International Arbitration for Cross-Border Disputes
When a contract between a Belarusian company and its foreign business partner contains an arbitration clause, commercial disputes arising under that contract can be resolved by an international arbitration court — a private dispute resolution institution operating independently of any state judicial system.
The choice of arbitration institution, applicable rules, seat of arbitration, and language of proceedings significantly affects both the process and the enforceability of the final award. AMBY Legal advises on all of these choices at the contract drafting stage — and represents clients in proceedings when disputes arise.
There are many international arbitration institutions operating worldwide, each with its own rules and procedures. Unlike state courts, international arbitration institutions are not bound by national procedural law — they apply their own institutional rules, which the parties agree to when they include an arbitration clause in their contract.
The parties can agree on the seat of arbitration — the country and city where hearings will take place — or agree to conduct proceedings entirely online. This makes international arbitration particularly accessible for foreign companies dealing with Belarusian counterparties.
Proceedings are paid: the parties must cover both the arbitration fee (calculated based on the claim amount under each institution’s schedule) and case costs — arbitrator fees, expert fees, translation, travel, and other expenses associated with the proceedings.
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International arbitration offers several important advantages over state court proceedings for cross-border commercial disputes:
The parties are not bound by strict evidentiary rules — different types of evidence can be used, without formal requirements on their format or method of obtaining.
There is no appeal on the merits — awards are final and binding, which reduces the risk of prolonged multi-stage legal proceedings.
Proceedings are typically faster than state court litigation for complex commercial disputes.
Awards are internationally enforceable under the New York Convention in over 160 countries — making recovery from foreign debtors significantly more practical than through state court judgments.
In Belarus, two domestic arbitration institutions handle international commercial disputes: the International Arbitration Court at the Belarusian Chamber of Commerce and Industry (IAC at the BelCCI) and the International Arbitration Court “Chamber of Arbitrators at the Union of Lawyers.”
For disputes with foreign counterparties where a neutral forum is preferred, parties frequently choose established international institutions — including the ICC (Paris), LCIA (London), SCC (Stockholm), SIAC (Singapore), AAA (New York), ICAC (Moscow), and others. The choice of institution depends on the nature of the dispute, the parties’ jurisdictions, and enforceability considerations.
Effective representation in international arbitration requires knowledge of both the procedural rules of the chosen arbitration institution and the substantive law governing the dispute — which may be Belarusian law, the law of the seat of arbitration, or another jurisdiction agreed by the parties.
AMBY Legal advises on the selection of arbitration forum and applicable law at the contract drafting stage — and provides full representation in proceedings when disputes arise, acting for both claimants and respondents. We also assist with the recognition and enforcement of international arbitral awards in Belarus.
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Representation in international arbitration can be carried out by licensed lawyers, law firms, advocates, or authorised company representatives. The key requirement is proper authorisation — confirmed by a valid power of attorney. Unlike some state court systems, most international arbitration institutions do not require bar membership or local counsel.
Arbitration is a private, non-state method of resolving commercial disputes. Parties agree — typically in an arbitration clause in their contract — to refer disputes to a chosen arbitration institution rather than state courts. Key advantages include: flexibility in choosing arbitrators and applicable rules, confidentiality, faster resolution than state court proceedings, and international enforceability of awards under the New York Convention. For cross-border disputes involving Belarusian companies, arbitration is usually the most practical option.
When sanctions apply, the choice of arbitration forum becomes a strategic decision. Belarusian companies have encountered practical difficulties in proceedings at EU and US-based institutions — including refusal to process payments, withdrawal of arbitrators, and document handling issues. For disputes involving Belarusian parties under current conditions, neutral forums not affected by sanctions — such as SIAC (Singapore), HKIAC (Hong Kong), or ICAC (Moscow) — are often more reliable and accessible options. AMBY Legal advises on forum selection taking current geopolitical conditions into account.
An arbitration clause is a written contractual provision in which the parties agree to resolve disputes through arbitration rather than state courts. If included directly in the contract, it is called an arbitration clause. If drafted as a separate standalone document, it is called an arbitration agreement. In both cases, the clause must be in writing — either in the signed contract itself, or confirmed through signed correspondence or other written communications evidencing mutual consent. This written requirement aligns with Article II of the New York Convention, ensuring international enforceability.
International arbitral awards are enforced in Belarus through the economic court system. The court considers a recognition application and — if the procedural requirements are met and no grounds for refusal exist — issues a writ of execution. Belarus is a signatory to the New York Convention, so awards from recognised institutions can also be enforced internationally. Note that since April 2022, enforcement of awards in favour of legal entities from unfriendly states has been suspended. We advise on enforceability before proceedings begin.
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