Belarus - Baker & McKenzie International Arbitration Yearbook: 2010-2011
Alexander Korobeinikov is an Associate in Baker & McKenzie’s Almaty office and a member of the International Arbitration Practice Group of the Firm’s Global Dispute Resolution Practice Group.
Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011
A. LEGISLATION, TRENDS AND TENDENCIES
Set out below is a summary of the legislation regulating arbitration proceedings in Belarus together with a summary of recent important cases and other emerging issues particularly with respect to insolvency matters.
A.1 Legislation
Arbitration proceedings in Belarus are regulated by international treaties ratified by Belarus, and domestic legislation.
A.1.1. International treaties
While Belarus was a part of the Soviet Union until 1991, it has maintained a right to be a party to international treaties since the 1940’s.
Belarus is a party to a number of international and regional treaties that relate to arbitration proceedings, including the New York Convention and the European Convention as well as several CIS treaties.
Additionally, it should be noted that while certain investment treaties ratified by Belarus refer to ICSID, from the Belarusian perspective, it is not entirely clear whether Belarus is bound by the ICSID Convention2 because Belarus has yet to formally ratify it.