Belarus - Baker & McKenzie International Arbitration Yearbook: 2011-2012
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: 2011-2012
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.
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.
Alexander Korobeinikov, Almaty
A. Legislation, Trends and Tendencies
A.1 Domestic Legislation
A.2 International Treaties
A. 3 Trends and Tendencies
B.1 Arbitration Clause Providing for Disputes to Be Resolved by Arbitration Is Effective Notwithstanding Differences between Russian and English Versions Clause
B.2 Reference to Resolving Disputes in an Arbitration Court is Sufficient to Render the Arbitration Clause Valid
C. Public Policy in International Arbitration
C.1 Legal Framework
C.2 Application of the Concept of Public Policy by Belarusian Courts