Adjudication of international disputes
If a dispute is international, and it must be decided whether to choose the International Arbitration Court of the BelCCI or a concurrent foreign body for conflict settlement, the following should be considered.
The IAC of the BelCCI and other international arbitration courts follow a similar procedure of the consideration of economic disputes, for this procedure is regulated by national laws, which generally correspond to a common model – The UNCITRAL Model Law on International Commercial Arbitration (adopted by the UN Commission on International Trade Law, 1985). The Belarusian law "On International Arbitration Court" is also based on this document.
The judges to consider international disputes are chosen by the parties involved and the choice list is comprised not only of the best Belarusian lawyers, but also of famous international specialists (from England, Germany, Poland, Russia, etc.). Therefore the quality of dispute resolution provided by the IAC of the BelCCI is estimated to comply with international standards.
The costs of case examination carried out by the IAC of the BelCCI are considered to be among the lowest in the world. A reference to a foreign arbitration may appear to be a lot more expensive.
The IAC of the BelCCI is located in Minsk, that is namely at the intersection of 2 routes: from Western Europe to the CIS, and from north to south. Thus, the location is convenient for consideration of the disputes between two foreign parties (for example, the petitioner is from Ireland, and the defendant - from Russia or Kazakhstan, the petitioner is from the Ukraine, and the defendant - from Latvia). Particularly in such cases, the parties’ travel expenses can be reduced.
Normally, it takes no longer than 6 months, since the date of the arbitral tribunal constitution, for the IAC of the BelCCI to start a case consideration. The waiting period might be considerably reduced in case the petitioner covers all the expenses for the special delivery of judicial documentation to both parties.
According to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 the judgments passed by the IAC of the BelCCI are recognized and enforced in 140 foreign countries. The composition of the court includes the information and counseling center, where one can get the information about the court judgments execution procedure and receive help in drawing the set of corresponding documents, services provided free of charge.
It’s common knowledge, that it’s only possible to address an International Court of Arbitration when parties have reached an agreement to refer the dispute (even a domestic one) for consideration to this particular court. Usually the agreement takes the form of an arbitration clause, which is included into the contract as one of its conditions.
The IAC of the BelCCI has developed and recommends the following arbitration clause to be included into civil contracts: "Any disputes, controversies or claims that may arise out of this agreement or in connection with it, including those related to its change, cancellation, execution, invalidity or interpretation shall be referred to the IAC of the BelCCI, as consistent with its rules of procedure”.
An agreement to submit the dispute to the IAC of the BelCCI, enclosed in a separate document or reached as a result of letters, telegrams or faxes exchange, is similar in its content. A clause (an agreement) may include conditions of the applicable law, the requirements for arbitrators, which are the number of arbitrators, the requisite conditions of the place of hearing, the language of proceedings, as well as other terms and conditions.
If you failed to prove the sustainability of referring the case to the IAC of the BelCCI to the contractor, compromise can be reached by replacing the last utterance with the following: "... to be considered by the IAC of the BelCCI or (fill in the name of the court, proposed by the contractor) at the petitioner’s option." If the above mentioned option is adopted, in case of necessity, you can submit your claim to the IAC of the BelCCI, and your partner – to the court of his choice.