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Dispute Resolution

The issues of dispute resolution in Belarus in the sphere of business and in the sphere of interests of individuals are rightly of interest to representatives of the business community and private clients, as participants in disputes risk their finances and reputation. It is not always necessary to resolve disputes in the courts, in many cases there is a chance to resolve disputes without a trial: with the help of the claim procedure, mediation. 


Dispute resolution before trial in Belarus


In disputes between organizations and (or) individual entrepreneurs, before going to court, you need to make an attempt to settle the dispute yourself. To do this, there is a claim-based pre-trial procedure and mediation. Another procedure may be established, for example, by the parties to the contract, or such an order is directly provided for by Belarusian legislation. For example, in the case of a dispute between an investor and the Republic of Belarus when making investments, the dispute is resolved through negotiations before the court.


When the contract and the Belarusian legislation do not provide for a different procedure for resolving the dispute before the court, and the parties to the contract have not abandoned the claim procedure in the contract, then in case of a dispute it is necessary to send a claim to the debtor before going to court.


claim procedure

The claim procedure for dispute settlement is not always mandatory. In particular, it is not applied when, in accordance with the law, the parties do not have the right to settle the dispute before the court. Such cases include disputes:



  • on the exclusion of a participant from the number of participants of a business company,

  • on the recognition of the transaction as invalid,

  • on the recognition of the auction as invalid,

  • on invalidation of the decision of the general meeting of participants of the economic company,

  • on the pre-emptive right to purchase a share in the authorized fund of a business company, etc.


State officials and state bodies of the Republic of Belarus file statements of claim in court in the interests of other persons without observing the pre-trial claim procedure for dispute settlement.


When it is impossible to abandon the claim pre-trial procedure


There are categories of disputes for which it is impossible to abandon the pre-trial claim procedure. In particular, these are disputes:



  • According to the requirements for the carrier about automobile transportation within the Republic of Belarus, air and sea cargo transportation, etc.

  • According to the requirements in connection with the use of the toll road, charging and collection of tolls.


What is a claim

A claim is a letter with demands to the debtor for the elimination of violations in the performance of his obligations under the contract. The requirements for the content of the claim are established in the legislation (paragraph 2 of the appendix to the Economic Procedural Code of the Republic of Belarus). In the claim, in addition to the requirements, you can offer ways to resolve the dispute. For example, offer to pay the debt in installments, transfer the dispute to the mediator for resolution, etc. The deadline for responding to a claim is set by the legislation: the debtor has one month to respond.


The claim is sent to the location of the organization or its branch, representative office – depending on the activity of which of these structures the claim arose. When the debtor is an individual entrepreneur or an individual, the claim is sent to his place of residence or place of stay. You can send a claim to the place of work of the debtor – an individual, if he does not live at the place of residence.


In the contract, the parties may provide for sending a claim by e-mail.


When it is possible to file a claim in court after the lawsuit


A statement of claim can be filed in court when a response to a lawsuit has been received with a refusal to satisfy the requirements and when the 1-month period set for the debtor’s response to the claim has expired and no response has been received from the debtor.


In addition to the evidence of the claim against the debtor, the statement of claim must be accompanied by evidence of sending the claim to the debtor and an extract from the Unified State Register of Legal Entities and Individual Entrepreneurs (USR) about the location of the debtor when the response to the claim has not been received.


Mediation Process

When evidence of sending a claim to the debtor has not been attached to the statement of lawsuit, the court will not begin to consider the case, but will leave the claim without movement and determine the time limit to present such evidence. If no proof of the claim is submitted within this period, the court will return the statement of lawsuit. You can resend the statement of claim to the court after trying to settle the dispute in a claim-based manner.


Dispute resolution in Belarus without trial by mediation


Mediation is a negotiation in which the parties to the dispute and the mediator participate. A mediator is an individual who has a certificate issued by the Ministry of Justice of the Republic of Belarus. If you are interested in settling a dispute with the participation of a mediator, you need to send an appropriate proposal to the other party. Our experts will help you choose a suitable mediator from the state Register of mediators and make such a proposal.


Mediation is aimed at dialogue and working out a solution that is acceptable to both sides of the dispute. The parties themselves determine the period of mediation. This period should not exceed six months from the date of conclusion of the mediation agreement. Meditation is conducted in Russian or Belarusian or in another language, with the participation of an interpreter. 


In mediation, the parties formulate a range of controversial issues, independently propose solutions, discuss them. The mediator does not offer options for resolving the dispute, but manages the negotiations. The information obtained during mediation is confidential.


Dispute resolution

In the court of the Republic of Belarus, disputes on which the debtor recognizes the claims, but does not fulfill and on which it does not recognize the claims, are considered in different ways. When the debtor recognizes the creditor’s claims (this is usually evident from the debtor’s response to the claim or the claim is based on documents that confirm the debt), the creditor’s claim is considered in an expedited manner, without proceedings and summoning the parties to court. This procedure is called writ production (a part of litigation in Belarus).


Writ proceedings in the Economic Court


Disputes and litigation in Belarus between organizations and individual entrepreneurs are considered in the economic court.


The term of consideration of the case in the economic court of first instance is 20 working days. The state fee that must be paid before filing an application to the court is from 2 to 7 basic units. After consideration of the case and satisfaction of the claimant’s claims, the court issues an enforcement document: a ruling on a court order. It comes into force from the moment the court makes it. It can be immediately sent for enforcement.


The list of requirements that can be considered in writ proceedings is limited (Article 220 of the CPC). A number of requirements cannot be considered in writ proceedings. In particular, these are claims for the reclamation by the owner of immovable property, for the fulfillment of obligations from the contract of assignment of the claim or transfer of debt (except in cases when the debtor has acknowledged the debt in writing).


Writ Proceedings

Disputes involving individuals are resolved in a court that hears civil cases.


The requirements for which the court considers civil cases in the order of writ proceedings are defined in Article 394 of the Civil Procedure Code of the Republic of Belarus (CPC):



  • the requirement is based on a notarized transaction,

  • the requirement for alimony for minor children, not related to the establishment of motherhood and (or) paternity or the need to involve third parties,

  • the requirement to recover in favor of the state the costs of maintaining children on state support, from the person obliged to reimburse such expenses,

  • the requirement under the contract, which is concluded in a simple written form, means that it is not notarized.


In other cases, you need to file a statement of claim and participate in court sessions.


Before submitting an application to the court, you need to pay a state fee. Its rates are determined by the rates that apply to the consideration of claims of a property nature. This is 5% of the claim price, but not less than 2 basic values. The price of the claim is the amount that the recoverer collects or the value of the property or the amount of all unpaid alimony payments, but not more than a year.


Claim proceedings in the Economic Court

The claim proceedings in the economic court are usually initiated by the recoverer, who is called the “plaintiff” in the claim proceedings. The debtor in the claim proceedings is called the “defendant”. The economic court considers economic disputes when the debtor does not agree and disputes the creditor’s claims.


The statement of claim must be sent to the court within the limitation period. The total limitation period is three years. Some claims have shorter or longer limitation periods. For example, according to the requirements of the contract of carriage of goods, the limitation period is one year. According to the requirements of the freight forwarding contract – 10 months.


As a general rule, the statement of claim is sent to the economic court at the location or residence of the defendant. In the Republic of Belarus, there is an economic court of the corresponding region in each region, and in Minsk there is an economic court of Minsk.


Certain requirements are set for the content of the statement of claim. The plaintiff may combine several claims in one statement of claim, if they are interconnected. When property claims are made (to recover money, property, etc.), it is necessary to calculate the price of the claim.


Package of documents

The statement of claim must be accompanied by a package of documents confirming the plaintiff’s claims, payment of the state fee, evidence of compliance with the pre-trial procedure for dispute settlement, when such an order is mandatory, a document confirming the legal status of a non-resident person and the state registration of an organization or individual entrepreneur.


To calculate the state fee to be paid before filing a claim, the price of the claim is converted into base values, since the state duty rates are set depending on the price of the claim, expressed in base values. For example, if the claim price is up to 100 basic units (up to 3,700 rubles). the state duty rate is 25 basic units (Appendix 15 to the Tax Code of the Republic of Belarus). The base value in September 2023 is 37 rubles. So, the amount of the state duty at such a claim price is 37 x 25 = 925 rubles.


As a general rule, the court considers the case in the first instance within a period of no more than two months from the date of the ruling on the appointment of the case for trial, and in exceptional cases, the term may be extended to four months. The court considers cases involving foreign persons who are abroad within a period of no later than seven months, unless otherwise established by an international treaty. In exceptional cases, the term of consideration of such a case may be extended up to one year.


The decision of the Economic court comes into force 15 working days after its issuance (Article 134 of the CPC). Prior to the entry into force of the decision, you can appeal on appeal.


Our Services

Conflict Prevention Strategy
We create clear legal strategies to reduce risks and avoid disputes, protecting your interests through smart contracts and proactive planning before problems start.
Claims & Pretrial Negotiations
We draft claims and handle negotiations to settle conflicts quickly, aiming to resolve issues on favorable terms without needing court involvement.
Court Document Preparation
We prepare all court documents with precision, making sure your case meets legal requirements and deadlines so you’re fully prepared for trial.
Filing Court Submissions
We manage the entire filing process, submitting your case to court properly and handling all paperwork to give your claim a strong start.
Court Representation
Our attorneys represent you in court, protect your rights, present evidence, and argue your position to achieve the best possible judgment.
Recognition of Foreign Judgments
We help get foreign court decisions recognized in Belarus, so they become legally valid and enforceable under local laws for cross-border cases.
Enforcement & Execution
We support enforcing court judgments in Belarus, overseeing debt collection, property seizure, and ensuring the other side follows the court’s orders.
Arbitration Support
We guide you through arbitration, prepare your case, present evidence, and protect your interests in both local and international arbitration disputes.

Types of Disputes

Corporate & Commercial Disputes

Corporate & Commercial Disputes

We handle conflicts involving corporate governance, business contracts, and antitrust issues, protecting your company’s interests in complex commercial matters.

Immigration-Related Disputes

Immigration-Related Disputes

We assist with disputes arising from visa denials, deportations, or residence permits, ensuring your immigration rights are properly defended.

Real Estate Rights Disputes

Real Estate Rights Disputes

We resolve ownership, registration, or boundary issues, safeguarding your rights to residential, commercial, or investment property.

Financial Company Disputes

Financial Company Disputes

We represent clients in conflicts with banks, insurance firms, and investment companies, addressing regulatory or contractual issues.

Shareholder Conflicts

Shareholder Conflicts

We protect shareholder rights in disputes over dividends, management decisions, and corporate control to maintain fair governance.

Bankruptcy-Related Disputes

Bankruptcy-Related Disputes

We support creditors and debtors in bankruptcy cases, handling claims, asset recovery, and contesting unfair transactions.

Contract Disputes

Contract Disputes

We resolve disagreements over contracts, from supply agreements to service contracts, ensuring terms are enforced or liabilities minimized.

Debt Recovery Disputes

Debt Recovery Disputes

We manage disputes over unpaid debts, enforcing obligations and helping secure payment through negotiation or court action.

Individual Disputes (Family & Inheritance)

Individual Disputes (Family & Inheritance)

We assist with family law and inheritance conflicts, from divorce settlements to contested wills, always focusing on your best interests.

Cross-Border Disputes

Cross-Border Disputes

We handle international conflicts involving foreign businesses, assets, or parties, ensuring compliance with local and international laws.

Employment Disputes

Employment Disputes

We represent employers and employees in wrongful termination, wage claims, and other workplace conflicts to secure fair outcomes.

Intellectual Property Disputes

Intellectual Property Disputes

We protect your patents, trademarks, and copyrights, stopping unauthorized use and enforcing your exclusive rights.

Domain Name Disputes

Domain Name Disputes

We resolve conflicts over domain ownership and trademark violations online, helping you secure or reclaim crucial web assets.

Construction Disputes

Construction Disputes

We handle claims over defects, delays, and contract breaches in construction projects, defending your interests in building matters.

Real Estate Dispute Resolution

Real Estate Dispute Resolution

We address issues from property purchases to development disputes, protecting your investments in real estate.

Lease Agreement Disputes

Lease Agreement Disputes

We represent landlords and tenants in disputes over lease terms, payments, or property conditions, securing fair resolutions.

Accounts Receivable Collection

Accounts Receivable Collection

We pursue overdue payments from clients or partners, using legal tools to recover outstanding receivables efficiently.

Key Advantages of Mediation

Confidential Resolution

Confidential Resolution

Mediation keeps disputes private. Sensitive issues, whether family or business, stay out of public view, protecting your reputation and preventing conflicts from harming your image or attracting negative reviews.

Lower Costs

Lower Costs

Hiring a mediator is far more affordable than a lengthy court process. Though mediation isn’t free, resolving disputes quickly outside of court saves substantial legal fees and other costly expenses.

Faster Results

Faster Results

Courts move slowly. Mediators work on your timeline, aiming to settle matters quickly. If time matters most, mediation often delivers results in weeks, not years of hearings and appeals.

Restores Dialogue

Restores Dialogue

A skilled mediator helps rebuild communication. This avoids hardening positions and turning partners or family members into lifelong enemies, steering both sides back to cooperation without court involvement.

Neutral Facilitation

Neutral Facilitation

Unlike a judge, a mediator doesn’t impose decisions. They remain neutral, guiding both sides to find common ground. You keep control over the outcome without fear of biased rulings or lost interests.

What Is the Reconciliation Process?

1

Voluntary Participation

Reconciliation is entirely voluntary. No party can be forced to take part, and each may end the process at any time, ensuring free will at every stage.

2

Equality of the Parties

Both sides have equal rights throughout. Each can voice opinions, help shape the negotiation agenda, and judge if proposed terms meet their interests.

3

Spirit of Cooperation

Reconciliation relies on mutual compromise. Parties work together to find a balanced solution, aiming for an agreement that satisfies everyone involved.

4

Neutral Mediator Role

The mediator stays independent and impartial. They ensure fair treatment, avoid conflicts of interest, and must withdraw if they cannot remain objective, as required by law.

5

Confidentiality Guaranteed

Discussions stay private. Mediators can’t testify in court or share confidential talks unless a party explicitly allows disclosure, protecting sensitive information throughout the process.

Why us?

Extensive Experience

Extensive Experience

Decades of handling complex legal matters mean we anticipate challenges and protect your interests with unmatched insight and skill.

Successful Case History

Successful Case History

Our track record shows consistent wins across diverse cases, giving you confidence we’ll fight effectively for your best outcome.

Proven Results

Proven Results

Clients trust us because we deliver. We focus on practical solutions that safeguard your rights and secure your goals.

We Speak Your Language

We Speak Your Language

We communicate clearly, in plain terms or your native language, so you always understand your options and next steps.

International Recognition

International Recognition

Our expertise is acknowledged worldwide, making us a trusted choice for cross-border disputes and global business matters.

Flexible Pricing

Flexible Pricing

We tailor fees to your situation, offering clear, fair pricing that fits your budget without compromising quality.

FAQ

What are alternative dispute resolution methods?

Alternative dispute resolution (ADR) includes mediation and arbitration—private, flexible ways to settle conflicts without state courts. They’re faster, confidential, and help maintain business or personal relationships.

How do I choose the best way to resolve a dispute?

Consider the dispute’s nature, your budget, whether you need an enforceable decision, and if preserving relationships matters. A legal advisor can help pick the right path.

When should I use state courts?

Choose state courts for complex or principle-driven disputes, uncertain legal issues, or when you need a decision that’s enforceable through state authorities and appealable.

When is arbitration the right choice?

Arbitration suits large commercial or international disputes where expertise, speed, and confidentiality are critical. It ensures a binding decision outside the often slower public court system.

When should I choose mediation?

Mediation works best when you want to resolve issues quickly, economically, and preserve business ties. It’s ideal for ongoing partnerships or less adversarial contract disputes.

Contact us

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    • Lawyer
      Legal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
    • E-mail
    • Address
      Office: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
    • Working hours
      Monday-Friday 9:00-19:00