Consideration of internal disputes (between the subjects of the Republic of Belarus).

_MG_9362In accordance with the second part of Article 4 of the Law of the Republic of Belarus “On International Arbitration court” in the IAC at the BelCCI may consider economic disputes arisen between Belarusian entities if there is an agreement between the parties, and if this is not prohibited by the law of the Republic of Belarus.

Rules of the IAC at the BelCCI allocate a simplified procedure for disputes between the subjects of the Republic of Belarus, in which the amount of claim is no more than 10,000 basic units (section IV of the Rules).

The simplified procedure provides the resolution of disputes, as a rule, by a sole arbitrator, and on the basis of written materials only, without holding an oral hearing with the exceptions listed in Article 67 of the Rules of IAC at the BelCCI.

However, the party has the right to request an oral hearing of the case or collegial consideration.

One of the features of the simplified procedure are reduced terms of the implementation of procedural actions. For example, the term of elimination of deficiencies of the claim shall not exceed 10 days from the date of receipt of a proposal from the Chairman of the IAC at the BelCCI, the terms for reaching agreement on the main and a reserve arbitrator – also 10 days. The same period is set to provide a respond to the statement of claim, a statement of counter claim or additional written statements to the statement of claim and the response to the statement of claim.

In the simplified procedure, the arbitration fee is significantly reduced, firstly, by 30% compared with the basic rate because of resolution of a dispute by a sole arbitrator; Secondly, a further 10% of the amount already received by the arbitration fee because of use of the simplified procedure.

Resolutions are made by an arbitrator, which is included in the list of arbitrators of the IAC at the BCCI, which indicates the high qualifications of the arbitrators, as the following list shows the leading scholars and practitioners in civil law and process.

Thus, the dispute within the framework of the simplified procedure does not require the parties to have any significant financial cost (the amount of the arbitration fee is reduced, the hearings are not available, and therefore there is no need to pay for services for the provision in court), no significant technical or other costs in absence of oral hearings.