Analysis of arbitration legislation in the Republic of Belarus
1. "Analysis of arbitration legislation in the Republic of Belarus"EUROPEAN HUMANITIES UNIVERSITY
Academic Department of law
Bachelor's program «International law»
"ANALYSIS OF ARBITRATION LEGISLATION IN
THE REPUBLIC OF BELARUS"
PREPARED BY: KSENIYA HZHYBOUSKAYA
2. Categories (types) of arbitration courtsCATEGORIES (TYPES) OF ARBITRATION COURTS
According to the Law "About international arbitration (arbitration) court"
on the territory of the Republic of Belarus there are two categories of
- the permanent court of international arbitration;
- the international court of arbitration for a particular dispute (ad hoc).
3. Permanent (institutional) arbitrationPERMANENT (INSTITUTIONAL) ARBITRATION
• the presence of regulations, ensure timely
commencement of trial;
• administrative support from the institution,
representing the court of arbitration;
• the availability of professional arbitrators
and possibility of their choice;
• the format of the proceedings.
• fixed administrative fees for the services
of the international court of arbitration,
depending on the amount of the claim;
• bureaucratization of the court;
• hardcoded terms, that is often
inconvenient for one or both of the
parties of the proceedings.
4. arbitration for a particular dispute (ad hoc)ARBITRATION FOR A PARTICULAR DISPUTE (AD
• the ability to stipulate a special
regulation which is most favorable
to the parties to the dispute;
• no obligation to pay court fees.
• no fixed rules and Protocol, about which
the parties must reach agreement, often
after a dispute has arisen;
• the need for an independent search and
selection of arbitrators;
• the need for self-determination of the
amount of payment for services of an
5. Features of arbitration law in the Republic of BelarusFEATURES OF ARBITRATION LAW IN THE REPUBLIC
I. the independent choice of arbitrator;
II. privacy (in comparison with the publicity of litigation);
III. the absence of rigid procedural rules (even in institutional arbitrage with
the consent of the parties);
IV. the smaller the workload of arbitrators in comparison with judges (both
arbitrator simultaneously dismantle only one case).
6. FEATURES OF ARBITRATION LAW IN THE REPUBLIC OF BELARUSDisadvantages:
I. The Arbitral Court is not a court in fact
II. Maintenance of the claim
III. Obtaining and preservation of evidence
IV. The referral of disputes to the arbitration court
VI. The prejudice decisions
7. I. The Arbitral Court is not a court in factI. THE ARBITRAL COURT IS NOT A COURT IN FACT
- paragraph 1 of article 10 of the Civil Code: "Protection of violated or disputed civil rights shall
be exercised by the court of general jurisdiction, arbitration court (hereinafter – court) in
accordance with the jurisdiction established by the procedural legislation, and in the cases not
provided by law – in accordance with the contract."
- article 5 of the Code on the judiciary and status of judges
- paragraph 1 of article 109 of the Constitution: "The judicial power in Belarus belongs to the
- paragraph 3 of article 2 of the Code on the judiciary and status of judges "the Judicial
power is exercised through constitutional, civil, criminal, commercial and administrative proceedings"
8. II. Maintenance of the claimII. MAINTENANCE OF THE CLAIM
- article 30 of the Law "About arbitration courts"
- article 14 and 23 of the Law "About international arbitration (arbitration)
- article 254 of the Civil procedural code of Belarus
- article 113 of the Commercial procedural code of the Republic of Belarus
9. III. Obtaining and preservation of evidenceIII. OBTAINING AND PRESERVATION OF EVIDENCE
- article 179 of the Civil procedure code
- article 101 of the Commercial procedural code of the Republic of Belarus
- article 35 of the Law "About international arbitration (arbitration) court" states that:
"the international arbitral Tribunal or a party with its consent may apply to the state court
or the court of a foreign state with a request for assistance in obtaining evidence on the
matter before the international court of arbitration. The state court, within its competence
and in accordance with the procedure established by the procedural legislation of the
Republic of Belarus, comply with such request."
10. IV. The referral of disputes to the arbitration courtIV. THE REFERRAL OF DISPUTES TO THE
- article 40 of the Economic procedural code of Belarus
- article 39 of the Civil procedure code of the Republic of Belarus
11. V. ProvingV. PROVING
• The Сriminal Code ofthe Republic of Belarus:
- article 395;
- article 401;
- article 403.
12. VI. The prejudice decisionsVI. THE PREJUDICE DECISIONS
- article 106 of the Commercial procedural code of Belarus;
- article 182 of the Civil procedure code of the Republic of Belarus.
13. VII. JurisdictionVII. JURISDICTION
- article 19 of the Law "About arbitration courts" provides that "the Arbitral
court resolves any disputes arising between the parties to the arbitration
agreement <...> and disputes that cannot be subject to arbitration in accordance
with the legislation of the Republic of Belarus or legislation of foreign state if the
application of the legislation of a foreign state envisaged by the arbitral agreement
or any other agreement between the parties ".
• The system of arbitration courts in the Republic of Belarus is functioning
properly, but its further development is under questions due to the
presence of the problems described above