Appeal of awards of international arbitration courts requires excellent knowledge of commercial arbitration law. In order to successfully appeal against an award an attorney may need to ground the invalidity of the arbitration agreement in accordance with the law of the state, to which the agreement was subjected to, exceedance of an arbitration award beyond the arbitration agreement, conflict with the public order of Belarus, and etc.
One of the specializations of the attormey Aliaksandr Danilevich is international commercial arbitration. The attorney has regular practice of dealing with disputes as an arbitrator. He is included in the list of recommended arbitrators of the International Arbitration Court of the Belarusian Chamber of Commerce and Industry (BelCCI), is a member of the Sports Arbitration Court (TAS-CAS) in Lausanne (Switzerland), the Sports Arbitration Court of the Union of Lawyers of the Republic of Belarus. Dr Danilevich’s PhD thesis theme is “Decision of the International Arbitration Court”. He also teaches international arbitration law and the international civil process at the Belarusian State University.
In addition, since foreigners are often clients with regard to such cases, an attorney must be proficient in foreign languages for successful communication. The attorney can provide legal assistance in English, Italian and French.
Below is a brief summary with regard to appeal against awards of international arbitration courts in Belarus.
Appealation against awards of international arbitration courts located on the territory of the Republic of Belarus on disputes, arising during the implementation of entrepreneurial and other economic activities, are carried out in the Belarusian economic courts within 3 months from the date of receipt of the arbitral award by the party, submitting application.
An application for the cancellation of an award of an international arbitration court, submitted upon the expiry of the time limit for its application, shall be returned to the applicant.
An application for cancellation of an award shall be submitted in writing and must contain a justification for its cancellation, and also comply with other requirements of the legislation of Belarus.
In addition, the following documents must be attached to the application for cancellation of the decision:
- notarized copy of the decision of the international arbitration court or copy of the decision of a permanent international arbitration court, certified by the chairman of the relevant court;
- a power of attorney, confirming the authority of the representative to sign the application;
- copies of the application equal to the number of parties to the arbitration (arbitration) proceedings;
- a document, confirming the payment of the state fee.
The power of attorney, confirming the representative’s authority must be legalized in due course, and also provided with a translation into Russian or Belarusian language, carried out by the competent authority (person) (for example, by a Chamber of Commerce and Industry, etc.). In the event that the state that is the place of issueance of the power of attorney is a member of the Convention that abolishes the requirement of legalization of foreign official documents (concluded in The Hague on October 5, 1961), the power of attorney must be apostilled. If a bilateral agreement on legal assistance exists between such a state and Belarus, the requirement to legalize a power of attorney may be met in case of its notarization with the attachment of official stamp.
An application submitted in violation of the requirements for its form and content, established by the Belarusian legislation, shall be returned to the applicant.
Grounds for Cancellation
An award of the international arbitration court can be cancelled by the economic court on the following grounds:
- one of the parties, while concluding the relevant arbitration agreement, was completely or partially incompetent or this agreement is invalid by the law to which the parties have subjected this agreement, and in the absence of such an instruction – by the law of the Republic of Belarus;
- the party was not duly notified of the appointment of an arbitrator or of the proceedings of the case or for other valid reasons could not submit its explanation;
- the award was made on a dispute not provided for by the arbitration agreement or not subject to its terms, or contains provisions on issues beyond the scope of the arbitration agreement;
- the composition of the international arbitration court or the order of the proceedings did not comply with the agreement of the parties;
- the subject matter of the dispute can not be the subject of arbitration under the laws of Belarus;
- the award of the international arbitration court is contrary to the public order of Belarus.
State Fee Amount
The state fee for the consideration of the application for the cancellation of the award of the international arbitration court equals to 10 base units (as of 08.01.2018 is 123,31 US dollars).
Terms of Consideration
The period of consideration of applications for the cancellation of the awards of the international arbitration court by the legislation of Belarus is not established. In view of the fact that the limits of adjudgement and procedure for the economic court to consider applications for the recognition and enforcement of decisions of foreign courts and foreign arbitral awards and applications for cancellation of awards of international arbitration courts are similar, the application can be considered by the judge alone within a period of about 1 month from the day of receipt of the application by the court.
When examining an application for the cancellation of an award of an international arbitration court, the economic court shall verify the existence of grounds for canceling the decision. The economic court has no right to investigate the circumstances established by the international arbitration court, or to review the decision of this court on its merits.