Originally from Baker and McKenzie International Arbitration Yearbook 2014-2015

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Legislation

International arbitration in Belarus continues to be governed by the Law on the International Arbitration Court2 (the “International Arbitration Law”), which was enacted on July 9, 1999. The law is based on the UNCITRAL Model Law, and since its enactment, no significant amendments have been made to it. In addition, the Economic Procedural Code adopted on December 15, 1998 contains provisions relating to challenging and enforcing local and foreign arbitral awards.

A.2 Trends and Tendencies

In addition to court-appointed mediation, in July 2013 the Belarusian Parliament adopted the Law On Mediation,3 which sets forth rules for out-of-court mediation. Among other things, this law sets out: (i) requirements which need to be met for being appointed as a mediator; (ii) mandatory terms of agreements to commence mediation proceedings; (iii) rules of registration for mediation institutions; and (iv) rules for enforcement of agreements concluded as a result of mediation. It also states that these agreements can be enforced in state courts. This law came into force in January 2014, and the application of its provisions will need to be clarified by subordinate legislation and relevant court practice.