RULES OF THE INTERNATIONAL ARBITRATION COURT
at the BelCCI
(Approved by the Resolution
of the Belarusian Chamber of Commerce and Industry on June 6, 2000
as amended and added on December 15, 2008).
Part I. General Provisions
Chapter 1. General Provisions.
Article 1.
1. The International Arbitration Court at the BelCCI (hereinafter reffered to as «the
IAC») is a permanent, non-state, non-commercial organization carrying out its activities on a
remunerated basis.
2. 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.
Article 2.
1. The IAC settles:
1. 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 of the territory of the Republic of Belarus;
2. disputes arising between enterprises with foreign investments, international associations
and organizations set up in 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;
3. disputes arising between foreign legal persons and individual entrepreneurs located outside
of the Republic of Belarus;
4. other disputes of an economic nature if the agreement by the parties contains a reference to
the IAC for settlement of a dispute provided and it is not prohibited by legislation of the
Republic of Belarus.
2. The IAC also settles disputes, which fall within its jurisdiction by virtue of the law or
international treaty of the Republic of Belarus.
Article 3.
Any dispute subject to the jurisdiction of the IAC may be settled in arbitral proceedings.
Article 4.
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
Article 5.
1. 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.
2. 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 an reserve presiding arbitrator.
3. 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.
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 a main and a 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.
Article 6.
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.
Article 7.
1. 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.
Unless the main and the reserve arbitrators have been elected during the fixed period,
they shall be appointed by the IAC Chairman.
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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.
2. The arbitrators are independent from the parties that have elected them.
Article 8.
Two arbitrators elected by the parties shall elect the main and the reserve presiding
arbitrators within 10 days. The period 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.
Article 9.
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.
2. The challenge of an expert or interpreter\translator shall be decided by all members
of the IAC composition.
3. 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.
4. 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.
5. 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
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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.
6. The parties may, by mutual agreement, determine the procedure for challenge of
arbitrators, expert, or interpreter\translator.
Article 10.
1. 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.
3. The mandate of an arbitrator shall also be terminated in case of his\her challenge or
self-challenge.
4. After replacement of an arbitrator (a presiding arbitrator) the IAC composition shall
settle the case from the very beginning.
5. 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.
Article 11.
1. 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.
2. 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.
3. 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.
4. 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.
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5. 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.
6. While a request on the matter of competence of the IAC composition is pending,
arbitral proceedings shall be suspended.
Article 12.
1. 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.
2. 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.
3. The IAC composition may make an interim award on a matter of securing the claim.
Chapter 3. General Rules of Proceedings by the International Arbitration
Court at the BelCCI
Article 13.
1. 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.
2. 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.
3. Each party shall be granted equal opportunity to present his claim or defence, as well
as to protect his rights.
Article 14.
The IAC composition shall consider a case and make an award not later than 6 months
upon the date of its establishment.
The IAC Chairman can extend the mentioned period upon a valid application of the
sole arbitrator or presiding arbitrator.
Article 15.
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 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.
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Article 16.
1. 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.
2. The members of the IAC Presidium, the other permanent officers of the IAC and the
reserve arbitrators may be present at the closed hearings. The IAC composition may allow the
confidants (except for representatives holding powers of attorney) of claimant and of
respondent to be present at the closed hearings, but not more than two persons from each party.
3. The participants of closed hearings should keep the obtained information
confidential. A sole arbitrator or presiding arbitrator shall notify them of that.
Article 17.
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.
Article 18.
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.
Article 19.
1. 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.
2. 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.
Article 20.
1. The IAC shall provide the prompt sending and delivery of the case documents for
parties or their representatives.
2. 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.
3. 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
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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.
3-1. 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.
4. 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
Article 21.
1. 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;
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;
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5) an payment of the arbitration fee.
2. The statement of claim shall be submitted with the necessary number of copies
(Article 18 of these Rules).
3. The statement of claim is deemed to be submitted upon the payment of the
registration fee.
Article 22.
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 six months 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.
Article 23.
1. 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.
2. 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.
Article 24.
1. 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.
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.
2. The provisions of Article 18 of these Rules shall apply to the number of copies of the
statement of defence.
Article 25.
1. The respondent has a right to make a counter-claim to the claimant. As a mean of
protection against the primary statement of claim the counter-claim may be also applied in the
cases when its settlement by the IAC is not envisaged by a separate arbitration agreement of
the parties.
2. 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.
3. 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.
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Article 26.
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.
Article 27.
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
Article 28.
1. The settlement of the case shall include an oral hearing.
2. 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.
3. 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.
4. 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.
Article 29.
A sole arbitrator or a presiding arbitrator of a panel of arbitrators shall conduct an oral
hearing.
Article 30.
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
(including counter-claim) if it entails an unjustifiable delay in proceedings in the future.
Article 31.
1. The IAC is not subject to the provisions of the procedural legislation of the Republic
of Belarus.
2. 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
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lawful and valid award. The IAC should take into account the opinions of the parties and
should apply the provisions of these Rules.
Article 32.
1. 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.
2. Inaction of the party should not be treated in itself as an acknowledgement of the
claim or its withdrawal.
3. Each party may request the IAC to settle a case in his absence.
Article 33.
1. 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).
2. 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.
3. 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.
Article 34.
1. 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.
2. 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.
3. 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.
Article 35.
1. 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
or the IAC Chairman, unless the IAC composition is established, should rule on such a matter.
2. The suspended proceedings shall be deemed to be terminated if neither party has
required to renew it within a year upon the date of its suspension.
Article 36.
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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.
Article 37.
1. 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.
2. Excluded.
Article 38.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. The IAC composition which settles the dispute may request the IAC Presidium to
give an interpretation of the applicable law and the existing practice.
Article 39.
The award shall be made in writing and shall be signed by the IAC composition. If an
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.
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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.
Article 40.
1. 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.
2. A sole arbitrator or a presiding arbitrator shall bear the responsibility for a prompt
and correct drawing up of the award.
3. 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/.
Article 41.
1. 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.
2. 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.
Article 42.
1. 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.
2. 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.
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Article 43.
1. 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.
2. 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.
Article 44.
1. 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.
2. 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.
Article 45.
1. In case of non-execution of an award of the IAC, upon an application of a creditor
the IAC Presidium may inform any business partners named by the creditor as well as the
Chambers of Commerce and Industry, other business organizations in the territory of the
Republic of Belarus and abroad of these circumstances. At his own expense the creditor may
report of such non-execution using the services of mass media.
2. A copy of such application shall be sent to the other party by the IAC. The IAC
Presidium may make the arrangements envisaged by the application, as general, upon expiry of
a month from the date of having received a copy of this application by the other party.
Article 46.
1. A case proceedings of which are finished or terminated, are deposited in the files of
the IAC within 15 years.
2. 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.
Article 47.
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1. Expenses for proceedings in the IAC consist of an arbitration fee and costs related to
settlement of a dispute.
2. 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.
Article 48.
1. 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.
2. The registration fee should not be refunded.
Article 49.
The arbitration fee covers the expenses related to the IAC activities, including
accommodation and equipment payment, the paid labour of employed officers, arbitrators,
secretaries, state taxes payment and so on.
Article 50.
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 Arbitration Fee
( 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
100 000,00
150 001,00 - 200 000,00 6 825,00 + 3% of amount over
150 000,00
200 001,00 - 500 000,00 7 825,00 + 1,5% of amount over
200 000,00
500 001,00 – 1 000 000,00 12 325,00 + 1% of amount over
500 000,00
1 000 001,00 – 2 000 000,00 17 325,00 + 0,5% of amount over
1 000 000,00
Over 2 000 000,00 22 325,00 + 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.
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2. 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 Arbitration Fee
( in rubles of the Republic of Belarus) ( in rubles of the Republic of Belarus)
Up to 1 000 basic values 5% of amount of value of dispute but not less
than 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.
3. An amount of arbitration fee subject to this Article shall be increased to the rate of
value added tax (VAT) provided by the legislation of the Republic of Belarus.
Article 51.
1. If a statement of claim includes several claims, 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.
2. 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.
3 Excluded.
Article 52.
1. An amount of arbitration fee which has been determined in accordance with the
previous Article of these Rules is to be reduced in the following cases:
1) Excluded;
2) by 30% if the dispute is settled by a sole arbitrator;
2. In any case an amount of arbitration fee shall not be less than 700 euro.
Article 53.
1. 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,
2. If a case has been terminated in the course or after first hearing of the IAC
composition, the arbitration fee is not refunded.
3. The IAC Chairman shall rule on a partial refund of the arbitration fee.
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The registration fee is not subject to the provisions of Article 52 of these Rules
pertaining reduction of arbitration fee s amount.
Article 54.
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.
Article 55.
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.
Article 56.
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.
Article 57.
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.
Article 58.
The arbitration fee, registration fee and other expenses shall be borne in US dollars or
in other hard currency calculated in US dollars in accordance with the cross rate of the relevant
currency to US dollars 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.
2. 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.
Article 59.
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1. 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.
2. 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.
3. 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.
Article 60.
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.
Article 61.
1. 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.
2. The rest of the advance amounts is subject to refund.
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EXEMPLARY TEXTS OF THE ARBITRATION CLAUSES
recommended for including in the contracts by
the International Arbitration Court at
the BelCCI.
1. All disputes or controversies which may arise out of or relating to present Contract shall be
settled by the International Arbitration Court at the BelCCI in accordance with its Rules. An
award of the International Arbitration Court is final and binding upon both parties.
2. Any dispute, controversy or claim arising out of or relating to the present Contract or the
breach, termination or invalidity thereof shall be settled by the International Arbitration Court
at the BelCCI in accordance with its Rules being in force at this time.
3. Any dispute which may arise out of or relating to present Contract (agreement) shall be
settled by the International Arbitration Court at the BelCCI in accordance with its Rules. The
settlement of the dispute by a state court is excluded. The award of the International
Arbitration Court is final and binding upon both parties.
The agreement on settlement of a dispute by the International Arbitration Court at the BelCCI
which is concluded in the form of a separate document or by exchange of letters, telegrams,
faxes may have the same content.
The arbitration clause or agreement may also include the indications to the applicable law
(what country), a composition of the International Arbitration Court at the BelCCI (sole or
panel of arbitrators), names of the arbitrators elected by the parties, place of arbitration, the
language of proceedings.
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