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.
REGULATION
for the permanent Arbitration court
under the Economic disputes limited liability company.
CHAPTER 1. GENERAL PROVISIONS.
1. The Regulation of the permanent Arbitration court under the Economic disputes limited liability company (hereinafter – the Regulation) applies to disputes considered by the permanent Arbitration court under the Economic disputes limited liability company (hereinafter – the Arbitration court), only if the arbitration agreement provides otherwise.
2. The parties are not deprived of the right to establish rules of proceedings in the arbitration agreement that differ in whole or in part from this Regulation, but do not contradict the legislation of the Republic of Belarus regulating the issues of dispute resolution in arbitration courts.
3. The persons participating in arbitral proceedings, are recognized the parties and third parties.
4. The parties to the arbitration proceedings are legal entities, individual entrepreneurs and natural persons.
5. Third parties shall enter into arbitration proceedings only with the consent of the disputing parties. In addition to the consent of the parties, the consent of the person involved is also required to involve a third person in the proceedings. An application for the involvement of a third party may be submitted before the Arbitration court makes a decision. Consent to the involvement of a third party shall be expressed in writing.
6. The Arbitration court resolves disputes falling within its competence by the legislation of the Republic of Belarus on the arbitration court.
7. The Arbitration court accepts disputes for consideration if there is a separate arbitration agreement or an arbitration clause in the agreement.
8. The arbitration agreement is an agreement of the parties to submit all or individual disputes that have arisen or may arise from the legal relationship binding the parties to the Arbitration court.
9. The arbitration agreement is concluded in writing. It is considered concluded if it is contained in a document signed by the parties to the arbitration agreement, or concluded by exchanging messages using mail or other means of communication that provide a written record of the will of the parties, including sending a statement of claim and a response to it, in which, respectively, one party offers to resolve the dispute in the Arbitration court, and the other does not object to it.
10. A reference in the agreement to a document containing an arbitration clause is an arbitration agreement, provided that this agreement is concluded in writing, and the content of the reference makes such a clause part of the concluded contract.
11. Recourse to the Arbitration court does not require compliance with the preliminary procedure for dispute settlement by the parties, unless otherwise provided by law or agreement of the parties.
12. The Arbitration proceedings shall be conducted in Belarusian or Russian languages, unless the parties have agreed otherwise.
13. A party submitting documents and other materials not in the language of the arbitration proceedings shall ensure that they are translated by an official translator into the language of the arbitration proceedings.
14. All documents relating to the commencement and conduct of arbitral proceedings shall be submitted by the parties to the Court of Arbitration in a number equal to the number of parties involved in the case, unless otherwise determined by the chairman or the deputy chairman of the Court of Arbitration.
15. As a rule, arbitral proceedings shall be held at the place where the arbitral tribunal is located.
16. By agreement of the parties or on their own initiative, taking into account the circumstances of the case, including the factor of convenience for the parties, the Arbitration court may consider the case in a field session in another place.
17. The remuneration of the arbitrators shall be determined in accordance with the Schedule of remuneration of arbitrators of the permanent Arbitration court at the Economic disputes limited liability company approved by the Chairman of the Arbitration court by agreement with the Executive body of Economic disputes LLC and is based taking into account price the price of the claim, complexity of the dispute, time spent by arbitrators on the arbitration proceedings, and other circumstances related to the case. The Schedule of remuneration of arbitrators of the permanent Arbitration court under the company Economic disputes limited liability company is an integral Annex No. 2 of the regulation.
CHAPTER 2. COMPOSITION OF THE ARBITRATION COURT. TERMINATION OF THE ARBITRATOR’S POWERS.
18. The arbitral tribunal is formed by the arbitrators elected by the parties.
19. To resolve a dispute, an odd number of arbitrators shall be elected (appointed) from the List of arbitrators of the permanent Arbitration court under the Economic disputes limited liability company, which is Annex 1 to this Regulation.
20.A dispute shall be resolved by the arbitral tribunal consisting of one or three arbitrators. The number of arbitrators shall be determined by the parties in the arbitration agreement or, in the absence of such indication in the arbitration agreement, one arbitrator shall be elected (appointed).
If the dispute is to be resolved by the sole arbitrator, each of the parties to the arbitral proceedings shall choose three possible arbitrators - one main arbitrator and two substitute arbitrators. The arbitrator shall be the arbitrator chosen simultaneously by both parties.
If the dispute is to be decided by the arbitrator alone and the parties fail to elect the arbitrator within five days after one party has requested the other to do so, the dispute may be referred to a court.
21. If the parties have stipulated in the arbitration agreement for arbitral proceedings a collegial panel of arbitrators (three arbitrators), the formation of the arbitral tribunal for arbitral proceedings shall take place as follows:
- the claimant shall name the arbitrator chosen by him in the statement of claim; the respondent shall inform the court of his choice of the second arbitrator within 10 days from the day of receipt of the copy of the statement of claim; the two arbitrators thus chosen shall, within 5 days, elect the third arbitrator (Chairman of the panel), with the term for electing the third arbitrator (Chairman of the panel) being calculated from the day of the second arbitrator's election
- if within the specified term one of the parties has not elected the arbitrator or the two elected arbitrators do not elect the third arbitrator, the formation of the arbitral tribunal for arbitral proceedings shall be performed by appointment of the arbitrators by the Chairman of the Court of Arbitration.
22. If the parties to the arbitration agreement have elected two arbitrators (one of each from the plaintiff and the defendant), the two arbitrators so elected shall elect the third arbitrator.
23. If the parties indicated in the arbitration agreement that the dispute shall be settled by the arbitrator alone, but had not chosen an arbitrator, the Arbitration court invites the parties within 5 days to elect an arbitrator and if the parties did not elect him within a specified period, then the arbitrator is appointed by the Chairman of the Arbitration court.
24. Only a legally capable individual with sufficient training, conforming to the legislation of the Republic of Belarus claiming no interest in the outcome of the case and consent to the performance of the duties of the arbitrator may be elected (appointed) as an arbitrator. Arbitrators shall be independent of the parties who elected them.
25. An Arbitrator may be challenged if there are circumstances that raise reasonable doubts about his objectivity and impartiality, or if there is a direct or indirect interest in the outcome of the arbitration, or if his qualifications do not meet the requirements established by the legislation of the Republic of Belarus.
26. A party may challenge an arbitrator, in whose election it participated, only in connection with circumstances that became known to him after his election (appointment).
27. The person in the case of addressing him about a possible election (appointment) of the arbitrator is obliged to disclose circumstances that may cause reasonable doubts as to his objectivity, impartiality, independence or competence, as well as on the existence of other circumstances justifying his recusal.
28. The arbitrator shall promptly recuse himself or herself if the circumstances constituting the grounds for the refusal arise during the arbitral proceedings.
29. A written reasoned request for arbitrator disqualification shall be submitted by the party within five days from the day when he became aware of the circumstances that are the basis for arbitrator recusal.
30. The issue of arbitrator recusal shall be resolved by other arbitrators (members of the Arbitration court) within ten days from the date of receipt of a written arbitrator recusal from the party.
31. The issue of recusal of an arbitrator who resolves a dispute individually shall be resolved by the Chairman of the Arbitration court or his Deputy-Chairman, unless otherwise provided by the arbitration agreement.
32. The powers of the arbitrator shall be terminated:
- after the decision of the Arbitration court in a particular case;
- in connection with the recusal or self-disqualification of the arbitrator;
- if the arbitrator is unable to perform the duties of the arbitrator for a long time due to health reasons;
- in the case of arbitrator’s statement about exclusion from the List of arbitrators;
- in the event of the death of the arbitrator.
33. In the event of termination of the powers of the arbitrator before the decision of the Arbitration court on a particular case, another arbitrator shall be elected (appointed) in accordance with the rules that were applied when electing (appointing) the arbitrator to be replaced.
34. After the replacement of the arbitrator, the case is considered from the very beginning.
CHAPTER 3. INITIATION OF ARBITRATION PROCEEDINGS. PREPARATION FOR CONSIDERATION OF THE CASE.
35. The plaintiff sets out his claims in the form of a written statement of claim and attaches copies to it according to the number of persons participating in the case.
36. The date of filing a claim is the date of its delivery to the court, and when it is sent by post – the date of the postmark of the point of departure.
37. The statement of claim shall include:
- name of the Arbitration court;
- date of filing the claim;
- the name and location of legal entities that are the parties to arbitration proceedings, surnames, proper names, patronymics, place of residence (place of temporary residence) of individuals who are the parties to arbitration proceedings, as well as bank details of the parties (for legal entities, individual entrepreneurs);
- information about the concluded arbitration agreement;
- plaintiff's demands;
- the circumstances the plaintiff bases his demands, with a reference to the rules of law;
- evidence supporting the plaintiff's demands;
- the price of the claim, if the claim is subject to evaluation;
- a list of documents and other materials attached to the statement of claim.
38. The following documents are attached to the statement of claim:
- copies of documents confirming the competence of the Arbitration court to consider the dispute (a document containing an agreement on the submission of the dispute to the Arbitration court for settlement);
- documents confirming the circumstances the claim is based on;
- a statement indicating the name and surname of the elected arbitrator or a statement that the arbitrator (s) was appointed by the Chairman of the Arbitration court from the List of arbitrators of the Arbitration court, if these data are not specified in the statement of claim;
- a document confirming payment of the arbitration charge.
39. All documents relating to the commencement and implementation of arbitration proceedings shall be submitted in accordance with the requirements set out in paragraph 10 of this Regulation.
40. The statement of claim shall be signed by the plaintiff's or his representative. A statement of claim signed by a representative of the plaintiff shall be accompanied by a document confirming its authority.
41. When applying for a reduction of the arbitration charge, no further action shall be taken on the statement of claim, thereof the Arbitration court renders a determination. The determination is sent to the plaintiff within five days from the date of receipt of the claim.
42. If the reason for taking no further action on the claim is eliminated within the term established in the determination of the Arbitration court, the statement is considered filed on the date of its initial receipt in the Arbitration court.
43. If the plaintiff does not eliminate the reason that caused taking no further action on the claim, the Arbitration court returns the statement of claim and the documents attached to it within the period specified in the determination.
44. After the Arbitration court accepts the statement of claim, a copy of the statement of claim and the documents attached thereto shall be sent by the Arbitration court to the persons participating in the case within five days.
45. The statement of claim and the materials attached to it shall be returned to the plaintiff within five days after the Arbitration court accepts the statement of claim, if:
- there is no arbitration agreement between the parties or its invalidity has been established;
- the statement of claim directly affects the rights and legitimate interests of third parties who are not parties to the arbitration agreement;
- the claim is filed in an Arbitration court that is not provided for by the arbitration agreement;
- the statement of claim is signed by a person not authorized to sign it;
- the plaintiff filed an application to withdraw the claim from the Arbitration court;
- the proceedings of the same or another Arbitration court have a case on a dispute between the same parties, on the same subject and the same grounds;
- the arbitration fee has not been paid in full.
46. The arbitration agreement may stipulate other grounds for returning the statement of claim.
47. The return of the statement of claim does not prevent the plaintiff's repeated appeal to the Arbitration court with a claim against the same defendant, on the same subject and on the same grounds after the elimination of the circumstances that were the basis for its return.
48. The Arbitration court shall independently verify the existence and validity of the arbitration agreement and consider whether it has or does not have the competence to settle a particular dispute.
49. A party's statement on the lack of the Arbitration court competence may be made no later than the submission of objections to the claim.
50. The Arbitration court may postpone the consideration of the issue of whether it has the appropriate competence for a period of up to seven days.
51. The decision on whether the Arbitration court has the competence to settle a particular dispute is reflected in the determination on the initiation of arbitration proceedings.
52. When making a decision on the lack of competence of the Arbitration court to resolve a particular dispute, the Arbitration court issues a determination on refusal to settle the dispute, copies of which are sent to the parties. In this case, the plaintiff is returned his statement of claim, attached documents, and other materials.
53. After making a decision on the competence to settle a particular dispute, the Arbitration court issues a determination on the initiation of arbitration, notifies the parties of the time and place of the arbitration, invites the defendant to submit a written statement of defense and specifies the deadline for its submission.
54. The Chairman of the court (the composition of the court) or the sole arbitrator shall check the status of preparation of the case for proceedings, and if deemed necessary adopt additional measures for the preparation of the case. In particular, he requests written explanations, evidence, and other additional documents from the parties, if the court adopts additional measures to prepare the case, it has the right to set a time limit within which these additional requirements shall be met.
55. The composition of the Arbitration court shall consider the case and make a decision no later than three months from the date of providing a determination on the initiation of arbitration proceedings. A longer period of arbitration within one year may be established by the arbitration agreement.
56. The defendant has the right to submit a written statement of defense, stating his explanations on the claims made against it, as well as objections to the claim.
57. The statement of defense shall be sent to the plaintiff and the Arbitration court.
58. Defendant’s failure to provide a written statement of defense cannot be regarded as recognition of the claim and does not prevent the settlement of the dispute in the Arbitration court.
59. In the course of the arbitration proceedings, the defendant has the right to present a counterclaim to the plaintiff before the decision is made. The parties may agree on a different deadline for filing a counterclaim.
60. A counterclaim may be accepted for consideration by the Arbitration court provided that there is a mutual relation between the counterclaim and the main claim of the plaintiff and its consideration is provided for by the arbitration agreement.
61. A counterclaim shall meet the requirements set forth in this Regulation for the form and content of the statement of claim.
62. At the reasoned request of a party, the Arbitration court may require the other party to provide appropriate security that it may consider necessary in respect of the subject of the claim, if failure to take measures can complicate or make impossible execution of the decision of the arbitration court.
63. Subject to the procedure provided for by the legislation of the Republic of Belarus, a party may apply (request) to the court at the place of arbitration or the location of the property in respect of which measures may be taken to secure the claim.
64. A determination of the Arbitration court on the initiation of arbitration proceedings shall be attached to the application (request) for securing the claim.
CHAPTER 4. RECEIVING DOCUMENTS AND OTHER MATERIALS.
65. After a statement of claim has been filed, a court file shall be formed and the file shall be bound together in a folder. An internal inventory of documents in the case file shall be filed, which shall contain the names of all documents in the order in which they are received.
66. Additional documents and materials (responses to the statement of claim, counterclaims, notice of change of address, etc.) shall be attached to the case file as they become available. Their registration numbers, dates of receipt and titles (contents) shall be entered in the internal file inventory.
67. Where there is more than one set of volumes in a court file, an internal inventory shall be drawn up for each volume separately. One volume of the court file shall not exceed 300 pages.
68. At the end of the internal inventory of each volume, the number of sheets comprising the volume shall be indicated in figures and words. The internal inventory shall be certified by the Secretary of the Court of Arbitration, who shall state his name, date of certification of the internal inventory and give his handwritten signature.
69. When the record of a court hearing is drawn up using audio or video recording, electronic or other media shall be attached to the case file. Information on their availability shall be entered in the internal inventory of case documents.
70. After the hearing of the case and receipt of the award of the arbitral tribunal by the parties to the arbitral proceedings, the secretary of the arbitral proceedings shall file the documents in chronological order:
-she shall file the documents in chronological order: the decisions and correspondence preceding the court proceedings; all documents attached to the case file during the court proceedings in the order they were received; the minutes of the court session, verified and signed in due order; if the case was audio or video recorded, he shall attach them to the case file on an electronic medium; the arbitral tribunal's decision on the case. All documents shall be filed so that their text is fully visible. If there is no field for filing, the document shall be pasted without damaging the text on an auxiliary sheet;
-number the sheets of the case file;
-make and sign and date the internal inventory of documents in the file;
-file and submit it to the chairperson of the Court of Arbitration, who shall check the correctness of the file. 71.
71. A case examined by a permanent arbitral tribunal shall be stored in such arbitral tribunal for five years following the effective date of the award rendered thereon, unless the rules of the permanent arbitral tribunal stipulate a longer term.
74.A communication shall be deemed to be received on the day it is delivered or attempted to be delivered (handed over) to the recipient in accordance with these Regulations.
75.The parties shall notify the Court of Arbitration of any change in their postal address or e-mail address during the proceedings. In the absence of such notification, the documents shall be sent to the last known postal address or electronic mail details and shall be deemed delivered even if the addressee is no longer at that postal address or does not reside or use electronic mail with the specified details.
76.Documents are also deemed to be delivered where there is evidence that the addressee has refused to accept them or has not received them, although he has been notified of their arrival by the post office.
CHAPTER 6. CONSIDERATION OF THE CASE.
77.The operation of the Court of Arbitration is based on the principle of assisting the parties in reaching an amicable settlement.
78.At any stage of the proceedings the Arbitration Court shall take necessary measures to conciliate the parties and to facilitate the peaceful settlement of the dispute between the parties in whole or in part.
79.The parties in the arbitration proceedings have equal rights and obligations, they have equal opportunities to present their positions in the sessions of the Court of Arbitration in order to protect their rights and legal interests.
80.In the course of the arbitration proceedings the plaintiff has a right to amend or add a claim and the defendant has a right to raise objections against the claim.
81.Unless the parties have agreed otherwise, they shall be notified about the time and place of the arbitral proceedings not later than ten days before the sitting of the Court of Arbitration.
82.Failure to appear without a valid excuse of any party or its representative duly notified about the time and place of the arbitral proceedings shall not prevent the case from being examined on the merits. The case may be heard on the basis of the available evidence.
83.Unless the parties have agreed otherwise, the case shall be heard in camera and in such a manner as the arbitral tribunal considers necessary to ensure the rendering of a legal and reasoned decision.
84.Each party shall prove the circumstances on which it relies as a basis for its claims and objections.
85.The procedure of the examination of the evidence shall be determined by the Court of Arbitration. The Arbitral Tribunal shall directly examine all the evidence available in the case.
86.The Court of Arbitration is entitled to appoint a preparatory hearing to determine the sufficiency of the evidence presented before the arbitral proceedings. If during the preparatory hearing there is sufficient evidence for the Arbitral Tribunal to make a decision in the case being heard, the Arbitral Tribunal shall be entitled to end the preparatory hearing and proceed to the consideration of the merits.
87.The persons involved in the case may participate in the arbitral proceedings, including in the preparatory hearing, by using videoconferencing systems.
88.The arbitral tribunal hearing the case may refuse to use videoconferencing systems when hearing the case if it is not technically possible to participate in the hearing via videoconferencing systems
89.The arbitral tribunal hearing the case may adjourn the arbitral hearing in the event of technical failure of the videoconferencing systems.
90. The evidence presented in the hearing before the Court of Arbitration hearing the case that organises the videoconferencing shall be sent to the Court of Arbitration hearing the day following the day of the hearing at the latest.
91.The Court of Arbitration may, if it considers the evidence submitted to be insufficient, invite the parties to submit additional evidence.
92.The failure of the parties to submit documents and other materials to the Court of Arbitration without a valid reason shall not constitute an obstacle to the arbitral proceedings.
93.The Court of Arbitration upon the request of the parties (one of the parties) may appoint an expert examination to clarify the issues arising during the resolution of the dispute that require special knowledge. The parties shall submit to the Court of Arbitration the documents and other materials required for the expertise.
94.The funds necessary for conducting the expertise in the Court of Arbitration shall be paid in advance by the parties (one of the parties) having applied for its conducting, by paying (transferring) them to the expert (experts, specialist (specialists).
95.The expert (experts, specialist (specialists) as well as questions to be clarified during the expert examination shall be determined by the Court of Arbitration taking into account the opinion of the parties. The Court of Arbitration may on its own initiative or upon request of one of the parties involve an expert (specialist) in the arbitral proceedings in order to clarify issues related to the expert examination and the submitted expert report.
96. Unless the parties have agreed otherwise, the minutes of the session of the Court of Arbitration shall be taken. The person keeping the minutes shall be determined by the chairman of the Court of Arbitration. An audio record of the court hearing or a video record of the court hearing may be drawn up instead of the court record drawn up on paper.
97. The parties to the arbitral proceedings have the right to get acquainted with the minutes and within three days from the day of their signing may submit written comments about the minutes indicating the mistakes and incompleteness.
98.Comments on the protocol shall be considered by the Court of Arbitration within five days from the day of their submission. If the Adjudicator agrees with the comments, the Adjudicator shall issue a ruling to attach them to the minutes.
99.If the arbitral tribunal disagrees with the comments on the protocol, it shall determine their rejection.
100.The comments on the protocol and the Adjudicator's decision on their rejection shall be appended to the protocol.
101.In the absence of objections of the parties, audio or video recording of the arbitral proceedings shall be allowed, which, together with the minutes, shall be attached to the case file.
102.In the cases stipulated in these Rules and in other cases - regarding the issues to be resolved in the course of the arbitral proceedings and not affecting the merits of the dispute - the Court of Arbitration shall issue a ruling.
103.The ruling of the Court of Arbitration shall be in writing and shall be reasoned.
CHAPTER 7. END OF ARBITRATION PROCEEDINGS.
104. The Arbitration court, having examined the plaintiff’s claims, the defendant’s objections, the parties’ requests, the facts established in the course of the arbitration, documents and other materials, makes a reasoned decision. Only the Arbitration court that has considered the dispute can make a decision.
105. The decision shall be adopted by a majority vote of the arbitrators settling the dispute, and the operative part of the decision is announced at the session of the Arbitration court. The decision comes into force on the day of its adoption. The decision is handed over to the parties within fifteen days from the date of the announcement of the operative part of the decision, unless the parties have agreed on a different period.
106. At the request of the parties, the Arbitration court shall adopt a decision approving the settlement agreement. The content of the settlement agreement is set out in the decision of the arbitration court.
107. The decision of the Arbitration court shall be set out in writing and shall be signed by the arbitrator who settles the dispute individually, and in case of collective dispute settlement – by all the arbitrators who settle the dispute, or by the majority of such arbitrators, indicating good reasons for the absence of other arbitrators’ signatures.
108. The decision of the Arbitration court shall specify:
- name of the Arbitration court;
- date of the decision;
- place of the arbitration proceedings;
- composition of the Arbitration court and the procedure for its formation;
- name and location of legal entities that are parties to the arbitration, surnames, proper names, patronymics, place of residence (place of temporary residence) of individuals who are parties to the arbitration, as well as bank details of the parties;
- claims of the plaintiff and objections of the defendant, requests of the parties;
- the circumstances of the case established by the Arbitration court, evidence-based conclusions of the Arbitration court about these circumstances, the legislation that guided the Arbitration court in decision making;
- conclusions of the Arbitration court on the satisfaction or refusal to satisfy each claim, as well as the amount of expenses related to the arbitration, the procedure for distributing these costs between the parties, if necessary - the procedure and term for the execution of the Arbitration court decision.
109. The decision of the Arbitration court enters into legal force on the day of its adoption.
110. Within ten days from the date of receipt of the decision, any of the parties, having notified the other party, may request the Arbitration court to make an additional decision in respect of claims that it has filed, but have not been reflected in the Arbitration award. The arbitration court shall make an additional decision or refuse to satisfy the request within ten days from the date of its receipt.
111. Within ten days from the date of receipt of the decision, any of the parties, having notified the other party, may request the Arbitration court to clarify its decision in the event of its ambiguity. Within ten days from the date of receipt of the party's request, the Arbitration court shall issue a ruling on the explanation of the decision made by it, without changing its content, or refuse to explain the decision.
112. At the request of a party or on its own initiative, the Arbitration court may correct slips, misprints or arithmetic errors made in the decision of the Arbitration court, which is an integral part of the Arbitral award.
113. The arbitral tribunal shall terminate arbitral proceedings where
- the plaintiff waives his claims, unless the defendant objects to the termination of the arbitral proceedings because he has a legitimate interest in resolving the dispute on the merits;
- the agreement of the parties to terminate the arbitral proceedings
- a decision by the Court of Arbitration that it does not have jurisdiction to resolve a particular dispute and its ruling refusing to resolve the dispute
- the decision of the Court of Arbitration to approve an amicable settlement agreement;
- entry into legal force of a decision of the Court of Arbitration or of a court ruling in a dispute between the same parties, on the same subject matter and on the same grounds;
- liquidation of a legal entity, termination of an individual entrepreneur who is a party to the arbitration proceedings
- death of a natural person who is a party to arbitration proceedings or declaration of his missing.
114.The arbitral tribunal shall leave the claim without consideration in the following cases:
- the plaintiff withdraws the statement of claim after initiation of
- a claimant withdraws a statement of claim after the institution of the proceedings;
- a declaration that he is missing.
The arbitral tribunal shall issue a ruling on leaving the claim without consideration.
8. ARBITRATION PROCEEDINGS COSTS.
115. Arbitration proceedings costs consist of:
- arbitration charge – a fee charged for each claim submitted for a trial to cover general expenses related to the activities of the Arbitration court (in particular, remuneration to arbitrators, expenses for organizing arbitration proceedings, and others);
- additional costs of the Arbitration court – costs the Arbitration court incurs in connection with proceedings of a particular case (in particular, expenses of examination, remuneration of experts, interpreters, travel expenses, reimbursement of witnesses’ expenses and others expenses deemed necessary by the Arbitration court and related to the case);
- expenses of the parties – expenses incurred by the parties in connection with the protection of their interests during the arbitration proceedings, in addition to the expenses specified in the previous paragraphs of this subparagraph.
116. The amount of the arbitration fees is set out in the Appendix to these Rules and shall be approved by the Director of the Limited Liability Company Economic Disputes.
117. Payment of the full amount of the arbitration fee by the plaintiff is a prerequisite for the commencement of the proceedings.106. The arbitration charge is to be paid at the expense of the Economic disputes limited liability company. In this case, "Arbitration charge for the consideration of the dispute between" (the name of the plaintiff and the defendant) should be indicated in the Purpose of Payment of the payment order.
118. The arbitration fee shall be paid to the account of the limited liability company Economic Disputes. The payment order must state "arbitration fee for a dispute between (name of claimant and defendant)" in the "Purpose of payment" column.
119. If the claim contains several claims, the price of the claim is determined by the total amount of all claims.
120. If the claims against two or more defendants are combined in a single statement of claim, the price of the claim is determined in relation to each of them separately, if the liability is not joint and several.
121. When recalculating the claim price in foreign currency, the exchange rate of the National Bank of the Republic of Belarus on the date of filing the claim applies.
122. The size of the basic unit corresponds to the amount of the basic unit established by the Government of the Republic of Belarus on the date of filing a claim.
123. If the plaintiff has incorrectly determined the price of the claim, the arbitration court composition or the Chairman of the arbitration court in cases when the arbitration court composition is not formed, can update it on his own initiative or at the request of the defendant.
124. In case of termination of the case, the plaintiff is returned:
- 75% of the amount paid, if the proceedings are terminated before the establishment of the Arbitration court composition;
- 50% of the amount paid, if the proceedings are terminated after the establishment of the Arbitration court composition, but before its first session.
- 25% of the amount paid if the proceedings are terminated during or after the first session of the Arbitration court.
125. The ruling on a partial refund of the paid amounts shall be made by the Chairman of the Arbitration court.
126. The additional costs of the Arbitration court related to the proceedings, are made as advance payment of expected costs associated with the proceedings.
< 127. The amount of the advance payment determined by the Arbitration court shall be paid by the party, upon the request of which expenses will be paid to the Arbitration court’s account. If the costs are proposed to cover the actions performed on the initiative of the Arbitration court, the advance is paid by the parties in equal shares.
128. If the amount of the advance payment is not fully paid within the established time period, the Arbitration court shall give the parties additional time and explain that the additional payment of the corresponding amounts may be made by either party or both of them in any ratio.
129. In case of non-payment or incomplete payment of the advance payment within the additional period, the Arbitration court has the right to issue a ruling on the termination or suspension of proceedings on the case.
130. All amounts payable on the case are considered to have been paid on the day when they were credited to the Arbitration court account.
131. The procedure for allocating arbitration proceedings costs may be determined by the parties in the arbitration agreement. In the absence of the agreement between the parties on the cost allocation, the Arbitration court awards the party in favor of which the decision is made all the required costs incurred by it on the case from the other party. If the claim is partially settled, the costs are awarded to the plaintiff in proportion to the size of the satisfied claims, and to the defendant - in proportion to the part of the claims that was rejected.
132. Regardless of the outcome of the proceedings, the Arbitration court may impose the compensation for another party’s additional costs on the party, if these costs are caused by the evasion from providing testimony, giving false testimony, as well as any other unscrupulous actions.
133. The court composition may refuse to compensate in whole or in part the costs associated with the consideration of the case if it finds that they were excessive.
134. The cost of the services of a representative of the party in whose favor the Arbitration court decision was made and other arbitration proceedings costs, if they are recognized by the Arbitration court reasonable and necessary, may be imposed on another party according to the decision of the Arbitration court, if the demand for incurred cost compensation was claimed during the arbitration proceedings and granted by the Arbitration court.
135. The allocation of the costs shall be indicated in the arbitral award.
136. Excessively paid expenses shall be refunded to the payer on the basis of a ruling of the Chairman of the Arbitration court.
137. If the composition of the court decides during the proceedings that the Court has no competence in the case and the arbitration proceedings are terminated, the arbitration charge is returned to the payer in full.
138. The same rules on arbitration charges are subject to the counterclaim as to the original claim.
139. For carrying out their activities, arbitrators receive remuneration in the amount of 60% of the arbitration charge. In the collective consideration of the case, the Chairman ’s remuneration is 40% of the amount, the remuneration of judges – 30% of the amount.
140. If the dispute is complicated and the time spent by the arbitrator on settling the dispute is considerable, the arbitrators receive remuneration in the amount of up to 80% of the arbitration charge. In the collective consideration of the case, the Chairman ’s remuneration is 40% of the amount, the remuneration of judges – 30% of the amount.
CHAPTER 9. REVERSAL OF THE ARBITRATION COURT DECISION. EXECUTION OF THE ARBITRATION COURT DECISION.
141. The decision of the arbitration court may be appealed by a party to the arbitration proceedings according to the procedure established by the civil procedure or economic procedure legislation of the Republic of Belarus, by filing an application to the appropriate court for the reversal of the decision of the arbitration court. The application for the arbitration court decision reversal may be filed within three months from the date of receipt of the decision by the party requesting reversal.
142. The decision of the Arbitration court may be appealed and reversed if the party requesting the reversal of the arbitration court decision provides evidence that:
- the arbitration agreement is invalid in accordance with this Law;
- one of the parties was not properly notified of the time and place of the arbitration proceedings, or for other good reasons could not exercise its rights under part four of article 22 of The law of the Republic of Belarus On arbitration courts;
- the decision is made on a dispute not provided for by the arbitration agreement, or on issues beyond the scope of the arbitration agreement. If the decision of the arbitration court's findings on the issues covered by the arbitration agreement can be separated from those which fall beyond the scope of the arbitration agreement, only the part of the arbitral award, which contains conclusions on issues beyond the scope of the arbitration agreement, may be reversed;
- the composition of the arbitration court or the arbitration proceedings did not comply with the requirements of this Law, the regulation of the permanent arbitration court, the arbitration agreement;
- there are circumstances relevant to the case that were not and could not be known to one of the parties;
- the court verdict that has entered into legal force establishes knowingly false testimony of a witness, knowingly false expert opinion, knowingly incorrect translation, forged documents or material evidence resulted in the adoption of an illegal or unreasoned arbitral award.
143. The Arbitration decision is binding on the parties and enforceable in the manner and time established by the decision, or within three days from the date of its entry into force, if such a term is not established the award.
144. Enforcement of an award of the Court of Arbitration not executed voluntarily in due time shall be carried out in accordance with the procedure established by the legislation of the Republic of Belarus, and in the territory of foreign states - in accordance with the norms of international law.
Economic disputes LLC
Director
Belyavsky S. C.
PROVISION
of the permanent Arbitration court
under the LLC Economic Disputes
CHAPTER 1. GENERAL PROVISIONS.
1.1 This Provision defines the procedure for the organization and the activity of the Arbitration Court at the Economic disputes under the limited liability company.
1.2 The permanent Arbitration court under the LLC Economic Disputes (hereinafter referred to as the Arbitration court) is a permanent court for resolving disputes arising in the field of business and other economic activities between the parties that have entered into an arbitration agreement.
1.3 To the extent not agreed upon by the parties and not set out in these PROVISION, the Rules of Court of Arbitration and the law in force, the rules of arbitration shall be determined by the Court of Arbitration itself.
1.4 The rules of arbitration proceedings are determined by the arbitration agreement and shall not be contrary to the law. In the part not agreed by the parties, not defined by these Regulations, the Rules of the Arbitration court and the current legislation, the rules of arbitration proceedings are determined by the Arbitration court independently.
1.5 Name of the Arbitration court:
- in Russian - Третейский суд при Обществе с ограниченной ответственностью «Экономические споры». Abbreviated name of the Arbitration court in Russian - Третейский суд «Экономические споры».
- in Belarusian - Трацейскі суд пры таварыстве з абмежаванай адказнасцю «Экономические споры». Abbreviated name of the Arbitration court in Belarusian - Трацейскі суд «Экономические споры».
- in English - Arbitration Court under the LLC Economic Disputes. The abbreviated name of the Arbitration Court in English is Arbitration court «Eonomic disputes».
1.6 The Arbitration court is independent in settling disputes and operates under the Constitution of the Republic of Belarus, the law of the Republic of Belarus On Arbitration Courts, regulatory acts of the Chairman of the Republic of Belarus, international treaties of the Republic of Belarus and other legislative acts of the Republic of Belarus, the Rules of the permanent Arbitration court at the Economic disputes limited liability company (hereinafter – the Rules) and this Regulation.
1.7 The Arbitration court is a division of the Economic disputes limited liability company (hereinafter Economic disputes LLC).
1.8 The Court of Arbitration is established by the members of Economic Dispute LLC and is subject to incorporation in accordance with the legislation of the Republic of Belarus.
1.9 Location of the Court of Arbitration is determined by the place of registration of Economic disputes LLC: Grodno, 23 Kalyuchinskaya St., office 202 and is as a rule the place of its hearings.
1.10 The Arbitration court has a seal, stamps, and forms with the name of the Arbitration court. The Arbitration court does not have the rights of a legal entity and does not have its own settlement account. The company opens a bank settlement account for the Arbitration court.
1.11. Accounting, statistical reporting and other necessary documentation related to the activities of the Arbitration court is maintained by Economic disputes LLC.
1.12. Material and organizational support for the Arbitration court activities is provided by Economic disputes LLC.
1.13. The results of Arbitration court activities are recorded in the accounting statements of Economic disputes LLC separately by division.
1.14. Current and business accounting of the Arbitration court operating results is performed by Economic disputes LLC in accordance with the legislation of the Republic of Belarus.
1.15. Statistical, accounting and other forms of reporting are submitted by the Company to state bodies in accordance with the requirements of the legislation of the Republic of Belarus in the established forms and within the established terms.
CHAPTER 2. GOALS AND OBJECTIVES OF THE ARBITRATION COURT.
2.1 The Arbitration court is established to expeditiously settle disputes and ensure the effective legal protection of rights and legitimate interests of economic entities and citizens in the area of business (economic) activities, as well as in other areas, on the basis of principles of legality, independence and neutrality of arbitrators, competitiveness and equality the parties.
2.2 The Arbitration court settles disputes arising from the pursuit of the business (economic) activity.
2.3 The Court may also settle disputes in the area of other legal relations in accordance with the Rules of the Arbitration court and the legislation of the Republic of Belarus.
2.4 The task of the Arbitration court are:
- protection of violated or disputed rights and legitimate interests of legal entities and individuals in the area of business (economic) activities, as well as in other areas;
- promoting the formation of business customs and ethics, as well as the preservation and further strengthening of partnership business relations between the disputing parties;
- securing, organization and conduct of arbitration proceedings in the Arbitration court;
CHAPTER 3. PRINCIPLES OF ARBITRATION COURT ACTIVITY
3. The Arbitration Court operates on the following principles:
- legality, which means that in settling disputes arbitrators are guided by the norms of the Constitution of the Republic of Belarus, the Law of the Republic of Belarus "On Arbitration Courts" and other acts of legislation of the Republic of Belarus;
- the independence and impartiality of the arbitrators, meaning that the arbitrators are independent in resolving disputes and make decisions in a manner that excludes any influence on them;
- competitiveness and equality of the parties, meaning that the parties to the arbitration proceedings have equal rights and obligations;
- autonomy of the will of the parties, meaning that the parties have the right, by prior agreement with each other, to decide on the arbitration procedure for their dispute;
- confidentiality, meaning the parties to the arbitration proceedings are not entitled to disclose information that became known to them during the arbitration without the consent of the parties;
- compliance with the parties’ right to legal assistance;
- assistance to the parties in reaching a settlement agreement at any stage of arbitration proceedings;
- binding of the Arbitration court's decisions for the parties, meaning that the parties who have concluded the arbitration agreement assume the obligation to voluntarily execute the Arbitration court's decisions;
- the finality of the decisions made by the Arbitration court, meaning that they are not subject to appeal in the framework of arbitration proceedings;
- the arbitrators' activities are remunerated, which means that the arbitrators shall be entitled to a fee for their work in resolving the dispute. The remuneration shall be included in the arbitration fee payable by the parties. The activities of arbitrators are not entrepreneurial.
CHAPTER 4. FEATURES OF THE ARBITRATION COURT’S ACTIVITY
4.1. The operating procedures of the Arbitration court, the rules of arbitration, the List of arbitrators indicating the information established by the Law of the Republic of Belarus of July 18, 2011 No. 301-Z On Arbitration Courts is determined by the Provision of the Arbitration court and this Provision.
4.2. The Provision of the Arbitration court is approved by the Director of Economic disputes LLC and shall comply with the standard rules of the permanent arbitration court approved by the Council of Ministers of the Republic of Belarus.
4.3 The Court of Arbitration sends written notices to the Main Department of Justice of the Grodno Regional Executive Committee no later than ten days from the day of making changes to the Rules of the Court of Arbitration when the details of the arbitrators included in the List of Arbitrators are changed.
4.4. The arbitration proceeding is aimed at resolving disputes to protect the legally protected rights and interests of legal entities and individuals in the civil area; high speed and cost effectiveness of the dispute resolution procedure; maintaining business and partnership relations between the parties to the dispute, despite their differences.
4.5. The Arbitration court shall take measures to reconcile the parties and assist them in resolving the dispute by entering into a settlement agreement.
4.6. At the parties’ request, the Arbitration court decides to approve the settlement agreement, if it is not contrary to the law and does not violate the rights and legitimate interests of other persons.
4.7. The content of the settlement agreement is set out in the Arbitration court’s decision.
4.8. The issue of Arbitration court’s jurisdiction in a specific dispute is decided solely by the Arbitration court’s composition considering the particular dispute.
4.9 To recourse to the Arbitration court, the parties do not need to comply with the preliminary procedure for dispute settlement, unless otherwise provided by law or parties’ agreement.
4.10 A dispute may be submitted to the Arbitration court for settlement if there is an arbitration agreement concluded between the parties on the submission of the dispute to the Arbitration court (arbitration agreement). The arbitration agreement is concluded in writing in the form of a separate agreement of the parties on the submission to the appropriate arbitration court of all or individual disputes that have arisen or may arise from the legal relationship binding the parties, or in the form of an arbitration clause - a separate provision contained in the contract.
4.11. As agreed by the parties, the arbitration agreement can be amended and (or) added, as well as the arbitration agreement may be terminated. Unilateral withdrawal from the arbitration agreement is not allowed.
4.12. The Arbitration court’s invalidation of the agreement or other document containing the conditions for the submission of the dispute (disputes) of the parties to its consideration shall not entail the invalidity of the arbitration agreement.
4.13. The person that concluded the arbitration agreement, is not entitled to terminate it unilaterally.
CHAPTER 5. STRUCTURE OF THE ARBITRATION COURT.
5.1 The arbitral tribunal consist of the chairman, deputy chairmen, arbitrators and the apparatus of the tribunal.
5.2 The structure of the arbitration court is approved by the order of the Director of Economic disputes LLC.
CHAPTER 6. CHAIRMAN AND DEPUTYCHAIRMANS OF THE ARBITRATION COURT
6.1 The Chairman of the Arbitration Court is appointed by the Director of Economic disputes LLC and acts on the basis of this Provision and a power of attorney issued by the company.
6.2 The Chairman of the Arbitration court shall have higher legal education and experience in the legal profession for at least ten years. The Chairman of the Arbitration court is appointed by the Director of Economic disputes LLC from the among of judges of the Arbitration court.
6.3 The Chairman of the Arbitration court has the right to delegate the commission of actions he is authorized by a power of attorney to another person in compliance with the rules provided for by the Civil code of the Republic of Belarus.
6.4 The Chairman of the Arbitration court is personally responsible for the execution of decisions of the company's management bodies concerning the activities of the Arbitration court.
6.5 The competence of the Chairman of the Arbitration court includes:
- organizing dispute settlement activities in accordance with the Rules and this Regulation;
- representing the Arbitration court in its relations with legal entities and individuals, as well as institutions and organizations in the Republic of Belarus and abroad;
- taking part in court proceedings as an arbitrator;
- defining the person taking the arbitration minutes;
- certifying Arbitration court decisions’ copies;
- forming the composition of the Arbitration court in accordance with the procedure established by the Rules, this Provision and arbitration agreements;
- monitoring the activities of the Arbitration court;
- monitoring the execution of Arbitration court decisions;
- organizing expert estimate (assessment of specialists);
- generalizing the practice of dispute resolution by the Arbitration court;
- preparing and reviewing draft internal documents related to the activities of the Arbitration court;
- exercising other authorities provided for by the Regulations and this Provision.
- providing training and retraining of staff, advanced training of Arbitration court employees.
- approving duty instructions of Arbitration court employees as agreed upon with the Director of Economic disputes LLC.
6.6 The Chairman of the Arbitration court shall be entitled to attend meetings of the Arbitration court;
6.7 The Chairman of the Arbitration court has the right to have a deputy chairmen, the number and duties of whom is defined by the Chairman of the Arbitration court as agreed upon with the Director of Economic disputes LLC. The deputy chairmen of the Arbitration court is appointed from among the judges of the Arbitration court, shall have higher legal education and at least five years of experience in the legal profession.
6.8. The division of duties between the Deputy Chairmen of the Court of Arbitration is carried out by the Chairman of the Court of Arbitration in agreement with the Director of Economic Disputes LLC.
6.9. The Deputy(s) Chairman of the Court of Arbitration performs the duties of the Chairman of the Court of Arbitration as instructed by these Rules and the Rules of Arbitration. The Chairman of the Court of Arbitration is authorised to make any decisions and perform any actions attributed to the competence of the Deputy Chairmen of the Court of Arbitration.
6.10. The powers of the chairman and the deputy chairman of the Court of Arbitration may be prematurely terminated in the following cases
- due to the revealed incompliance of the Chairman of the Court of Arbitration with the requirements set out in these Regulations as well as in the Law of the Republic of Belarus "On the Courts of Arbitration",
- in connection with the application of the Chairman, the Deputy Chairman of the Court of Arbitration for early termination of his/her powers.
6.11. The Director of Economic disputes LLC shall employ and dismiss the Chairman of the Arbitration court, his Deputy Chairman in accordance with the labor legislation of the Republic of Belarus.
CHAPTER 7. ARBITRATORS
7.1 The list of arbitrators of the permanent Court of Arbitration of the Limited Liability Company Economic Disputes (hereinafter the List of Arbitrators) is approved by its Chairman. The list of arbitrators shall be an appendix to the Rules of the Court of Arbitration.
7.2 The candidate for the List of Arbitrators shall submit to the Court Chairman an application for inclusion into the List of Arbitrators with a questionnaire of the prescribed form (Appendix to the present Regulations), documents confirming the candidate's professional competence, two letters of recommendation from the permanent arbitrators of the Economic Disputes limited liability company or information about a substantial contribution into the development of jurisprudence (scientific articles, comments to legal provisions, holding seminars, etc.)
7.3 Consideration of the application to be included into the List of the Arbitrators is performed as soon as applications are received, but not less than once a quarter. Formation of the Court of Arbitration to settle a particular dispute is performed by the parties (the Chairman of the Court of Arbitration, and in his absence - by the Deputy Chairman) in accordance with the Law of the Republic of Belarus "On the Courts of Arbitration", the Rules, these Regulations and the arbitration agreement.
7.4 The requirements imposed on the arbitrators of the Court of Arbitration are established by the Law of the Republic of Belarus "On the Courts of Arbitration" and these Regulations. Additional requirements imposed on the arbitrators may be determined by the Rules of this Court of Arbitration.
7.5. Only a capable natural person having sufficient professional training that meets the requirements set forth by the legislation of the Republic of Belarus, who is not interested in the outcome of the case and who has agreed to perform the duties of an arbitrator can be elected (appointed) as an arbitrator. Arbitrators shall be independent of the parties that have elected them.
7.6. An arbitrator deciding a dispute unilaterally shall have a higher legal education and a work experience in the legal profession of not less than three years. In the case of a collegial dispute resolution, the chairman of the arbitral tribunal shall have a higher legal education and at least three years of work experience in the field of law and the other arbitrators shall have any higher education and at least three years of work experience in the relevant field.
7.7 An arbitrator may not be a natural person:
- who is a civil servant, including a person who exercises the powers of a judge in a court of law;
- A person duly recognised as legally incapable or having limited active legal capacity;
- Has a criminal record;
- whose authorities as a court judge, prosecutor, internal affairs officer, state security officer, border service officer, employee of the State Control Committee of the Republic of Belarus, tax and customs authorities, other public servant, private notary, attorney were terminated in the manner prescribed by legislative acts of the Republic of Belarus on the grounds related to commission of offences incompatible with his professional activities - within three years from the date of his admission to the court.
7.8 The additional requirements imposed on the arbitrators can be determined by the rules of the Court of Arbitration or by the arbitration agreement.
7.9. The arbitrators and chairmen of the arbitration tribunals dealing with the particular disputes shall be elected (appointed) only from the persons included in the List of Arbitrators.
7.10. The arbitrators are included in the List of the arbitrators and are removed from the said List on the basis of the decision of the chairman of the Court of Arbitration by making the corresponding changes to the List of the arbitrators.
7.11. The Arbitrators of the Court of Arbitration shall not be included in the staff of the Economic disputes Ltd. with the exception of the Chairman, his/her deputies as well as the Arbitrators who at the moment of their inclusion into the List of the Arbitrators were already in the employment relations with the Economic disputes LLC. Attraction for consideration of disputes as judges of other persons, who meet the requirements to the arbitrators, not being on the staff of the LLC "Economic disputes", is carried out by concluding with them of the corresponding one-time agreements.
7.12. The authority of the Adjudicator may be prematurely terminated by the decision of the Chairman of the Court of Arbitration in the following cases
- in connection with the revealed incompliance of the Adjudicator with the requirements set out in these Regulations,
- in connection with the application of the Adjudicator on the early termination of his/her powers
- in the case of dishonest performance of his/her duties, including refusal without a valid reason to participate in the court session or failure to appear at the court session;
- in case of disclosure of information about the disputes settled by the Court of Arbitration;
- confirmation of a new list of arbitrators of the Court of Arbitration;
- other grounds stipulated by the Law of the Republic of Belarus "On the Courts of Arbitration".
CHAPTER 8. EXECUTIVE SECRETARY OF THE ARBITRATION COURT. TECHNICAL STAFF.
8.1. The Executive Secretary of the Arbitration court is appointed by the Director of Economic disputes LLC on the proposal of the Chairman of the Arbitration court.
8.2. The Secretary of the Arbitration court organizes the office work related to the activities of the Arbitration court, ensures that the parties are sent documents on the case, and keeps the minutes of the court session.
8.3. Secretaries of arbitral proceedings, the staff of the Arbitration court are appointed by the Director of Economic disputes upon the recommendation of the Chairman of the Arbitration court and are subject to its orders as necessary. The distribution of official duties of the Secretary and other employees of the Arbitration court is carried out by its Chairman.
8.4. The Executive Secretary and technical staff shall have the necessary special knowledge of the subject matter of disputes under the jurisdiction of the Arbitration court and shall keep information about disputes considered by the Arbitration court confidential.
CHAPTER 9. EXPENSES RELATED TO ARBITRATION PROCEEDINGS
9.1. Expenses related to arbitration proceedings consist of:
- arbitration charge – a fee charged for each claim submitted for trial to cover general expenses related to the activities of the Arbitration court (in particular, remuneration to arbitrators, expenses for organizing arbitration proceedings, and others);
- additional expenses of the Arbitration court – costs the Arbitration court incurs in connection with proceedings of a particular case (in particular, costs of expert evidence, remuneration to experts, interpreters, travel expenses, reimbursement of witnesses’ expenses and others deemed necessary by the Arbitration court and related to the case);
- expenses of the parties – expenses incurred by the parties in connection with the protection of their interests during the arbitration proceedings, in addition to the expenses specified in the previous paragraphs of this subparagraph.
9.2. The amount of the arbitration charge is approved by the Director of Economic disputes LLC.
9.3. Before the filing of the statement of claim, the plaintiff shall pay the arbitration charge.
9.4. In case of absence of proof of payment of the arbitration fee, the submitted claim shall be returned to the claimant.
9.5. The arbitration charge and additional expenses paid by the parties are credited to the account of the Economic disputes limited liability company.
9.6. The Arbitration charge is paid in Belarusian rubles, and if the plaintiff is located outside the Republic of Belarus – in US dollars or euros.
9.7. Upon presentation of claims in different currencies conversion of foreign currencies in determining the cost of action in Belarusian rubles for the purposes of arbitration charge payment shall be paid at the rate of the National Bank of the Republic of Belarus prevailing on the date of filing of the statement (stamp of the communication authority on the envelope).
CHAPTER 10. THE PROTECTION OF CONFIDENTIAL INFORMATION
10.1. Arbitrators and court officials who, due to their duties, become aware of confidential information, including commercial or banking secrets of those involved in the case, may not disclose the information they have become aware of without the consent of the parties.
CHAPTER 11. SENDING AND DELIVERY OF DOCUMENTS
11.1. The Arbitration court shall ensure that all necessary documents on the case are sent to the parties and other persons. They are sent to the postal and email addresses specified by the parties. Notices are sent no later than ten days before the session of the arbitration court, in such a way that the parties to the dispute had the necessary time to prepare for the case and appear in the Arbitration court in a timely manner, unless the parties agreed otherwise.
11.2. The Arbitration court has the right to notify the parties to the dispute by telephone, telegram, fax, world wide web Internet, including e-mail, as well as using other means of communication that ensure the recording of the fact of notification or call according to the procedure established by law.
11.3. Any of the above documents may also be delivered personally to a party upon receipt.
11.4 Documents sent by the Court of Arbitration shall be deemed to have been served and the parties to the dispute shall have been duly notified if the Court of Arbitration has evidence that the addressee has received a copy of the notice, including by email, by the beginning of the hearing or the performance of the individual act.
CHAPTER 12. RECEIVING WRITTEN MESSAGES
12.1. Unless otherwise agreed by the parties, any written message shall be deemed received if
- there is evidence of its delivery by the postal service authority;
- there is evidence of its delivery by e-mail (electronic confirmation of delivery to the address specified by the party);
- the addressee refused to receive a copy of the court order, notification and such refusal is documented;
- the addressee did not appear to receive a copy of the court order or notice sent to him by the Arbitration court, according to the established procedure, as reported by the communication body;
- a copy of the court decision or notice sent by the Arbitration court to the last known location
of the legal entity, organization that is not a legal entity, place of residence of an individual entrepreneur or citizen, was not handed over due to the absence of the addressee at the specified address, as reported by the communication body.
CHAPTER 13. ORGANIZATIONAL SUPPORT OF THE ARBITRATION COURT ACTIVITIES
13.1 Organizational support for the activities of the Arbitration court is provided by the Economic disputes limited liability company.
13.2 Organizational support for the activities of the Arbitration court means:
- providing comfortable working conditions for the court, participants and parties to arbitration proceedings;
- providing the court with the necessary premises, transport, office equipment, communication facilities, other equipment and materials, municipal resources (water supply, heating, sewerage, household waste management), and other representative attributes.
- organizing the exchange of documents and materials between the parties to the arbitration, the arbitrators and the arbitration court;
- assisting and carrying out instructions of the Chairman of the Arbitration court, the Secretary and arbitrators in arbitration proceedings and meetings of the Arbitration court;
- records management;
- creating conditions for storing cases considered in the arbitration court.
13.3 Material and technical support of the arbitration court with the necessary premises, transport, office equipment, communication facilities and other equipment is provided by LLC Economic disputes.
13.4 Storage of cases considered by the Arbitration court is carried out within five years from the date of entry into force of the decision made on it according to the procedure established under article 43 of the law of the Republic of Belarus On arbitration courts.
CHAPTER 14. TERMINATION OF THE ARBITRATION COURT
14.1. The Arbitration court will terminate its activities by the decision of the participants of Economic disputes LLC. Upon termination of the Arbitration court’s activity, Economic disputes LLC within a month sends an application for deregistration of the Arbitration court with a copy of the decision to terminate its activities to the Main Department of Justice of the Grodno Regional Executive Committee.
14.2. Upon liquidation of the Arbitration court, the Charter shall be amended accordingly.
Arbitration charges ,
paid for resorting to the permanent arbitration court under
the Economic disputes limited liability company.
1. When resolving disputes the arbitration charge is calculated in the following amounts:
| Name of actions for the arbitration charge is charged for | Arbitration charge rates |
|---|---|
| 1. Consideration of property claims at the price of the claim: | |
| 1.1. to 100 basic units | 5 basic units |
| 1.2. from 100 to 1000 basic units | 4 percent of the claim price, but not less than the amount established by sub-clause 1.1 of this clause |
| 1.3. from 1000 to 10 000 basic units | 4 percent of 1000 basic values plus 2 percent of the amount exceeding 1000 basic units |
| 1.4. from 10 000 basic units and more | 0,8 percent of the claim price, but not less than the amount established by sub-clause 1.3 of this clause |
| 2. Consideration of a non-property claim filed: | |
| 2.1. a legal entity | 14 basic units for each claim |
| 2.2. an individual entrepreneur | 7 basic units for each claim (act) |
| 3. Рассмотрение искового заявления по спорам, связанным с заключением, изменением или расторжением договора, о признании договора незаключенным, о признании сделки недействительной, об установлении факта ничтожности сделки, подлежащего рассмотрению | 14 basic units |
| 4. Issuance of duplicates and copies of documents by the arbitration court | 0,2 basic units and, in addition, 0.03 of the basic value for each page produced |
2. The arbitration charge established for property claims and the arbitration charge for non-property claims shall be paid (summed up) for a statement of claim containing both property and non-property claims.
3. If the claim price is expressed in a foreign currency, its price is converted into Belarusian rubles at the exchange rate of the National Bank of the Republic of Belarus on the date of filing the claim.
4. The payment of the state fee is made in Belarusian rubles or euros at the exchange rate of the National Bank of the Republic of Belarus on the date of filing the claim.
5. The amounts of the arbitration charge and additional expenses due to the arbitration court shall be considered paid on the day they are credited to the settlement account of the Economic disputes limited liability company.
6. When paying, the payment purpose column shall indicate arbitration charge for the consideration of a dispute between (the name of the plaintiff and the defendant)".
7. The сosts of the bank transfer of the arbitration charge and additional expenses amount shall be borne by the party making the corresponding payment
Payment details for the arbitration fee:
|
The list of arbitrators of the Economic disputes Arbitration court
| Name | Bialiauski Siarhei |
|---|---|
| Date of birth | 24.10.1977 |
| Education | Higher legal, economic, Yanka Kupala State University of Grodno, Belorussian state economic university |
| Specialty | legal studies |
| Last job | Economic disputes LLC |
| Total work experience | 29years |
| Work experience by profession | 24 years |
| The scope of arbitrator’s competence | Economic disputes arising from all types of business contracts, damages, real estate, corporate ones, as well as arising from foreign economic and investment activities, activities in the field of information technology and intellectual property. |
| Name | Vashchyla Dzmitry |
|---|---|
| Date of birth | 09.06.1922 |
| Education | Higher legal, BIP - University of Law and social-information technologies |
| Specialty | legal studies |
| Last job | Economic disputes LLC |
| Total work experience | 15 years |
| Work experience by profession | 9 years |
| The scope of arbitrator’s competence | Economic disputes arising from all types of business contracts, damages, real estate, corporate ones, as well as arising from foreign economic and investment activities, activities in the field of information technology and intellectual property. |
| Name | Matsiuk Sergey |
|---|---|
| Date of birth | 21.12.1979 |
| Education | Higher legal, Belarusian State University |
| Specialty | legal studies |
| Last job | Economic disputes LLC |
| Total work experience | 23 years |
| Work experience by profession | 13 years |
| The scope of arbitrator’s competence | Economic disputes arising from all types of business contracts, damages, real estate, corporate ones, as well as arising from foreign economic and investment activities, activities in the field of information technology and intellectual property. |
| Name | Samoilo Nikolay |
|---|---|
| Date of birth | 10.01.1972 |
| Education | Higher legal, Yanka Kupala State University of Grodno |
| Specialty | legal studies |
| Last job | Economic disputes LLC |
| Total work experience | 31 years |
| Work experience by profession | 24 years |
| The scope of arbitrator’s competence | Economic disputes arising from all types of economic legal relations, disputes from causing harm, losses, unjustified enrichment, insurance. |
| Name | Tabala Natalia |
| Date of birth | 11.07.1981 |
| Education | Yanka Kupala State University of Grodno |
| Specialty | legal studies |
| Last job | Economic disputes LLC |
| Total work experience | 24 years |
| Work experience by profession | 13 years |
| The scope of arbitrator’s competence | Economic disputes relating to supply, lease and freight forwarding contracts, as well as disputes relating to damages, real estate, corporate disputes and disputes arising from foreign economic activity |
| Name | Brazaitys Siarhei |
| Date of birth | 01.01.1978 |
| Education | Yanka Kupala State University of Grodno |
| Specialty | legal studies |
| Last job | Economic disputes LLC |
| Total work experience | 23 years |
| Work experience by profession | 10 years |
| The scope of arbitrator’s competence | Resolution of disputes, regulated by the rules of civil legislation. |
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