14 November 2019

New article of the attorney Dr Danilevich on the topic “Competence of the international arbitration court in respect of non-signatories of the arbitration agreement: a view from Belarus” was published in the journal Commercial Arbitration No. 2/2019 (Moscow).

The article considers the issues of extending the scope of an arbitration agreement to persons who, from a formal point of view, are not parties to the arbitration agreement, i.e. so-called non-signatories. Despite the fact that the problem of binding an arbitration agreement for non-signatories has been actively considered by scientists of the world for more than 20 years, there is currently no unification of regulation in this matter. This is due to both a different legal culture and differences in the laws of different countries.

At the same time, the difference in the approach to the problem of “non-signatories” is not only that different countries justify different opportunities for expanding the scope of the arbitration agreement, but also that in some countries such opportunities are either very limited (for example, in Russia), or none at all, as, for example, in Belarus. The author makes practical suggestions on changing the attitude of the Belarusian legislator to the problem of persons who have not signed the arbitration agreement.