Business partners of companies from Belarus can agree with Belarusian companies to consider disputes in a non-governmental body — the international arbitration court. Such an agreement is usually fixed in the text of a foreign economic agreement or in an independent agreement. The experience of the company’s representative’s participation in the consideration of cases in international arbitration courts is very important for the successful resolution of possible contradictions.
Features of consideration of cases in international arbitration courts
There are quite a lot of international arbitration courts organized in the world, each of which operates according to its own rules and is not bound by the norms of state procedural legislation.
The parties to a foreign economic agreement that have agreed to consider disputes in an international arbitration court can choose the venue of the meetings themselves — the state and the city where the trial will take place, or agree to consider the case online.
Consideration of cases in international arbitration courts is paid. Arbitration costs and arbitration fee must be paid for the consideration of the dispute. Arbitration costs are the costs associated with the consideration of the case: the work of arbitrators, experts, translators, travel expenses, etc. The amount of the arbitration fee is determined by each arbitration court independently. Usually the amount of the fee depends on the price of the claim.
The parties to the dispute may choose arbitrators from those accredited to a certain international arbitration court.
The parties to the dispute are not bound by the requirements for evidence. You can use different types of evidence, since there are no firm requirements for their types and features of obtaining.
There is no provision for appealing decisions of international arbitration courts.
The term of consideration of the dispute is usually less than in the state economic court.
Types of international arbitration courts
In Belarus, there is an International Arbitration Court at the Belarusian Chamber of Commerce and Industry – IAC at the BelCCI and an International Arbitration Court “Chamber of Arbitrators at the Union of Lawyers”.
An International Arbitration Court with headquarters in Paris (ICS) has been established at the International Chamber of Commerce. An international arbitration court has been established in almost every State under the Chamber of Commerce and Industry.
The most popular international arbitration courts:
- International Commercial Arbitration at the Chamber of Commerce and Industry of the Russian Federation;
- International Grain and Feed Trade Association (GAFTA);
- Court of Arbitration for Sport, Lausanne (CAS);
- London International Court of Arbitration (LCIA);
- Arbitration Institute of the Stockholm Chamber of Commerce (SCC);
- American Arbitration Association, New York (AAA);
- International Center for Settlement of Investment Disputes, Washington (ICSID);
- German Institute of Arbitration (DIS);
- Arbitration Institute of Swiss Chambers of Commerce (SCAI);
- Vienna International Arbitration Center (VIAC);
- Singapore International Arbitration Center (SIAC).
Representation of interests in international arbitration courts
It is in the interests of business to choose a representative of its interests in an international arbitration court that owns the legislation of the state whose rules apply when considering a dispute. In accordance with the concluded contract, this may be:
- the legislation of the state in which the international arbitration court specified in the contract is located,
- Belarusian legislation.
Competent representation of the company’s interests is also of great importance in the recognition and enforcement of decisions of international arbitration courts on the territory of the Republic of Belarus or another state.
Any company that has arbitration experience and knowledge of the dispute resolution procedure in a certain international arbitration can represent the interests of business in an international arbitration court.
How we can be useful in representing interests in international arbitration courts
Our advocates and attorneys are experienced in the field of arbitration representation and speak English. We can:
- Advise on the issues of drafting an arbitration clause;
- Advise on the choice of an international arbitration court when drafting a contract;
- Prepare an application to the international arbitration court;
- Represent your interests when considering a case in an international arbitration court offline or online;
- Assist in the recognition and enforcement of the decision of the international arbitration court.
Contact us
If you have any questions about representing interests in the international arbitration court, we will be happy to help you! Our many years of experience in the field of arbitration representation will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
