|Help

Forms of Interaction between International Arbitration Courts Created in the Republic of Belarus and Belarusian State Courts - Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

Author(s): 
Jan Iosifovich Funk
Inna Vladimirovna Pererva
Page Count: 
28 pages
Media Description: 
1 PDF Download
Published: 
March, 2015

PDF605.59 KB

$40.00
Description: 

Originally from Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

Preview Page

 

I. General Provisions: Classification of the Forms of
Interaction between International Arbitration Courts
and Belarusian State Courts
 
The following two non-state courts in the Republic of Belarus are regulated by
two separate legislative acts:
 
1. arbitration courts that function in accordance with the Act No. 301-Z
of the Republic of Belarus dated 18 July 2011 ‘On arbitration courts’
(hereinafter, the ‘Arbitration Court Act’);
 
2. international arbitration courts whose creation and functioning comply
with the act of the Republic of Belarus ‘On international arbitration
courts’ (hereinafter, the ‘International Arbitration Court Act’).
 
In spite of the closely related subject of these two arbitration court types, their
legal regulation in the Republic of Belarus has certain distinguishing features
that affect the forms of interaction between them and state courts (infra).
Due to the fact that international arbitration courts created in the Republic of
Belarus do not administer justice but render binding decisions regarding
awards involving conflicting parties, such awards require the enforcement
power of the state. Hence there is a need for interaction between arbitration
courts and state courts.