International Commercial Arbitration at Belarus
Certainly! Here’s an overview of International Commercial Arbitration in Belarus:
📘 International Commercial Arbitration in Belarus
1. Legal Framework
Arbitration in Belarus is governed by the Law on Arbitration Courts (2001), which applies to both domestic and international arbitration.
Belarus is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, ensuring enforcement of international arbitration awards.
The Belarusian Civil Procedure Code also contains provisions related to arbitration.
2. Key Features
a. Arbitration Agreement
Parties must have a valid arbitration agreement, usually in writing, specifying arbitration as the dispute resolution method.
The agreement may be part of the contract or a separate clause.
b. Arbitral Tribunal
Parties are free to appoint arbitrators, who must be impartial and independent.
The tribunal typically consists of one or three arbitrators.
In case of disagreement, the Belarusian Chamber of Commerce and Industry or other arbitral institutions may assist with appointment.
c. Conduct of Arbitration
Parties may choose the arbitration rules or apply institutional rules such as those of the Belarusian Chamber of Commerce and Industry Arbitration Court.
Arbitration proceedings are private and confidential.
The law grants broad procedural autonomy to parties.
d. Recognition and Enforcement
Belarusian courts recognize and enforce foreign and domestic arbitral awards under the New York Convention.
Grounds for refusal of enforcement are limited and align with international standards (e.g., invalid arbitration agreement, violation of public policy).
3. Judicial Support and Intervention
Courts generally have a supportive role toward arbitration.
Courts may assist with interim measures and the appointment of arbitrators if parties fail to agree.
Courts may annul arbitral awards only on strict grounds, including procedural violations or excess of authority by arbitrators.
4. Arbitration Institutions
The Belarusian Chamber of Commerce and Industry Arbitration Court is the main arbitral institution handling commercial disputes.
International arbitration rules (ICC, UNCITRAL) may also be applied if parties agree.
5. Practical Considerations
Belarusian arbitration law is largely in line with international best practices but enforcement can sometimes face practical challenges.
Many international parties choose to conduct arbitration in neutral venues or under well-established institutional rules for enhanced neutrality and enforceability.
6. Summary Table
| Aspect | Description |
|---|---|
| Governing Law | Law on Arbitration Courts (2001), Civil Procedure Code |
| Arbitration Agreement | Written agreement required |
| Arbitrator Appointment | Party autonomy, institutions assist if needed |
| Arbitration Rules | Party choice or institutional rules |
| Confidentiality | Arbitration is private and confidential |
| Enforcement | Recognized under New York Convention |
| Court Intervention | Limited and supportive |
| Main Arbitration Institution | Belarusian Chamber of Commerce and Industry Arbitration Court |
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