Mediation in Belarus

Quick Facts

• Legal Framework: International arbitration in Belarus follows the Law on the International Arbitration Court (No. 279-Z) dated 9 July 1999 as amended. Domestic arbitration follows the Law on Domestic Arbitration Court...
• Cultural Approach: Belarus' cultural approach to ADR reflects its legal system's development. The government has taken significant steps to develop and promote ADR for dispute settlement. The renewal of Chamber of Arbit...
• Typical Costs: Specific fee structures for arbitration in Belarus are determined according to the rules of the International Arbitration Court and Chamber of Arbitrators. The Law on Domestic Arbitration Courts provi...

Mediation Research

Legal Framework

International arbitration in Belarus follows the Law on the International Arbitration Court (No. 279-Z) dated 9 July 1999 as amended. Domestic arbitration follows the Law on Domestic Arbitration Courts (No. 301-Z) dated 18 July 2011. The Chamber of Arbitrators at the Belarusian Union of Lawyers renewed activity in 2020 and adopted new arbitration rules based on UNCITRAL Arbitration Rules. Belarus has taken significant steps to develop and promote ADR. Under amendments to the Law on Advocacy adopted July 2017, it was clarified that advocates can act as arbitrators.

Court System

Belarusian courts generally take an arbitration-friendly approach, although they have relatively limited experience in arbitration-related cases which may lead to controversial court practices. Court decisions are usually not publicly disclosed. In January 2023, Belarus adopted the Law on Seizure of Property allowing government to seize assets of companies from 'non-friendly jurisdictions' and ignore interim measure awards from arbitral tribunals in those jurisdictions.

Mediator Regulations

The Chamber of Arbitrators at the Belarusian Union of Lawyers provides arbitration services with rules based on UNCITRAL Arbitration Rules. Under amendments to Law on Advocacy (July 2017), advocates can act as arbitrators. The Law on Domestic Arbitration Courts (2011) established 4 arbitration tribunals as independent legal entities, 26 tribunals as structural divisions, and 229 licensed arbitrators. Professional standards are regulated through these legislative frameworks.

Cultural Approach

Belarus' cultural approach to ADR reflects its legal system's development. The government has taken significant steps to develop and promote ADR for dispute settlement. The renewal of Chamber of Arbitrators activity in 2020 indicates institutional commitment. However, the 2023 Law on Seizure of Property targeting 'non-friendly jurisdictions' suggests political factors may influence ADR for international cases.

Typical Costs

Specific fee structures for arbitration in Belarus are determined according to the rules of the International Arbitration Court and Chamber of Arbitrators. The Law on Domestic Arbitration Courts provides framework for cost allocation. Costs are typically shared between parties unless otherwise agreed. The 2023 Law on Seizure of Property may affect asset seizure for cases involving non-friendly jurisdictions.

Sources

• Baker McKenzie International Arbitration Yearbook 2023-2024 – Belarus (organisation)
• New York Convention - Belarus (organisation)
• Singapore Convention on Mediation - Jurisdictions (organisation)

States and Regions