Recognition of Foreign Arbitration Awards in Belarus
Get legal support with enforcing international arbitration awards in Belarus. Trusted experts in cross-border disputes. Sometimes the decision on a dispute between companies is made by a foreign commercial arbitration. In this case, it is difficult to execute such a decision in Belarus independently without a representative who knows Belarusian legislation and knows how to execute foreign arbitral awards. In some cases, the enforcement of foreign arbitral awards in Belarus is impossible. Our experienced lawyers are familiar with the issues of enforcement of foreign arbitral awards in Belarus and are ready to assist you on such issues.
How to recognize a foreign arbitration award
The court considers an application for recognition of a foreign arbitral award within one month. The court will refuse to recognize a foreign arbitral award if the debtor proves that the procedure for considering the case by a certain arbitration court has been violated or if the execution of a foreign arbitral award contradicts the execution procedure in force in Belarus. Based on the results of studying the circumstances, the judge issues a ruling on the recognition and enforcement of a foreign arbitration decision or on the refusal of recognition and enforcement.
When a foreign arbitration award will not be executed in Belarus
Since April 2022, the execution of foreign arbitral awards in favor of residents of foreign states has been suspended, declared unfriendly. The list of unfriendly states was approved by the Government of Belarus. This list includes Australia, the member States of the European Union, Canada, Liechtenstein, Norway, New Zealand, Albania, Iceland, North Macedonia, Great Britain and Northern Ireland, the United States, Montenegro, Switzerland. This means that Belarusian banks will not accept for execution payment documents issued on the basis of foreign arbitral awards in favor of residents of these states.
Enforcement of foreign arbitral awards in favor of natural persons — residents of unfriendly States. The execution of arbitral awards in favor of individuals who are residents of unfriendly States has not been suspended.
Enforcement of foreign arbitral awards in favor of natural persons — residents of unfriendly States
The execution of arbitral awards in favor of individuals who are residents of unfriendly States has not been suspended.
Enforcement of arbitral awards of the courts of the Russian Federation
The decisions of the arbitration courts of the Russian Federation are not required to be recognized, they are executed on an equal basis with the Belarusian executive documents.
How to execute a foreign arbitration award
A foreign arbitral award must be sent for enforcement within 3 years from the date of its entry into force.
How much money will the claimant receive
The money that the bailiff collects from the debtor is credited to the enforcement authorities’ bank account. From this account, the money that remains after repayment of the execution costs and payment of the compulsory fee is transferred to the recoverer — this is a fee in favor of the enforcement authorities for compulsory execution. Usually, the amount of the compulsory fee is 10% of the amount that is collected by the bailiff or of the value of the debtor’s property that was sold during the enforcement of a foreign arbitration decision.
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Grounds for Refusal to Recognize or Enforce Foreign Court or Arbitration Awards in Belarus
Not Legally Binding
The foreign court judgment or arbitration award has not yet entered into legal force, and the applicable treaty does not allow pre-enforcement.
Improper Notification
The respondent was not properly informed of the court or arbitration proceedings, affecting their right to defense.
Exclusive Jurisdiction of Belarusian Courts
The dispute falls within the exclusive competence of courts in Belarus and cannot be decided by foreign authorities.
Conflicting Belarusian Court Decision
A final judgment on the same dispute between the same parties already exists in Belarus.
Pending Identical Case in Belarus
An identical case is currently being reviewed by a Belarusian court.
Expired Enforcement Term
The statutory time limit for enforcing the foreign judgment or arbitral award has passed.
Violation of Public Policy
Recognition or enforcement would contradict the public policy of the Republic of Belarus.
Grounds under the New York Convention (Arbitration-Specific)
Additional reasons for refusal under Article V of the 1958 New York Convention include:
- The arbitration agreement was invalid.
- A party was not properly notified of the appointment of an arbitrator or of the proceedings.
- The award is not yet binding or has been annulled or suspended by a competent authority.
- The arbitration procedure did not comply with the parties’ agreement or the law of the seat.
- The award deals with a matter not covered by the arbitration agreement.
Documents for the recognition of a foreign arbitral award
Recognition of a foreign arbitration award is giving it legal force on the territory of Belarus. To give legal force to the decision of a foreign arbitration court, you need to take several steps that our lawyers can accompany for you.
Step 1. Apostille or legalization of documents
First of all, documents issued in a foreign country must be apostilled or legalized at the consulate of Belarus in the country where the document was issued.
Step 2. Document Translation
Then the documents are translated into the official language of Belarus: Russian or Belarusian and the translation is notarized.
Documents for the recognition of a foreign arbitral award
Step 3. Sending an application to the court for recognition and enforcement of a foreign arbitral award
An application for recognition and enforcement of a foreign arbitral award is submitted to the economic court at the location of the debtor. The application must be accompanied by a decision of a foreign arbitration court or a copy thereof and an agreement on arbitration proceedings or a copy thereof and a certified translation of these documents.
It will be required:
– to pay the state duty — 10 basic units (this is 370 Belarusian rubles),
– attach to the application an extract from the commercial register of the state in which the claimant is located, stating that his company exists in reality.
Document Requirements for Recognition and Enforcement of Foreign Court and Arbitration Awards in Belarus
When filing a petition with the Economic Court of the Republic of Belarus, the following documents must be attached (unless otherwise provided by an international treaty):
- Certified Copy of the Foreign Court Judgment
A properly certified copy of the court decision that is being submitted for recognition and enforcement.
Document Requirements
– Proof of Legal Force or Enforceability
A document confirming that the court judgment has entered into legal force or that it is enforceable prior to becoming final, if permitted by treaty.
– Proof of Notification
A document confirming that the debtor was duly notified of the foreign court or arbitration proceedings.
– Power of Attorney or Authority Document
A document verifying the authority of the person signing the petition.
– Notice to the Debtor
A document confirming that a copy of the petition for recognition and enforcement was sent to the debtor.
– Official Translation
A certified translation of all the above documents into one of the official languages of the Republic of Belarus (Belarusian or Russian), completed by an authorized translator.
Document Requirements
For foreign arbitration awards, the following must also be submitted:
– Certified Copy or Original of the Arbitral Award
Either the original foreign arbitral award or a duly certified copy.
– Arbitration Agreement
The original arbitration agreement (e.g., clause in a contract or a separate agreement) or a properly certified copy.
– Proof of State Duty Payment
A document confirming that the applicable state fee has been paid.
All submitted documents must be translated by a qualified authority or translator and certified according to Belarusian procedural requirements.
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FAQ
An arbitral court, or arbitration tribunal, is a private dispute resolution body established by agreement between the parties. It operates outside the state judicial system and resolves commercial or civil disputes based on the arbitration clause or agreement. The resulting decision, called an arbitral award, can be enforced through courts under international conventions such as the 1958 New York Convention.
Belarusian courts may recognize and enforce both foreign court judgments and foreign arbitral awards. Eligible decisions include those arising from commercial disputes, civil claims, and in some cases, the compensatory part of criminal judgments. The enforcement procedure applies to rulings that are final and binding under the laws of the issuing country and comply with Belarusian procedural and public order standards.
Under Belarusian law, a foreign court judgment must be submitted for enforcement within 3 years from the date it enters into legal force, unless a different term is specified by an applicable treaty. If this deadline is missed, the court may restore the term if there are valid and documented reasons. For foreign arbitral awards, enforcement is generally allowed even after this period if filed under the New York Convention, provided other conditions are met.
If there is no bilateral or multilateral treaty between Belarus and the country where the decision was issued, enforcement may still be allowed under the principle of reciprocity. This principle is formally recognized in Belarusian procedural codes (Art. 245 of the Economic Procedure Code and Art. 542 of the Civil Procedure Code) and allows enforcement based on a presumption that Belarusian decisions would be treated similarly in the foreign jurisdiction.
National legal counsel ensures proper compliance with local procedural rules, court requirements, and documentation standards. They help prepare and certify the necessary documents, translate them accurately, and represent the claimant in court. Local lawyers also understand how public policy is interpreted in Belarusian courts and can effectively argue for recognition by referencing relevant court practice.
If the general 3-year limitation for enforcing a foreign court decision is missed, the court may allow the claim if the delay is justified. For arbitral awards submitted under the New York Convention, enforcement is not automatically barred by expiration, and courts may consider such claims if all formal requirements are met and the delay does not violate public policy.
Yes. If a foreign judgment or arbitral award is found to contradict the fundamental principles or legal norms of the Republic of Belarus, the court can refuse recognition. This includes violations of due process, lack of impartiality, or any conflict with Belarusian sovereignty or legal ethics. Public policy is one of the most serious and non-curable grounds for refusal, so it must be considered from the outset of the arbitration or litigation process.
Contact us
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LawyerLegal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
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E-mail
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AddressOffice: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
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