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Belarus - Arbitration Law and Practice in Central and Eastern Europe

Author(s): 
Yan I. Funk
Vladimir Khvalei
Page Count: 
72 pages
Media Description: 
PDF from "Arbitration Law and Practice in Central and Eastern Europe"
Published: 
June, 2006
Jurisdictions: 
Belarus
Practice Areas: 
Right to Decide ex aequo et bono,
Arbitrators and Arbitral Tribunals,
Responsibility of Arbitrators,
Removal and Resignation of Arbitrators,
Capacity and Qualifications of Arbitrators,
Challenge of Arbitrators,
Designation of Arbitrators,
Applicable Law,
Arbitral Awards,
Arbitral Process,
Agreement to Arbitrate,
Enforceability of Arbitration Agreements,
Separability,
Termination,
Costs and Damages,
Arbitration Fees,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Recourse Against Award Generally,
International Litigation,
Enforcement of Arbitral Awards,
Interim Measures of Protection,
Third Parties in Arbitral Proceedings,
Practice & Procedure,
Evidence,
National Legislation,
New York Convention,
UNCITRAL Model Law
Author Detail: 

Yan I. Funk (Belarus) is President of the International Arbitration Court of the Chamber of Commerce and Industry in Belarus.

Vladimir Khvalei (Belarus) is a Partner in Baker & McKenzie’s Moscow office where he Heads the Baker & McKenzie CIS Arbitration and Litigation Practice Group.

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Description: 

Originally from Arbitration Law and Practice in Central and Eastern Europe

1. GENERAL LEGAL FRAMEWORK

1.1 National law

a) Current status

What is the current status? When was it enacted? Have there already been amendments?

The principal document governing the activities of international arbitration courts is Belarus Republic Law No. 279-Z “On International Arbitration Courts.”1 It was issued on 9 July 1999, and underwent minor amendments that same year.2

In addition, some provisions concerning international commercial arbitration are to be found in the:

Belarus Republic Code of Commercial Procedure dated 15 December 1998.3 It prescribes the procedures for resolving disputes in commercial courts. Chapter 28 of the Code is devoted to the recognition and enforcement of foreign arbitral awards, while Chapter 29 deals with challenging awards rendered by international arbitration courts in the territory of Belarus and with the issue of related writs of execution; and

Belarus Republic Code of Civil Procedure, dated 11 January 1999.4 It prescribes the procedures for courts of general jurisdiction and, for this reason, includes provisions on the enforcement of foreign arbitral awards against individuals other than entrepreneurs.5