31 October 2018

On October 26, 2018, the VI Belarusian Forum of Corporate Lawyers was held, at which Alexander Danilevich took part as a moderator and speaker in the workshop “Arbitration”.

The attorney also made a presentation on “guerrilla” tactics in international commercial arbitration. Aspects of the parties’ behavior in the arbitration process have attracted quite a lot of attention in the last decade. Obviously, when the subject of the dispute is substantial sums of money, the parties may overstep the accepted ethical standards of conduct, using the principle of confidentiality of the arbitration proceedings and the private nature of this institution.

The attorney stressed that the current legislation, at least the rules of the International Arbitration Court (IAC)at the BelCCI (Belarusian Chamber of Commerce and Industry) need changes and additions, the essence of which may be summed up, firstly, to the restrictive powers of the court on representatives of the parties violating ethical norms.

The panel of the court should be able by its decision to suspend the representative from participation in the proceedings in case of abuse of procedural rights, which lead to an unjustified delay in the proceedings and / or conflict of interests of the arbitrator.

Also, the international arbitration court should have the right to demand additional arbitration fee and compensation for costs if the party deliberately delays the consideration of the case, which makes it necessary to hold more meetings of the court.

The existing version of the rules of the IAC at BelCCI does not stipulates such an opportunity for the court. It is absolutely necessary that the regulations and / or the panel of the court establish the time limits for the parties to submit procedural documents confirming their position, as well as the possibility of making procedural definitions and communication with the parties outside the meeting with the participation of representatives of the parties. The latter requires a rethinking of the role and tasks of the court session in the Belarusian arbitration process, the termination of copying the procedure of the state court. Of course, it is extremely important for arbitration to be able to control the actions of representatives of the parties in terms of their compliance with professional ethics.