Arbitration court

What is Arbitration court

Arbitration court is similar to the process in the public economic court except that the parties choose a judge from the judge register of the Economic disputes arbitration court on their own. Moreover, the arbitration court’s decision is final, and this is its major difference from the public one. Arbitration court’s decisions are not subject to appeal and can be subsequently enforced by court officers.

Arbitration proceedings allow the parties to choose the most experienced lawyer as a judge on their own. The judges of the Economic disputes arbitration court are highly experienced lawyers with wide experience of law practice in various fields. The parties agree in advance that the decision of the arbitrator they choose is binding on both parties. The court is headed by the President, judge of the arbitration court Sergey Cheslavovich Belyavsky, an experienced lawyer with more than 10 years of experience as a judge of the economic court, a member of the Lawyers’ Union, an author of 5 books, numerous publications in the periodical media on the case law of economic disputes, a co-author of comments on the Civil and Economic procedure codes of the Republic of Belarus.

As soon as the judge is approved and the documents are submitted to the court, the case hearing starts. Proceeding in the Economic disputes arbitration court takes place according to the rules established in the Rules of the court. These rules are similar to the rules set out in the Economic procedure code of the Republic of Belarus. There is a claim, a statement of defense, requests, proving, questioning of witnesses, examinations, debates, going to the jury room, etc.

After the announcement, the decision enters into force immediately and is not subject to further appeal.

The decision enforcement is carried out by a court order issued by an economic court based on the arbitration court’s decision. This court order is no different from the court orders of public economic courts.

Advantages of the arbitration court

Confidentiality is one of the key aspects of the Arbitration court. Because state courts are public, information about your business and personal affairs becomes publicly available. Arbitration proceedings are always conducted in private and are made public only with the explicit consent of both parties. The decisions of the arbitration court are not a public document. This type of court is perfect for corporate disputes.

The opportunity to choose a judge with special experience is particularly important in corporate disputes. In addition, an arbitration court is often preferable in disputes involving foreign economic transactions, since all parties may not be familiar with the rules and procedures of the foreign court system, which puts them at a disadvantage. The arbitrators are fluent in English, German, and Polish. The hearing can be conducted without interpreters.

Hearing a case in an arbitration court is much faster than in a public court. Disputes in public courts often cannot be settled for months or even years due to prolonged appeals. In the Economic disputes arbitration court, claims are considered for 2 months maximum. Also, the parties can choose a comfortable place and time for dispute settlement - in the courtroom of the arbitration court or at an off-site meeting.

The procedure for proceedings in an arbitration court is similar to the economic court but is not so formalized. That is why the court costs in the Economic disputes arbitration court are 20% lower than the state duty in the public economic court.

How to start an arbitration proceeding

To settle a dispute in our Economic disputes arbitration court, the parties must sign an arbitration agreement or include an arbitration clause in the contract, as well as pay the arbitration charge when filing a claim.

The arbitration agreement can be signed both before and after recourse to a public court, i.e., even after recourse to a public court, you can abandon the claim and submit it to the Economic disputes arbitration court.

If you want to get an executive document 2-3 times faster, pay a lower state duty, as well as get the right to choose a judge and the guarantee of a qualified and objective dispute settlement (without the right to appeal the decision), then submitting the disputes to the Economic disputes arbitration court will be a reasonable and profitable step for you and your clients.

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