International commercial arbitration is one of the popular ways to resolve foreign trade disputes and the key field of competence of the attorney.
Assistance in proceedings before an international arbitration court can be carried out at all stages of the arbitral dispute resolution:
- pre-arbitration – the choice of the arbitrator, preparation and submission of the claim to the arbitral tribunal, securing the claim;
- arbitration – representation of interests in meetings, examination of evidence;
- after arbitration – possible appeal of the arbitral award decision and procedure for the recognition and enforcement of a foreign arbitral award.
The issues of enforcement of the decision of the national arbitration court are also within the competence of the attorney.
The distinguishing features of international commercial arbitration are predetermined by two aspects – non-procedural and procedural. The non-procedural aspect is connected with the presence of a foreign element – the claimant or the defendant, and, accordingly, with the necessity to determine the applicable substantive law. The peculiarity of arbitration in Belarus is that the Belarusian arbitration court must take into account, in addition to foreign legal norms, the judicial practice of the corresponding state, whose law is applied.
The procedural aspect of the activity of the international arbitration court essentially distinguishes it from the state court. Despite the democratic nature of the arbitration, the process of resolving a dispute by an international arbitration court is complicated by such matters as the formation of the composition of the court and the proper notification of the party about the court session.
The practice of the attorney on “both sides of the arbitrator’s table” – as an arbitrator and representative of the party – as well as long-term scientific activity in this sphere allows to represent competently the client’s interests in international arbitration at any stage.