Contracts concluded by Belarusian resident companies with foreign business partners usually prescribe the procedure for dispute resolution. Instead of resolving the dispute in the economic court, it is possible to agree on the resolution of possible disputes in the International Arbitration Court at the Belarusian Chamber of Commerce and Industry (IAC at the BelCCI). It is a non-profit organization that handles disputes on an ongoing basis. There are special features in the consideration of such disputes, which our experienced lawyers are well familiar with.
When the dispute is considered by the IAC at the BelCCI
The parties to the foreign economic agreement may come to an agreement not to apply to the state economic court in case of a dispute, but to transfer the dispute to the IAC at the BelCCI for resolution. Usually, the parties come to such an agreement when concluding a foreign economic agreement.
Arbitration clause
The agreement on the transfer of disputes from a foreign economic agreement to the IAC at the BelCCI is called an “arbitration agreement”, it is usually fixed in the contract. Such a condition of the contract is called an “arbitration clause”. When there is no arbitration clause in the contract, the arbitration agreement is formulated in an independent dispute settlement agreement with the IAC at the BelCCI.
Features of filing a claim
The IAC at the BelCCI operates on the basis of the regulations that define the requirements for the statement of claim. When a statement of claim does not meet these requirements, it is not accepted for consideration, but is given 6 months to eliminate deficiencies. When there are no corrections at the end of 6 months, the IAC at the BelCCI returns the statement of claim and does not consider the dispute.
Features of the payment for the consideration of the dispute by the IAC at the BelCCI
The consideration of disputes by the IAC at the BelCCI is paid. Unlike the state economic court, it is not necessary to pay a state fee to the budget, but an arbitration fee. The amount of the fee is determined in euros and depends on the price of the claim, which must be converted into euros to calculate the amount of the arbitration fee.
The amount of the arbitration fee
In disputes under foreign economic contracts, the initial amount of the arbitration fee is 700 euros with a claim price of up to 5,000 euros. If the claim has no price, the amount of the arbitration fee is determined by the Chairman of the IAC in the amount of at least 700 Euros.
To consider the dispute, the parties themselves choose arbitrators from the Advisory List of Arbitrators, which is available in the IAC at the BelCCI. When a case is considered by one arbitrator, the amount of the arbitration fee is reduced by 30 percent. In any case, the amount of value added tax calculated according to the rules of the Belarusian legislation is added to the amount of the arbitration fee.
The Chairman of the IAC may, upon a reasoned request from the plaintiff, allow the case to begin after payment of at least 50% of the arbitration fee, subject to payment of the remaining 50% before the first court session.
The IAC at the BelCCI does not refund the arbitration fee in case the applicant of claims (plaintiff) renounces his claims in whole or in part or if he reduces the amount of claims.
Registration fee and costs of the case
When filing a claim, the applicant (plaintiff) must be ready to pay the registration fee. The amount of this fee is credited to the payment of the arbitration fee.
The costs of considering the case include the costs associated with the consideration of the case: travel expenses of arbitrators, payment of experts, transportation costs, etc.
Features of the consideration of the dispute by the IAC at the BelCCI
The dispute is considered, as a rule, in the premises of the IAC at the BelCCI, but another place for consideration of the dispute can be specified. The IAC at the BelCCI is not bound by the norms of the procedural legislation of Belarus.
Arbitrators and their rights
In the IAC at the BelCCI, the dispute is considered by one or three arbitrators, who were chosen by the parties from the list of arbitrators. The parties to a foreign economic agreement may choose an arbitrator and not from the list, but the presiding arbitrator must be an arbitrator from the list. A foreign citizen can be elected as an arbitrator. In this case, the party that elected him must pay an advance payment for the costs associated with the participation of such an arbitrator in the consideration of the case within 10 days from the date of election.
An agreement on a sole arbitrator must be reached within 30 days, otherwise the arbitrator will be appointed by the chairman of the IAC at the BelCCI. The case is handled confidentially.
A party to the dispute may request the IAC at the BelCCI for interim measures in respect of the subject matter of the dispute. These may be any measures that the party considers necessary. In this case, the arbitrators or the party to the dispute, with their consent, may apply to the Belarusian state court or the same court of a foreign state with a request to secure the claim or evidence.
Features of the IAC solution at the BelCCI
The IAC at the BelCCI considers the case and makes a decision no later than 6 months after the formation of the composition of the arbitrators. The arbitration makes a decision in writing and issues or sends it to the parties within a week. The decision of the IAC is mandatory for the parties. The decision can be enforced in accordance with the norms of international law, and on the territory of the Republic of Belarus – in accordance with the procedure established by the economic procedural legislation of the Republic of Belarus.
It is possible to appeal the decision of the IAC only by sending a petition to the Supreme Economic Court of the Republic of Belarus.
How we can be useful in representing interests in the IAC at the BelCCI
Our lawyers and attorneys are experienced specialists in the field of representing clients’ interests in the IAC at the BelCCI and speak English. We can:
- Advise on the issues of drafting an arbitration clause on the consideration of a dispute in the IAC at the BelCCI;
- Prepare a statement of claim for submission to the IAC at the BelCCI;
- By power of attorney, pay the registration and arbitration fee and submit a statement of claim to the IAC at the BelCCI;
- Assist in the selection of an arbitrator, experts, an interpreter for the consideration of the case in the IAC at the BelCCI;
- Prepare and submit to the IAC at the BelCCI a response to the statement of claim;
- Represent your interests during the consideration of the case in the IAC at the BelCCI;
- Provide assistance in appealing the decision of the IAC at the BelCCI;
- Assist in the execution of the decision of the IAC at the BelCCI.
Contact us
If you have any questions about representing interests in the IAC at the BelCCI, 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.
