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Legal Support in the Arbitration Court in Belarus

Representation of companies by lawyer at the IAC at BelCCI

Our legal office is authorized to represent the interests of residents and foreign customers in the International Arbitration Court (IAC) at the BelCCI (Belarusian Chamber of Commerce and Industry) in Belarus. The lawyers of our company will accompany you at all procedural stages: drafting a statement of action; representation of interests in court in the course of proceedings; enforcement of the IAC decisions in Belarus and abroad.

 

Advantages of commercial dispute consideration in the International Arbitration Court (IAC) at the BelCCI in Belarus

There are several key advantages. Firstly, the procedural basis for the IAC proceedings is its Regulation; in this connection, a dispute is considered in a more flexible form, at absence of any rigid procedural overregulation.

Secondly, disputing parties will be entitled to choose judges from the recommended list at their own discretion. Judges of the IAC at the BelCCI are reputable lawyers and scientists having large practical experience. All disputes are considered based on the principle of arbitrator’s independence that would exclude any biased attitude on the part of judges towards one of the parties.

Who may file an action to the Arbitration Court in Belarus

Any company (both resident and non-resident) may file an action against its counteragents to the IAC at the BelCCI if a dispute between them has arisen based on a foreign economic contract or any other type of economic relations and, at least, one of the counteragents is located outside Belarus. In the IAC at the BelCCI, non-residents may litigate between themselves; also, domestic companies against each other if they have agreed to choose the Arbitration Court as a judicial authority (arbitration clause).

Period of dispute consideration in the Arbitration Court of Belarus

A decision on a dispute where, at least, one of the parties is a foreign company (non-resident) shall be made within 6 months. If subjects to the proceedings are Belarusian companies, then a decision shall be made within 3 months.

What is the language of the court session, and in what language are documents to be submitted to the Arbitration Court?

Court sessions in the IAC at the BelCCI are held in the Russian language. If any of the parties does not know Russian, then the court will provide it with the interpreter services.

Documents (written evidence) on the case shall be submitted to the court in the original language without translation. The court will be entitled, on its own initiative or on the initiative of the opposing party, to demand their translation into the Russian language.

Types of proceedings in the IAC at the BelCCI

The Arbitration Court of Belarus considers disputes according to the standard or simplified procedure. The standard procedure is similar to litigation at the economic courts of Belarus and is performed with participation of disputing parties and application of all ‘procedural tools’. The simplified procedure is similar to writ proceedings with dispute consideration without calling the parties to the court based on written evidence. The simplified procedure is applied exclusively to proceedings between residents with an amount of demands up to 10,000 basic values (approx. equal to $123,188).

Enforcement of decisions of the International Arbitration Court at the BelCCI in Belarus and abroad

Based on a decision of the IAC at the BelCCI in relation to a Belarusian company (resident), the Economic Court issues the court order which, in its turn, will be enforced directly via Enforcement Department at the principal place of business of the debtor or its property, according to the provisions of the Law on Enforcement Proceedings.

It is far easier to enforce the IAC decision in relation to a foreign company (non-resident) than the Economic Court decision because the majority of the developed countries of the world have signed the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards, thus, establishing the uniform rules for enforcement of decisions of international arbitration courts in the territory of any state being signatory to the Convention.

 

 



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International Recognition of Our Services

  • The Leshchinsky Smolsky Legal Office is recommended by the international legal directory IFLR1000 as the leading law practice in Belarus in the field of financial transactions

  • Danila Smolski and Pavel Leshchynski act as legal advisers to the World Bank Group as part of the preparation of a global report on doing business in the world Doing Business

  • Legal Office "Leshchynski Smolski" provides legal support to the Embassy of Germany in the Republic of Belarus regarding registration of relations with national companies

  • LSL is listed in the International Directory of IP law firms and individual patent and trademark attorneys from the country of Belarus

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