Arbitration and resolution of economic disputes
The questions concerning the establishment and activities of the Arbitration Court (Tribunal) in the Republic of Belarus are regulated by Law of the Republic of Belarus of July 9, 1999 On the International Arbitration Court (Tribunal), other legislation of the Republic of Belarus, and the international agreements of the Republic of Belarus. The specified Law provides for the establishment of the International Arbitration Court – a permanent arbitral (tribunal) institution for the settlement of arbitral disputes, or the Tribunal body specially formed by agreement of the arbitrating parties outside the permanent arbitral (tribunal) institution for the settlement of a separate dispute.
The primary task of the International Arbitration Court is an efficient and duly resolution of disputes subject to its jurisdiction. The International Arbitration Court also enables the development and increase in efficiency of the foreign economic activities of legal entities and individual businessmen.
By agreement of the parties the International Arbitration Court may arbitrate civil and legal disputes between any legal subjects arising out of foreign trade and other kinds of international economic relations in case the location or residence of at least one of them is beyond the borders of Belarus, and also other disputes of economic character in case the agreement of the sides stipulates the transfer of the dispute for the resolution of the International Arbitration Court and in case it is not prohibited by the legislation of the Republic of Belarus.
At the same time, the Economic Procedural Code of the Republic of Belarus of December, 15, 1998 (in the edition of the Law of Belarus of August, 6, 2004) (hereinafter referred to as “the Code”) is the basic legislative act regulating the procedure of economic disputes resolution.
The code establishes the main principles of legal proceedings in the economic court, the requirements to the structure of the economic court, the competence of the economic court, thejurisdiction of cases to the economic courts,cognizance of cases to the economic courts, and also regulates the procedure of settlement of various categories of disputes in the economic courts of the first instance, appeal instance, cassation instance, by way of supervision and other questions.