by the Resolution
of the Belarusian Chamber of Commerce and Industry
on March 17, 2011
as amended and added on April 5, 2011.
RULES OF THE INTERNATIONAL ARBITRATION COURT
at the BelCCI
Part I. General Provisions
Chapter 1. General Provisions
- The International Arbitration Court at the BelCCI (hereinafter referred to as «the IAC») is a permanent, non-state, non-commercial organization carrying out its activities on a remunerated basis.
- The IAC is governed in its activities by the Law of the Republic of Belarus on International Arbitration Court, other legislation of the Republic of Belarus, international treaties of the Republic of Belarus as well as the IAC Statute and the present Rules.
- The IAC settles:
- disputes arising between any entities in the course of foreign trade and other international economic affairs, if the place of location or residence of at least one of the entities is situated outside the territory of the Republic of Belarus;
- disputes arising between enterprises with foreign investments, international associations and organizations set up on the territory of the Republic of Belarus; disputes arising between the members of the above-mentioned legal persons; disputes arising between these legal persons and other legal persons and individual entrepreneurs of the Republic of Belarus;
- disputes arising between foreign legal persons and individual entrepreneurs located outside the Republic of Belarus;
- other disputes of an economic nature if the agreement by the parties contains a reference to the IAC for settlement of a dispute and it is not prohibited by legislation of the Republic of Belarus.
- The IAC also settles disputes, which fall within its jurisdiction by virtue of the law or international treaty of the Republic of Belarus.
Any dispute subject to the jurisdiction of the IAC may be settled in arbitral proceedings.
Any dispute arising between subjects of law, if the place of location or residence of such subjects is situated on the territory of the Republic of Belarus and if the value of disputes does not exceed 10 000 basic values, is settled under the simplified procedure in accordance with Part IV of these Rules.
Other disputes between entities of the Republic of Belarus are settled taking into account particulars of these Rules.
A dispute is settled in arbitral proceedings, if there is an arbitration agreement.
The arbitration agreement is an agreement of the parties to submit to the IAC all or certain disputes which have arisen or which may arise out of legal relationship binding on the parties.
The arbitration agreement may be concluded in the form of an arbitration clause (a separate provision of civil law contract) or in the form of a separate agreement.
The arbitration agreement shall be concluded in writing. It is considered concluded if it is contained in a document signed by the parties or in an exchange of messages by mail or using any other means of communication which provide a written record of expression of the will of the parties, including the submission of a statement of claim and reply to it, in which, respectively, one party proposes to submit the dispute to the IAC and the other party does not object thereto. The reference in the contract to the document containing an arbitration clause constitutes an arbitration agreement on condition that the contract has been concluded in writing and the content of the reference makes that clause a part of the contract.
Invalidating by the IAC of the contract into which the arbitration clause has been included shall not itself entail the invalidity of the arbitration clause.
Part II. Arbitral proceedings
Chapter 2. Compositions of the International Arbitration Court at the BelCCI
- A dispute is settled by a sole arbitrator or three arbitrators of the IAC. The number of arbitrators is determined by the agreement of the parties. Failing to make such an agreement, the IAC composition shall consist of three arbitrators.
- Only capable natural person possessing appropriate professional knowledge and necessary personal qualities may be elected (appointed) with his\her consent an arbitrator, a reserve arbitrator as well as a main presiding arbitrator or a reserve presiding arbitrator.
- For settlement of disputes claimants and respondents at their discretion elect the arbitrators included in the Recommendation List of Arbitrators. They shall also have the right to elect persons not included in this List.
For settlement of disputes between entities of the Republic of Belarus only a person included in the Recommendation List of Arbitrators may be elected an arbitrator.
Only a person included in the Recommendation List of Arbitrators may be elected (appointed) a presiding arbitrator.
Co-claimants and co-respondents shall jointly elect main and reserve arbitrators. Third persons shall not have the right to elect the arbitrator.
The election of a foreign citizen as an arbitrator shall be possible, if the party who has elected him\her, makes an advance payment for the expenses related to his\her participation in arbitral proceedings within 10 days upon the election of this arbitrator unless other term is agreed with IAC.
If the parties have agreed to settle the dispute by a sole arbitrator, they name concrete persons elected by them at their mutual consent as the main and the reserve sole arbitrator.
Unless the agreement on the main and the reserve arbitrators has been achieved within 30 days, the IAC Chairman shall appoint them. The period shall begin to run on the day when the other party has received or should have received the statement of claim.
For settlement of disputes between entities of the Republic of Belarus without the simplified procedure the term for such agreement makes 15 days. Unless the agreement has been achieved by the parties, the IAC Chairman shall appoint the main and the reserve sole arbitrators within the mentioned term.
The period shall begin to run on the day when the other party has received or should have received the statement of claim.
- If the parties have agreed to settle the dispute by three arbitrators, the claimant names one main and one reserve arbitrators elected by him in his statement of claim. The respondent shall inform the IAC about his election of the main and reserve arbitrators within 30 days upon receipt of a copy of the statement of claim. For settlement of disputes between entities of the Republic of Belarus without the simplified procedure the respondent shall inform the IAC about his election of the main and reserve arbitrators within 15 days upon receipt of a copy of the statement of claim.
Unless the main and the reserve arbitrators have been elected during the fixed period, they shall be appointed by the IAC Chairman.
The same shall be made in cases, when the parties having envisaged the IAC composition with three arbitrators have entrusted its appointment to the IAC.
- The arbitrators are independent from the parties that have elected them.
Two arbitrators elected by the parties shall elect the main and the reserve presiding arbitrators within 10 days. For settlement of disputes between entities of the Republic of Belarus without the simplified procedure two arbitrators elected by the parties shall elect the main and the reserve presiding arbitrators within 5 days. The period for election presiding arbitrator shall begin to run on the day when the second arbitrator has been elected (appointed).
Unless the main and reserve presiding arbitrators have been elected during the fixed period, they shall be appointed by the IAC Chairman.
An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his\her impartiality or independence, or if he\she does not possess qualification stipulated by the agreement of the parties. A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only because of the circumstances he\she becomes aware after the appointment has been made.
Having learned about his\her possible appointment (election) as an arbitrator, a person shall disclose any circumstances to give rise to justifiable doubts as to his\her impartiality, independence or competence. Unless the arbitrator has made a disclosure before his\her appointment (election), he\she shall inform the parties of any such circumstances as early as possible at the course of arbitral proceedings.
On the grounds referred to in the first part of this Article, the experts and interpreters\ translators may also be challenged.
The interested party shall submit to the IAC composition a written statement, with motivations for such a challenge. The challenge statement should be submitted within 15 days after the party becomes aware of the arbitrator appointment or of the availability of grounds for his\her challenge.
Unless the challenged arbitrator withdraws from his office, two remaining members of the IAC composition shall decide on the challenge before the arbitral proceedings begin. Unless the remaining members of the IAC composition agree to the challenge or if two or more arbitrators or a sole arbitrator have been challenged, the IAC Chairman shall decide on the challenge of the IAC composition.
- The challenge of an expert or interpreter\translator shall be decided by all members of the IAC composition.
- While a matter on challenge of the IAC composition, expert, or interpreter\translator is pending, arbitral proceedings shall be suspended.
A ruling of the IAC Chairman or of the IAC composition on a matter of challenge of an arbitrator(s), expert, or interpreter\translator shall be subject to no appeal.
- An arbitrator may withdraw from his\her office.
The self-challenge statement should be submitted to the IAC within 10 days after the arbitrator or presiding arbitrator has been notified of his\her appointment or election.
The IAC Chairman shall decide on self-challenge of arbitrator within seven days.
- The functions of an arbitrator or a presiding arbitrator shall be transferred to a reserve arbitrator (presiding arbitrator) from the moment when the challenge or self-challenge has been sustained. The IAC Chairman shall inform a reserve arbitrator (presiding arbitrator) of these circumstances immediately. Simultaneously the IAC Chairman shall offer the relevant party or the arbitrators to elect a new reserve arbitrator or presiding arbitrator within 10 days. Unless a reserve arbitrator or presiding arbitrator is elected in the mentioned term, he\she shall be appointed by the IAC Chairman.
The appointment of the new reserve arbitrator (reserve presiding arbitrator) shall be made by the IAC Chairman if he has initially appointed the challenged arbitrator.
- The parties may, by mutual agreement, determine the procedure for challenge of arbitrators, expert, or interpreter\translator.
- The arbitrator shall refuse to accept powers or perform relevant functions if he\she becomes de jure or de facto unable to perform his\her functions or due to other reasons makes a substantial delay in arbitral proceedings. Any party may request the IAC Chairman to terminate the mandate of an arbitrator who has not withdrawn from acceptance and performance of his\her functions under the above-mentioned circumstances. A decision on this matter shall be subject to no appeal.
- 2. In case of death, refusal to fulfil his\her duties as well as in case of an arbitrator’s or presiding arbitrator’s actual failure to perform his\her functions within 10 days, the IAC Chairman shall transfer his\her functions to the reserve arbitrator. The same replacement shall be made when the arbitrator (the presiding arbitrator) suddenly refused or failed to take part in a hearing appointed beforehand. A new arbitrator (presiding arbitrator) shall take part in arbitral proceedings till its end. The repeated election or appointment of a reserve arbitrator (presiding arbitrator) shall be made in the same way as the first one.
- The mandate of an arbitrator shall also be terminated in case of his\her challenge or self-challenge.
- After replacement of an arbitrator (a presiding arbitrator) the IAC composition shall settle the case from the very beginning.
- The IAC Presidium has a right to temporarily suspend the participation in settlement of new disputes of an arbitrator who has previously delayed settlement of disputes entrusted to him\her.
- The IAC composition may rule on its own competence, including any objections with respect to the existence or validity of the arbitration agreement. Unless the IAC composition is established, the IAC Chairman should rule on such a matter. For that purpose, the arbitration clause which forms part of a contract shall be treated as an agreement independent of other terms of the contract.
- A plea that the IAC composition does not have competence shall be raised by a party not later than statement of defence is submitted. A party is not precluded from raising such a plea by the fact that he has appointed, or participated in the appointment of, the arbitrator.
- A plea that the IAC composition is exceeding the scope of its competence shall be raised by the party as soon as the matter alleged to be beyond the scope of competence of the IAC composition is raised during arbitral proceedings. The IAC composition may admit a later plea if it considers the delay justified.
- The IAC composition shall rule on a plea referred to in the second and third paragraphs of this Article before making an award on the merits of a dispute.
- If the IAC composition finds itself competent or if the IAC Chairman finds competence of the IAC, any party within 15 days after having received notice of that may request the IAC Presidium to make a final decision on the matter of competence.
- While a request on the matter of competence of the IAC composition is pending, arbitral proceedings shall be suspended.
- Unless otherwise agreed by the parties, the IAC composition, at the request of any party, may make a ruling on such measures of protection as the IAC composition considers necessary in respect to subject-matter of the dispute from the party. The IAC composition may require any party to provide appropriate security in connection with such measures.
- The IAC composition or, with its consent, a party may request a relevant state court in or abroad of the Republic of Belarus to take measures securing the claim or evidence. Unless the IAC composition is established the IAC Chairman may give such consent.
Chapter 3. General Rules of Proceedings by the International Arbitration Court at the BelCCI
- The IAC is governed in its activities by the following principles:
1) equality of the parties’ rights;
2) freedom of election of the IAC composition, an applicable law, a procedure and a language of arbitral proceedings by the parties;
3) jurisdiction based upon the parties’ agreement;
4) priority of generally-recognized principles of international law;
5) independence of the IAC and arbitrators;
6) confidentiality of the cases resolved;
7) contribution to the resolution of a dispute by amicable settlement of the parties;
8) finality of the IAC awards.
- The IAC is also governed by the principles of economic procedure legislation of the Republic of Belarus which do not contradict the principles referred to in paragraph 1of this Article.
- Each party shall be granted equal opportunity to present his claim or defence, as well as to protect his rights.
The IAC composition shall consider a case and make an award not later than 6 months upon the date of its establishment.
An award in a dispute between entities of the Republic of Belarus without the simplified procedure shall be made not later than 3 months upon the date when the IAC composition has been established.
The IAC Chairman can extend the mentioned period upon a valid application of the sole arbitrator or presiding arbitrator.
The language of arbitral proceedings is determined by an agreement of the parties taking into account the language capabilities of the arbitrators. Failing to make such an agreement, the case shall be settled in Belarusian or Russian language.
If one of the parties or his representative does not have command of a language of arbitral proceedings, the IAC shall provide the services of an interpreter\translator upon the party`s request and at his expense.
- Settlement of a case shall be held confidentially, unless the IAC composition decides to consider the case publicly upon the request of the parties or with their consent.
- The participants of closed hearings should keep the obtained information confidential. A sole arbitrator or presiding arbitrator shall notify them of that.
The IAC composition shall take necessary measures for an amicable settlement of a dispute in whole or in part at any stage of arbitral proceedings.
A settlement agreement is deemed to be reached if the claimant has agreed with the respondent (has withdrawn the claim), if the respondent has agreed with the claimant (has acknowledged the claim) or if the parties have reached agreement as a result of mutual concessions. Mutual concessions in respect of subject-matter of the dispute are possible unless they are in conflict with the law or a nature of legal relationship. Mutual concessions are also acceptable in the apportionment of costs of the dispute, time limits and the manner in which the obligations assumed by the parties will be carried out.
All procedure documents submitted the parties should be delivered to the IAC in the number of copies being sufficient for keeping in the IAC file and sending /delivering/ to the other party and each of the arbitrators.
- The documents, referred to in Article 18 of these Rules, except for written evidences, shall be submitted in the language of arbitral proceedings or accompanied by a translation into this language at the expense of the party that has submitted them.
- Written evidences shall be submitted in the original language. On its own initiative or upon proposal of the other party, the IAC composition may order that written evidences shall be translated into the language of arbitral proceedings by the party that has submitted them or shall provide the translation at the expense of this party.
- The IAC shall provide the prompt sending and delivery of the case documents for parties or their representatives.
- The statements of claim, the statements of defence, notices, awards and other decisions of the IAC must be communicated by registered mail with the acknowledgment of receipt or by physically delivered against signature. Other documents may be sent by mail or registered mail or by another means of communication, e.g. telegraph, telefax, which is to provide a record of the information sent.
- Upon the application of the party and at his expense or on the IAC composition initiative the delivery may be made by any other reasonable way.
- A written communication is deemed to be received if it has been delivered to the recipient personally or to the address of his permanent residence or location of his firm or his mailing address, unless otherwise provided by the agreement of the parties. When the place of delivery of a written communications cannot be determined upon a diligent inquiry, a written communication is considered to be received if it has been sent to the last known address of the recipient, e.g. to his permanent residence, location of his firm or his mailing address (as specified in the contract or in the letter head form of the firm received from the recipient during correspondence) by the registered mail or any other means which provide a record of the attempt to deliver such communication.
The message is considered to be received on the day of its delivery or attempt to deliver (transfer) to the recipient, as mentioned in paragraph 3 of this Article.
4-1. Parties shall immediately notify the IAC about any changes of mailing addresses indicated earlier during the arbitral proceedings. In case of failure of such message the correspondence shall be delivered to the latest known mailing address of the recipient and it is deemed to be received even if the recipient does not have place of residence or location at this address.
- The documents are also deemed to be delivered if existing evidence confirms that the recipient has refused to receive them or has not received them although he has been informed about them by the post office.
Chapter 4. The Institution of the Case and its Preparation for the Settlement
- The claimant shall state his claim in statement of claim in writing. The statement of claim shall include the following:
1) names of the parties, their mailing addresses, telephones, faxes, accounting requisites, e-mailing addresses;
2) an exact description of the claims and the claim value (if the claim is subject to evaluation);
3) facts supporting the claim and evidences confirming each of these facts;
4) an applicable law and its substantiation with indication of legal rules to be applied;
5) an information as to the arbitration agreement between the parties and its content as well as information on observance of preliminary extrajudicial procedure of dispute settlement if it is envisaged by the agreement of the parties or if it arises out of the nature of obligations;
6) a proposal as to the number of the arbitrators, their election or appointment, as well as surname, name, patronymic of main and reserve arbitrators elected by the claimant and other relevant information about the arbitrators;
7) list of the documents to be attached to the statement of claim;
8) surname, name, patronymic of the claimant’s representative, his\her mailing address, telephone if he\she shall sign the statement of claim;
9) the claimant’s signature or his representative’s signature and the date when the statement of claim has been submitted or sent by mail;
The documents or their copies should be attached to the statement of claim to confirm:
1) evidences of the legal capacity of the claimant under the legislation of state of his registration;
2) a substantiation of the claim;
3) an existence and content of the arbitration agreement;
4) evidences confirming an observance of preliminary extrajudicial procedure of dispute settlement;
5) a payment of the arbitration fee.
- The statement of claim shall be submitted with the necessary number of copies (Article 18 of these Rules).
- The statement of claim is deemed to be submitted upon the payment of the registration fee.
- The statement of claim shall include claims, arising from the same contract. In case of raising claims, arising from different contracts, each of these claims shall be drawn as independent statement of claims, and arbitration fee shall be paid for each of these claims.
Having stated that the statement of claim has been submitted without observance of the requirements of Article 21 of these Rules, the IAC Chairman suggests the claimant to eliminate the found out defects.
The period for elimination of defects should not exceed 6 months after having received notice of the mentioned suggestion. For settlement of disputes between entities of the Republic of Belarus without the simplified procedure the period for elimination of defects should not exceed 15 days after having received notice of the mentioned suggestion. Unless defects have been eliminated during the fixed period, the statement of claim shall be returned to the claimant.
- Proceedings shall be initiated on the date when a duly drawn up statement of claim is received by the IAC and arbitration fee is paid.
- The IAC Chairman shall make a ruling to initiate proceedings and inform the parties of these circumstances within seven days. Simultaneously a copy of the statement of claim with documents attached to it as well as the IAC Rules and Recommendation List of Arbitrators shall be sent to the respondent.
- The respondent shall draw up and send a statement of defence to the IAC within 30 days after having received a statement of claim and the documents attached to it. For settlement of disputes between entities of the Republic of Belarus without the simplified procedure the respondent shall draw up and send a statement of defence to the IAC within 15 days after having received a statement of claim and the documents attached to it.
He should state the following in statement of defence:
1) opinion related to the existence, validity and content of the arbitration agreement,
2) defence in respect of the claim,
3) evidences of the legal capacity of the respondent under the legislation of state of his registration;
4) proposal as to a number of the arbitrators offered by the claimant, the nomination of a particular persons as a main and a reserve arbitrator or a request to appoint an arbitrator by the IAC Chairman.
- The provisions of Article 18 of these Rules shall apply to the number of copies of the statement of defence.
- The respondent has a right to make a counter-claim to the claimant. A counter-claim may be applied by the IAC only in the presence of arbitration agreement of the parties, which should meet requirements of Article 4 of these Rules.
- The joint examination of these claims is to be binding if the counter-claim is made for the purpose of a set-off against the claim or meeting the counter-claim eliminates meeting the primary claim fully or partially.
- The counter-claim should meet requirements of Article 21 of these Rules (except for sub-paragraph 5 of paragraph 1of Article 21 of these Rules) and should be submitted no later then first appearance of the respondent in arbitral proceedings.
After having received statement of claim, statement of defence and attached documents sent by the IAC, a sole arbitrator or a panel of arbitrators shall prepare a case for the settlement, then determines date and place of its hearing. The requests of the parties may be taken into account. The parties shall be given adequate advance notices as to the date and place of the hearing.
Unless otherwise has been agreed upon by the parties, proceedings must to be held as a rule at the premises of the IAC.
At the request of the parties or in case of necessity, on its own initiative, the IAC composition may settle the dispute in another place.
Chapter 5. The Settlement of the Case
- The settlement of the case shall include an oral hearing.
- By ruling of the IAC composition a case may be settled on the basis of written evidences only if:
1) the parties have agreed that no oral hearing shall be held;
2) the claimant has requested in his statement of claim that the dispute be settled on the basis of written evidences only and the respondent has agreed to this proposal within the period for submission of his statement of defence;
3) the respondent has acknowledged the claim on whole in writing within the same period.
- Unless otherwise directly follows from the statement of acknowledgement of claim, it shall also be applied to the refunding of expenses incurred by the claimant in this case.
- However, if at the course of proceedings, the IAC composition finds that the written evidences are not sufficient to make a valid award it should annul its ruling to settle the case on the basis of written evidences only and shall hold an oral hearing.
A sole arbitrator or a presiding arbitrator of a panel of arbitrators shall conduct an oral hearing.
Upon a written application any party has a right to amend or supplement his claim or defence to the claim during arbitral proceedings.
The IAC composition may not allow such an amendment or supplement to the claim if it entails an unjustifiable delay in proceedings in the future.
- The IAC is not subject to the provisions of the procedural legislation of the Republic of Belarus.
- Unless otherwise has been agreed by the parties, the settlement of the case shall be conducted in such a manner which the IAC composition considers necessary for making a lawful and valid award. The IAC should take into account the opinions of the parties and should apply the provisions of these Rules.
- A failure of the respondent to submit his objections against claim in writing as well as to submit documents supporting it and a failure of a party or his representative to appear at a hearing if they have been duly notified or are deemed to be notified of the date and place of the hearing, without showing sufficient reasons for such failure, does not prevent conduction of proceedings and the settlement of a dispute. In such cases a dispute should be settled on the basis of available evidences.
- Inaction of the party should not be treated in itself as an acknowledgement of the claim or its withdrawal.
- Each party may request the IAC to settle a case in his absence.
- Having heard the pleadings of the parties the IAC composition shall determine the manner of examination of other evidences. Furthermore, the IAC composition may require the parties to submit such supplementary evidences (witness’s testimonies, written and material evidences, expert s reports and other data carriers if they allow to obtain information about the facts important for the prompt settlement of the dispute).
- Notices about the hearing of the IAC composition or taking of any procedural action for the purpose of inspecting goods, other property or documents shall be sent to the parties so that they have sufficient time to appear.
- Statements, documents or other information supplied by one of the parties to the IAC composition shall be delivered to the other party. The parties shall receive any expert s report or other written evidences on which the IAC composition may rely in an award.
- The IAC composition or a party, with its approval, may request from a competent state court in or abroad of the Republic of Belarus assistance in taking evidences as to matter of a dispute settling by the IAC.
- In case of necessity to take and record evidences outside the place of holding of the hearing, the IAC composition may entrust to take the above-mentioned acts to one of its arbitrators.
- If performance of the assignment requires the arbitrator(s) to leave place of the location of the IAC, the traveling expenses shall be paid in advance by the party who requires this trip.
- Upon request of a party (parties), on initiative of the IAC composition as well as in cases provided by the Law of the Republic of Belarus on International Arbitration Court and these Rules, the proceedings of the case may be postponed or suspended.
- The IAC composition should rule to postpone.
- The IAC composition or the IAC Chairman, unless the IAC composition is established, should rule to suspend.
The course of any hearing of the IAC composition shall be reflected in the record. Any separate procedural action which has been performed out of hearing should also be recorded.
The record shall be taken by the secretary. A relevant member of the IAC could perform the functions of the record-maker. Means of sound recording may be used during hearing of the IAC composition for providing of the record fullness. A sound recording of a hearing of the IAC by the parties or their representatives may be made with the consent of the IAC composition.
The record should be signed by a sole arbitrator or a presiding arbitrator as well as a secretary.
The parties have a right to receive a duly attested copy of the record.
Chapter 6. Making and Enforcement of Decisions.
- Only such an IAC composition which has settled a dispute has a power to make an award. The IAC composition shall make an award by majority of all its arbitrators. An arbitrator who has not agreed with the majority, may enclose his separate opinion to an award.
- The IAC composition shall settle a dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation to the law or legal system of a given State shall be construed as a direct reference to the substantive law of that State and not to its conflict of laws rules.
- The parties should submit evidences confirming the content of rules of foreign law on which they rely for substantiation of their claims or defences to the claims as well as in another way may assist the IAC composition to ascertain the content of such rules of foreign law.
- Failing any designation to the applicable law by the parties, the IAC composition shall make an award on the basis of law determined by the conflict of laws rules which it considers applicable.
- Having applied the substantive law the IAC composition shall base on the terms of the contract binding upon the parties or other legal relationship between the parties and also shall take into account existing commercial and legal practice.
- Settlement of a dispute ex aequo et bono (on the basis of general accepted moral rules) is allowed, only if the parties have expressly agreed to it and provided that it does not contradict the imperative rules of law.
- The IAC composition which settles the dispute may request the IAC Presidium to give an interpretation of the applicable law and the existing practice.
The award shall be made in writing and shall be signed by the IAC composition. If a dispute is settled by the panel of arbitrators the signatures of two arbitrators shall suffice if they have stated, the reason for the third omitting signature. The genuineness of the arbitrator(s) signatures is certified by signature of the IAC Chairman as well as by the stamp of the IAC.
If the IAC Chairman finds formal defects in the award before certification of the signatures, he shall return the award to the IAC composition for elimination of these defects. However, the IAC Chairman does not have a right to require amendments in the text of the award which involve matters on merits of the award.
- An award of the IAC shall include:
1) date on which the award has been made, arbitrators of the IAC composition, date and place of arbitral proceedings;
2) names of the parties, their representatives with statement of their authorities;
3) grounds for jurisdiction of the IAC;
4) positions of the parties, i.e. their claim and defence to claim, including factual and legal substantiation;
5) an applicable law;
6) content of an award, including apportionment of dispute expenses;
7) substantiation of an award unless an agreement for its withdrawal has been achieved by the parties.
- A sole arbitrator or a presiding arbitrator shall bear the responsibility for a prompt and correct drawing up of the award.
- The copies of an award should be delivered to the parties against receipt or should be sent by registered mail with acknowledgment of receipt within 7 days.
Each copy of an award should be signed and sealed with the stamp in the way the same as original /paragraph 1 of this Article/.
- The IAC should not to deliver or to sent to the parties copies of an award before receiving the whole sum of arbitration fee due to payment according to the Chapter 7 of these Rules.
- Within 30 days upon receipt of an award, either of the parties, with notice to the other party, may request the IAC composition to correct in the text of the award any error in computation, any clerical or typographical errors or any errors of similar nature, as well as to give an interpretation of any specific point or part of the award.
If the IAC composition considers the request justified, it shall make correction or give interpretation of the award within thirty days upon receipt of the relevant request. Such a correction or an interpretation shall form an integral part of the award.
On its own initiative the IAC composition may, within 30 days from the date of making the award, with the notice to the parties, correct any errors referred to in paragraph 1 of this Article.
- Within 30 days upon receipt of the award., each of the parties, with notice to the other party, may request the IAC composition to make an additional award as to claims presented by this party and examined during hearing but not settled in the award. If the IAC composition considers the request justified, it shall make the additional award within 60 days.
In case of necessity the IAC composition may extend the period fixed for correction of errors in an award, its interpretation and making additional award but not more than to 30 days.
- The settlement agreement achieved by the parties during case settlement should be signed by the parties, their appropriate representatives as well as a sole arbitrator or a panel of arbitrators. These signatures should be certified by signature of the IAC Chairman and by a stamp of the IAC.
- On the ground of the settlement agreement the award of the IAC shall be made in accordance with the provisions of Articles 39 and 40 of these Rules.
- The IAC composition shall make a ruling on termination of proceedings if:
1) claimant has withdrawn his claims,
2) parties have agreed on the termination of proceedings,
3) the IAC has found that the continuation of proceedings becomes unnecessary or impossible for any other reason, including partial or full non-payment of the arbitration fee by the claimant.
The withdrawal of the claimant shall not be taken into account if the respondent objects to terminate proceedings and the IAC composition recognizes his legitimate interest in obtaining a final award on the dispute.
- Unless the IAC composition has been established in the fixed manner, factually has ceased to exist or can not meet together, the ruling on termination of proceedings shall be made by the IAC Chairman in case of necessity.
- An award of the IAC shall be final and binding upon the parties. In case of refusal or withdrawal from execution of an award its enforcement shall be made in accordance with the provisions of the rules of international law. In the territory of the Republic of Belarus enforcement of an award of the IAC shall be made in the order provided by economic procedure legislation of the Republic of Belarus.
- Appeal to the Supreme Economic Court of the Republic of Belarus against the award of the IAC may be made only upon an application for setting aside in accordance with Article 43 of the Law of the Republic of Belarus on International Arbitration Court.
- Case proceedings of which are finished or terminated, are deposited in the files of the IAC.
- At the request of the parties the IAC shall provide them with the certified copies of awards and other decisions, in case of necessity, with originals of the documents attached to the materials of the case substituting them with the duly certified copies.
Part III. Arbitral Expenses
Chapter 7. Payment, Apportionment and Compensation of Arbitral Expenses
- Expenses for proceedings in the IAC consist of an arbitration fee and costs related to settlement of a dispute.
- Having submitted the statement of claim the claimant should pay a registration fee.
An amount of registration fee shall be included into the amount of arbitration fee due to payment and is a part of the arbitration fee.
- The registration fees shall be paid in the amount of 150 euro increased to the rate of value added tax (VAT) provided by the legislation of the Republic of Belarus.
- The registration fee should not be refunded or reduced.
The arbitration fee covers the expenses related to the IAC activities, including accommodation and equipment payment, the paid labor of employed officers, arbitrators, secretaries, state taxes payment and so on.
The amount of the arbitration fee as to disputes arising between entities, if the place of location or residence of at least one of them is outside of the territory of the Republic of Belarus, depends on the value of dispute and shall be determined by the scale.
|Value of dispute
( in euro )
( in euro )
|Up to 5 000,00||700,00|
|5 001,00 – 10 000,00||700,00 + 5,5% of amount over 5 000,00|
|10 001,00 – 25 000,00||975,00 + 5,5% of amount over 10 000,00|
|25 001,00 – 50 000,00||1 800,00 + 5% of amount over 25 000,00|
|50 001,00 – 75 000,00||3 050,00 + 4,5% of amount over 50 000,00|
|75 001,00 – 100 000,00||4 175,00 + 4% of amount over 75 000,00|
|100 001,00 – 150 000,00||5 075,00 + 3,5% of amount over
|150 001,00 – 200 000,00||6 825,00 + 3% of amount over
|200 001,00 – 500 000,00||8 325,00 + 1,5% of amount over
|500 001,00 – 1 000 000,00||12 825,00 + 1% of amount over
|1 000 001,00 – 2 000 000,00||17 825,00 + 0,5% of amount over
1 000 000,00
|Over 2 000 000,00||22 825,00 + 0,4% of amount over
2 000 000,00
Unless the claim has a stated value, the rate of the arbitration fee shall be fixed by the IAC Chairman in the amount of not less than 700 euro.
- The amount of the arbitration fee as to disputes arising between entities of the Republic of Belarus:
1) For disputes of property nature an amount of the arbitration fee depends on the value of dispute and shall be determined by the scale.
|Value of dispute
( in rubles of the Republic of Belarus)
( in rubles of the Republic of Belarus)
|Up to 1 000 basic values||50 basic values
|1 000 – 10 000 basic values||5% of 1 000 basic values + 3% of amount over 1 000 basic values|
|Over 10 000 basic values||amount of arbitration fee due for value of dispute 10 000 basic values + 1% of amount over 10 000 basic values|
2) For disputes of non-property nature the amount of the arbitration fee consists of 50 basic values.
- An amount of arbitration fee subject to the first and the second paragraphs of this Article shall be reduced if the dispute is settled by a sole arbitrator;
- Under the simplified procedure of settlement of disputes an amount of arbitration fee shall be determined as amount subject to the second and the third paragraphs of this Article reduced to 10 %. This position shall be applied according to the third paragraphs of Article 67 of these Rules.
- In any case an amount of arbitration fee in disputes arising between entities, if the place of location or residence of at least one of the entities is situated outside of the territory of the Republic of Belarus shall not be less than 700 euro, and in disputes arising between entities of the Republic of Belarus shall not be less than 50 basic values.
- An amount of arbitration fee subject to the first – fifth paragraphs of this Article shall be increased to the rate of value added tax (VAT) provided by the legislation of the Republic of Belarus.
1.If a statement of claim is submitted by an entity, place of location or residence of which is situated outside of the territory of the Republic of Belarus, arbitration fee may be paid by a person submitting a statement of claim or instead of him another foreign entity.
- If a statement of claim is submitted by an entity of the Republic of Belarus arbitration fee may be paid instead of him by another entity of the Republic of Belarus.
- If a statement of claim includes non-property and property claims arbitration fee shall be paid for each claims separately.
- If a statement of claim includes several property claims, an arbitration fee is subject to a value of dispute consists of total values of the claims.
- In case of joining claims to one or more respondents in one statement of claim, a value of dispute shall be determined for each respondent separately unless the responsibility is joint.
- If claimant has not determined a value of dispute or does it incorrectly, the IAC composition or the IAC Chairman, unless the IAC composition is established, may fix or adjust the value of dispute on its own initiative or upon the respondent s request.
- In case of increasing claims claimant shall pay arbitration fee additionally. Increasing claims may be settled only in case of additional payment.
1.In cases when claimant has withdrawn his claims full or partial or in cases of reducing part of the claims the arbitration fee is not refunded.
2.In cases when claimant has withdrawn his claims full or partial because of voluntary satisfaction of the claim by the defendant in full or in part after the claim submitting a defendant at the request of the claimant recovered costs incurred by the latter to pay the arbitration fee.
- In cases when claimant has withdrawn his claims full or partial because of other reasons at the request of the defendant’s expenses incurred wholly or partially reimbursed by the claimant.
- In cases when of the IAC composition reduced the size of the penalty, if the penalty payable is clearly disproportionate to the consequences of breach of an obligation the costs of the claimant the payment of the arbitration fee shall be reimbursed by the defendant in the amount calculated based on the amount of the penalty that would have been recoverable without reducing it.
- In case of termination of proceedings after the full payment of arbitration fee the following amounts shall be refunded to the claimant:
1) 75% of the paid amount of an arbitration fee, if a case has been terminated before the establishment of the IAC composition,
2) 50% of this amount if a case has been terminated after establishment of the IAC composition but before its first hearing,
- If a case has been terminated in the course or after first hearing of the IAC composition, the arbitration fee is not refunded.
- The IAC Chairman shall rule on a partial refund of the arbitration fee.
The registration fee is not subject to the provisions of Article 52 of these Rules pertaining reduction of arbitration fee s amount.
Payment of the arbitration fee in favour of the IAC by the claimant is a necessary condition for initiating the proceedings.
Upon a valid application of a claimant the IAC Chairman may allow to initiate proceedings after payment of not less than 50% of due arbitration fee on condition of payment of the rest before first hearing of the IAC composition.
The costs related to settlement of a case consist of:
1) traveling and other expenses incurred by the arbitrator(s) except for expenses paid by the party in accordance with part 4 of paragraph 3 of Article 5 of these Rules;
2) amounts paid to witnesses, experts (expert bodies), professionals;
3) expenses related to view of the premises, storage and keeping of the material evidence;
4) other expenses of the IAC.
The IAC composition may request the relevant party (parties) to deposit an amount as an advance for the expected arbitration costs related to settlement of a case.
The amount determined by the IAC composition as an advance is deposited by the party on which application the expenses will be incurred. The equal amounts as an advance payment shall be deposited by the parties if the costs are intended for payment of acts initiated by the IAC.
Unless an amount of advance is paid in total within the fixed term, the IAC composition shall allow additional time and explain that extra-payment of relevant amounts may be done by either party or both parties in any proportion.
Unless an advance payment has been made or it has been made in part, the IAC composition has the right to make a ruling to suspend or terminate the proceedings.
The arbitration fee, registration fee and other expenses shall be borne in Euro or in other hard currency calculated in US dollars in accordance with the cross rate of the relevant currency to Euro which shall be converted according to official rate of each currency to Belarusian rubles fixed by the National Bank of the Republic of Belarus on the day of the notice of payment. The party located in the territory of the Republic of Belarus shall make all payments in the currency which is the instrument of payment in the territory of Belarus in accordance with the rate of the National Bank of the Republic of Belarus on the day of payment.
- The arbitration fee and costs of a dispute shall be considered paid on the date when they have been remitted on the account of the IAC.
- The IAC composition awards to the successful party all necessary expenses incurred by this party. If the claim has been met in part the expenses are awarded in proportion to the amount of meeting the claim to the claimant, and in proportion to the part of claim that was rejected to the respondent.
- Regardless of the results of settlement of a dispute the IAC may require one party to reimburse supplementary expenses of the other party if these expenses have been related to the failure to give evidence, committing perjury, as well as any other unscrupulous acts.
- The IAC composition may refuse reimbursement of the costs related to settlement of a dispute in whole or in part if it finds the costs to be redundant.
- 4. In case of a repeated appeal to the IAC for the consideration of the dispute between the same parties on the same subject and on the same grounds of refusal of the recognition and enforcement of decisions of the IAC in a foreign country or because of refusal to issue the enforcement document on the territory of the Republic of Belarus the arbitration fee shall be paid in the amount of 50 % of the arbitration fee`s amount payable in accordance with Article 50 of these Rules but not less than the minimum size specified in Article 50.
The successful party may require to reimburse reasonable expenses from the other party if these expenses have been related particularly to the participation of the successful party s representatives in proceedings.
The request to reimburse expenses related to the participation of the successful party s representatives in proceedings shall be applied as a separate claim.
- After the award has been made the arbitrator(s) shall render a repot to the parties on the deposits received and spent amounts of arbitration costs.
- The rest of the advance amounts is subject to refund.
Part IV. The simplified procedure of settlement of disputes
- The simplified procedure is a settlement of disputes by a sole arbitrator on the basis of only written documents without an oral hearing, except for the cases provided by Article 67 of these Rules.
- The simplified procedure is applied to settlement of disputes arising between entities of the Republic of Belarus, if the value of disputes does not exceed 10 000 basic values.
Under the simplified procedure the period for elimination of defects of the statement of claim, provided by Article 22 of these Rules, should not exceed 10 days after having received the notice of the IAC Chairman to eliminate them.
- A settlement of disputes under the simplified procedure is carried out by a sole arbitrator who may be only the person included in the Recommendation List of Arbitrators.
- Under the simplified procedure the period for achievement by parties the agreement on the main and the reserve sole arbitrator, established by Article 6 of these Rules, is 10 days. Unless the agreement on the main and the reserve sole arbitrator has been achieved, the IAC Chairman shall appoint them.
Under the simplified procedure the period for the respondent to provide a statement of defence, established by Article 24 of these Rules, consist of 10 days.
- In addition to the statement of claim and the statement of defence parties may provide only one additional written statement proving claims or objections of the parties, the claimant may make such additional written statement no later than 10 days after receiving the statement of defence, and the respondent – no later than 10 days after receiving an additional statement of the claimant. A sole arbitrator may under the agreement with the parties to extend the specified periods to provide additional written statements, but not more than 10 days in respect of each party.
- On expiry of the periods referred to in paragraph 1 of this Article, the provision of additional written statements and new evidence is not allowed.
- The counter-claim may be filed not later than the period of provision the statement of defence, established by Article 65 of these Rules.
- An oral hearing under the simplified procedure can be carried out in the following cases:
1) on the initiative of a sole arbitrator at any time prior to making an award,
2) at a written request of one of the parties.
- An application of a party for carrying out an oral hearing has to be filed not later than provision of additional written statement according to paragraph 1 of Article 66 of Rules.
- An application of a party for carrying out an oral hearing is subject to gratification on condition of surcharge by this party of arbitration fee in the case to the full amount of the arbitration fee established according to paragraphs 2 and 3 of Article 50 of these Rules. In this case, the provisions of paragraph 4 of Article 50 of these Rules are not applied.
A sole arbitrator is obliged to consider case under the simplified procedure and to make an award within three months from the date of formation of the composition of the court.
EXEMPLARY TEXTS OF THE ARBITRATION CLAUSES
recommended for including in the contracts by
the International Arbitration Court at
The IAC of the BelCCI recommends to include the following arbitration clause in civil contracts:
“Any dispute, controversy or claim that may arise out of this contract or in connection therewith, including those associated with the change, termination, execution, invalidity or interpretation thereof, shall be referred to the IAC of the BelCCI for consideration in accordance with the regulations thereof.”
The clause (agreement) may include the conditions on the applicable law, the requirements for arbitrators, including the number of arbitrators, the place of hearing, the language of proceedings, as well as any other terms and conditions as agreed by the parties.
One of the doubtless advantages of arbitration method of disputes resolution is the provision to the parties of an opportunity to participate in shaping the composition of the court both by defining the number of the members of the court, and by selecting the specific individuals as a primary arbitrator and a reserve arbitrator.
The parties may agree both on a collegiate consideration (consisting of three arbitrators) and on the sole consideration of their dispute.
Of the Presidium of the International Arbitration Court at the Belarusian Chamber of Commerce and Industry
of February 23, 2012 #2
«On the clarification of certain provisions of the Rules of the International Arbitration Court at the BCCI»
Having considered the practice of application of the Rules of the International Arbitration Court at the Belarusian Chamber of Commerce and Industry the Presidium of the International Arbitration Court at the BCCI
- The second part of Article 3 and paragraph 1 of Article 62 of the Rules of the International Arbitration Court at the BelCCI mean that the disputes between entity -parties of the Republic of Belarus, in which the amount of claim does not exceed 10 000 base values, should be considered by simplified procedure in accordance with part IV of the Rules, unless it otherwise follows from the request of any party to the dispute, including a declaration of an oral hearing or consideration by the collegial composition of the court.
- Articles 22 and 23 of the Rules of the International Arbitration Court at the BelCCI should be understood in the sense that the determination of level of influence of the statement of claim`s flaws on the initiation of settlement in the International Arbitration Court at the BelCCI is the responsibility of the Chairman of the International Arbitration Court at the BelCCI.
- In accordance with Article 25 of these Rules, a counterclaim can be adopted by the International Arbitration Court at the BelCCI to consideration if there is an arbitration agreement in conformity with Article 4 of the Rules, and in case of absence of the arbitration agreement the counterclaim may be adopted if such a counterclaim arises out of the same contract from which the original claim arose.
- In accordance with Article 39 of the Rules of the International Arbitration Court at the BelCCI, decision should be interpreted as a decision solving the dispute or as a decision on termination of the proceedings.
- To recognize the decision of the Presidium of IAC at the BelCCI of February 20, 2004 № 1 “On the Interpretation of the Rules of the International Arbitration Court at the Belarusian Chamber of Commerce and Industry and, in particular, the payment of arbitration fees” (with alterations and amendments of 6 September 2004, of 14 April 2006, of 11 July 2008 and of 28 September 2009) null and void.