Cross-Brade Trade and Enforcement of Foreign Judgments in France and Belarus: A Practical Guide for Business

Doing business across borders always carries a hidden risk. You sign a contract with a French company, deliver the goods, but payment never arrives. Or perhaps you win a court case in France, but the debtor’s assets are located in Belarus. What happens next? The answer lies in two complex but essential legal concepts: recognition and enforcement of foreign judgments.

France is one of the world’s largest economies and a major trading partner for many businesses. Meanwhile, Belarus, with its strategic location in the Eurasian Economic Union, offers unique market access. Understanding how these two jurisdictions interact – legally speaking – is crucial for anyone involved in international trade.

This guide will walk you through the practical aspects of international trade with France and the legal pathways to enforcing a judgment across these borders. We’ll focus on the rules in France for enforcing foreign judgments, the procedures in Belarus under the new 2026 Civil Procedure Code, and the critical distinctions between court judgments and arbitral awards.

International Trade with France: A Quick Legal Landscape

When trading with France, the first thing to understand is that French law generally respects contractual freedom. However, it imposes strict rules on certain areas, particularly consumer protection and labor law.

For businesses, the choice of law and jurisdiction in your contract is critical. If your contract specifies that disputes will be resolved by a French court, you must be prepared to litigate there. If you opt for arbitration, you are choosing a path that often makes cross-border enforcement easier thanks to international treaties like the New York Convention of 1958.

Key VAT Obligations for Non-Residents

If your company sells goods or services to French customers, you may have to register for French VAT. This is particularly true if you are a non-EU business selling to private individuals in France, or if you store goods in a French warehouse (fulfillment by Amazon, for example). This registration opens the door to tax obligations and potential disputes with the French tax authorities, which can be costly.

Enforcing a Foreign Judgment in France: The Exequatur Procedure

Let’s say you have a judgment from a Belarusian court (or any non-French court) against a French company. To seize assets in France, you need that judgment recognized and declared enforceable by a French court. This process is called “exequatur”.

France applies a system based on international treaties and its domestic civil procedure code.

When Does a French Court Accept a Foreign Judgment?

The French court will check a few key things. It does not re-examine the merits of the case – meaning it won’t decide who was right or wrong. Instead, it checks:

• Jurisdiction:Did the original foreign court have the power to hear the case? A foreign court is considered to have jurisdiction if it had a real connection to the dispute (e.g., the contract was performed there, or the defendant had a place of business there) and if the case does not fall under the exclusive jurisdiction of French courts.
• Proper Service:Was the defendant properly notified of the proceedings? If the party that lost the case did not appear in court and was not properly notified, the French court will refuse to enforce the judgment.
• Public Policy:Does the judgment violate French international public policy? This is a narrow concept. French courts are generally very open to foreign judgments, but they will refuse to enforce something that shocks their fundamental sense of justice. For instance, they may refuse to enforce a judgment awarding damages that are purely punitive and wildly disproportionate to the actual harm suffered.
• Authenticity:You must provide a certified copy of the judgment and a sworn translation into French.

The Process

To get an enforcement order, you must file a request with the French court of first instance (tribunal judiciaire) of the place where the debtor lives or where you intend to enforce the judgment. The procedure is adversarial, meaning the debtor will have a chance to respond. It typically takes between six months to a year.

Recognition and Enforcement in Belarus: The New 2026 Rules

On the other side of the equation, Belarus has its own rules for recognizing foreign judgments. As of January 1, 2026, a new Civil Procedure Code (CPC) is in force, replacing the previous Economic Procedure Code.

The Big Difference: Court Judgments vs. Arbitral Awards

This is the most important distinction for any business person to understand.

• Arbitral Awards:Belarus is a party to the New York Convention of 1958. This means that arbitral awards (decisions from private arbitration) are recognized and enforced relatively easily in Belarus, regardless of which country they come from, as long as that country is also a party to the Convention. The new CPC preserves this principle.
• Foreign Court Judgments:This is where it gets more complicated. Belarus will enforce a foreign court judgment only if:
• There is an international treatybetween Belarus and the country where the judgment was issued; or
• On the basis of reciprocity.

Belarus has bilateral legal assistance treaties with many former Soviet republics, but not with France or most EU countries. Therefore, to enforce a French court judgment in Belarus, you would likely have to prove reciprocity. This means demonstrating that French courts would enforce a Belarusian judgment under similar circumstances. This is a difficult and uncertain process, requiring expert legal opinions.

The Procedure Under the New Civil Procedure Code (CPC)

If you have an arbitration award (from Paris, for instance) or a foreign court judgment from a treaty country, the procedure is as follows:

• Filing:You must file a petition with the economic court of the region where the debtor is located or where its property is situated.
• Documents:The new CPC clarifies the required documents. These include a certified copy of the decision, proof that it has entered into force, a document proving the losing party was properly notified, a certified translation into Belarusian or Russian, and proof of payment of the state fee.
• Electronic Filing:A key new feature of the CPC is the ability to file the petition as an electronic document, signed with a digital signature.

Grounds for Refusal

A Belarusian court will refuse to recognize a foreign judgment for reasons similar to those in France. Under the CPC, these include:

• The decision has not entered into legal force.
• The losing party was not properly notified and therefore could not participate in the proceedings .
• The case falls under the exclusive jurisdiction of Belarusian courts.
• There is already a final decision in Belarus on the same dispute.
• The decision violates the public policy of Belarus .

The new CPC introduces a helpful distinction for arbitral awards, separating grounds where the court may refuse (if the losing party asks) from grounds where the court must refuse (like a violation of public policy).

Practical Steps for Your Business

Given this legal landscape, here are a few practical steps you can take to protect your business.

Choose Arbitration Over Litigation.

If you are negotiating a contract with a French or Belarusian partner, push for an arbitration clause. Arbitral awards are much easier to enforce across borders thanks to the New York Convention. You can specify a neutral venue like Paris, Geneva, or the International Court of Arbitration in Minsk.

If You Must Litigate, Choose Your Forum Wisely.

If a contract requires litigation in a national court, understand where the other party’s assets are located. If they are in Belarus, a French judgment will be difficult to enforce. Conversely, a Belarusian judgment may be equally difficult to enforce in France. Your legal strategy will be determined by the location of the assets.

Ensure Proper Service of Process.

This point cannot be overstated. If you win a judgment abroad but the defendant was not properly notified, a French or Belarusian court will refuse to enforce it. Always use official channels and keep meticulous records of service.

Act Quickly and Know Your Deadlines.

If you win an arbitration award, do not delay. The statute of limitations for enforcing a judgment in Belarus is three years . In France, the enforcement procedure itself can take up to a year. The sooner you start, the better your chances of securing assets before they are moved.

Get Local Legal Help.

Enforcing a judgment in a foreign country requires navigating local procedure, which is a job for a qualified local lawyer. For enforcement in France, you will need a lawyer registered with the local bar. For enforcement in Belarus, you will need a lawyer who understands the new CPC and the practicalities of dealing with Belarusian courts and bailiffs.

Conclusion

International trade with France offers tremendous opportunities, but it also comes with legal complexities. The key takeaway for any business is to plan for disputes before they happen. A well-drafted arbitration clause is your best insurance policy.

If you do find yourself with a judgment to enforce, understanding the distinction between court judgments and arbitral awards is critical. While the path for arbitral awards is relatively clear thanks to international conventions, enforcing a court judgment between France and Belarus remains a challenging process, heavily reliant on proving reciprocity.

The new 2026 Civil Procedure Code in Belarus has modernized the process by allowing for electronic filings and clarifying the grounds for refusal, but the core principle remains: if there’s no treaty, reciprocity is the key, and it’s not a guarantee.

Our law firm, Economic Disputes, has been operating in the B2B market since 2019 and specializes in comprehensive business support, including international business. Our team consists of 15 lawyers and specialists, each with 15 to 25 years of experience in corporate law, tax consulting, and international commercial arbitration. Our practice manager, Sergey Belyavsky, brings 20 years of unparalleled experience in commercial courts, including 10 years as a judge, which allows us to assess risks from a practical perspective. We are members of the Austrian Arbitration Association (AEA) and have a partner network in over 160 countries. Results are our priority: throughout our work, we have recovered and saved our clients 1.95 billion rubles, supported by over 100 reviews with an average rating of 4.95 out of 5. We handle cases in Russian, Polish, and English and are ready to assist even in the most challenging situations. For the convenience of our international clients, we maintain a bank account with PKO Bank Polski to facilitate efficient cross-border settlements. If your company needs legal support, submit a request – we will offer a realistic solution.