Interim measures application
We prepare and file the application for interim measures – drafting the legal arguments, assembling the evidence of dissipation risk and presenting the case to the court.
Interim Measures & Asset Freezing in Belarus
Licensed lawyers at AMBY Legal apply for interim measures in Belarusian economic courts and the IAC – freezing assets, seizing property and securing claims before a judgment is obtained.
Our clients
Why Interim Measures Matter
Winning a case is only useful if there are assets left to enforce against. A Belarusian company that knows a claim is coming can transfer assets, empty bank accounts or structure transactions to put its property beyond reach before a judgment is obtained. By the time the foreign claimant has a judgment in hand, there may be nothing left to enforce against.
Interim measures – обеспечительные меры – are the legal tool that prevents this. They allow a claimant to freeze the respondent’s assets or restrict their use before the case is decided. In Belarus, interim measures are available in both economic court proceedings and IAC arbitration – and can be applied for at any stage, including before the main claim is filed.
A well-timed interim measures application can be the most important step in the entire dispute. We apply for interim measures in Belarusian economic courts and the IAC on behalf of foreign claimants – preparing the application, meeting the legal standard and managing the procedural timeline.
Types of Interim Measures Available in Belarus
Belarusian economic court law provides for a range of interim measures that can be applied in commercial disputes. The most relevant for foreign claimants are the following.
Seizure of funds: The court orders the seizure of funds in the respondent’s bank accounts up to the amount of the claim. This is the most commonly used and most effective interim measure – it prevents the respondent from moving money out of their accounts while the case proceeds. The seizure is implemented by the enforcement authority which notifies the respondent’s banks.
Prohibition on disposal of property: The court prohibits the respondent from selling, pledging, transferring or otherwise disposing of specific assets – real estate, equipment, vehicles, intellectual property. This protects assets that cannot be seized but can be hidden or transferred.
Suspension of enforcement proceedings: Where the respondent has initiated enforcement proceedings against the claimant, the court can suspend those proceedings pending resolution of the main dispute.
Other measures: The court can impose any other measure necessary to ensure enforcement of the future judgment – including prohibiting the respondent from leaving Belarus or prohibiting third parties from performing obligations to the respondent.
Debt Collection in Belarus
Professional legal help in the field of debts collection in Belarus.
The Legal Standard for Interim Measures
To obtain interim measures in Belarus, the applicant must satisfy the court that two conditions are met.
First – there is a risk that without interim measures the enforcement of the future judgment will be impossible or significantly more difficult. This requires showing that the respondent’s behaviour creates a real risk of asset dissipation – transfers to related parties, unusual transactions, business restructuring, or simply the respondent’s known financial difficulties.
Second – the measures requested are proportionate to the claim. The value of assets frozen must not significantly exceed the amount of the claim. A court will not freeze ten million dollars of assets for a one hundred thousand dollar claim.
The court does not require the applicant to prove the merits of the main claim at the interim measures stage. The standard is lower – the court assesses whether there is a prima facie basis for the claim and whether the risk of asset dissipation is real.
Our services
Pre-claim interim measures
We apply for interim measures before the main claim is filed – coordinating the application with the preparation of the main statement of claim.
IAC interim measures
We apply for interim measures in IAC arbitration proceedings – directly through the IAC and through the economic court in support of arbitration.
Monitoring and enforcement
We monitor the implementation of interim measures and respond immediately to any attempt by the respondent to circumvent or lift them.
Lifting and modification defence
We oppose applications by respondents to lift or modify interim measures – arguing for the preservation of the protection obtained.
Cross-border coordination
We coordinate Belarusian interim measures with freezing orders in other jurisdictions where the respondent has assets outside Belarus.
Practical Considerations
Speed is critical: An interim measures application filed after the respondent becomes aware of the dispute may be too late – assets may already have been moved. We advise on the optimal timing of the interim measures application relative to the pre-trial claim and the main filing.
The element of surprise: Where the risk of dissipation is high, it is sometimes possible to obtain interim measures without prior notice to the respondent – ex parte. The court then notifies the respondent after the measures are in place. This option is available in specific circumstances and requires a strong showing of urgency.
Security deposit: The claimant is required to provide security to the court when applying for interim measures – protecting the respondent against losses if the claim ultimately fails. The amount of the security deposit is set by the court. We advise on the likely security requirement before any application is made.
Cross-border coordination: Where a respondent has assets in multiple countries, interim measures in Belarus can be coordinated with freezing orders in other jurisdictions. We work with partner lawyers in Russia, Kazakhstan and other relevant jurisdictions to coordinate multi-jurisdictional asset preservation.
Why Clients choose us
Speed
Interim measures applications are time-sensitive. We prepare and file without delay – often within 24 to 48 hours of instruction.
Evidence preparation
The success of an interim measures application depends on the quality of the evidence of dissipation risk. We identify and present this evidence effectively.
Both forums
We apply for interim measures in both the economic court and the IAC – and coordinate between the two forums where proceedings run in parallel.
Cross-border experience
We work with partner lawyers in other jurisdictions to coordinate multi-country asset preservation where the respondent has assets outside Belarus.
Remote service
We apply for interim measures and manage all subsequent steps by power of attorney – clients do not need to travel to Belarus.
FAQ
Can interim measures be obtained before filing the main claim in Belarus?
Yes – Belarusian law allows a claimant to apply for interim measures before the main claim is filed. If granted, the main claim must be filed within 15 calendar days. A security deposit is required. Pre-claim interim measures are most appropriate where there is an urgent risk of asset dissipation before the main proceedings are commenced.
How quickly can interim measures be obtained?
The economic court typically considers an interim measures application on the same day or the next working day after filing – without a hearing and without notifying the respondent in most cases. Implementation through the enforcement authority and notification to the respondent’s banks typically takes a further one to three working days.
What security does the claimant need to provide?
The claimant must provide security to protect the respondent against losses if the interim measures prove unjustified – for example if the main claim fails. The amount is set by the court based on the circumstances. We advise on the likely security requirement before any application is made.
Can the respondent have interim measures lifted?
Yes – the respondent can apply to have interim measures lifted or modified. They can also provide substitute security – paying the disputed amount into court escrow or providing a bank guarantee – which releases the frozen assets while protecting the claimant’s position. We oppose unjustified lifting applications and monitor all developments.
Are interim measures available in IAC arbitration?
Yes – the IAC can grant interim measures directly, and a party to IAC proceedings can also apply to the Belarusian economic court for interim measures in support of the arbitration. The economic court route is often more effective for implementation.
What if the respondent has assets outside Belarus?
We coordinate with partner lawyers in other jurisdictions to obtain freezing orders in parallel. For respondents with assets in Russia, Kazakhstan and other CIS countries, the Minsk Convention framework facilitates coordination. For respondents with assets in other jurisdictions, we advise on the available options case by case.
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