LAW OF THE REPUBLIC OF BELARUS

of July 18, 2011 No. 301-Z

About reference tribunals

It is accepted by the House of Representatives on June 24, 2011

Approved by Council of the Republic on June 30, 2011

Are determined by this Law procedure for creation (education) and activities of reference tribunals (except for the international Arbitration (arbitration) Courts), requirements imposed to the arbitration agreement, procedure for arbitration and execution of decisions of reference tribunals and also are regulated other questions connected with activities of these courts.

Chapter 1. Basic provisions

Article 1. Concept of reference tribunal

Reference tribunal is the organization which is not entering judicial system of the Republic of Belarus, created for the dispute resolution in the form of the permanent reference tribunal or reference tribunal formed by agreement of the parties for permission of specific dispute (further - reference tribunal for permission of specific dispute).

Article 2. Legal regulation of the relations connected with creation and activities of reference tribunals

The relations connected with creation and activities of reference tribunals are regulated by the legislation on reference tribunals, and also international treaties of the Republic of Belarus.

The legislation on reference tribunals is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 3. Permanent reference tribunal

The permanent reference tribunal is non-profit organization or separate division (division) of the legal entity.

State bodies, including local government bodies, cannot form reference tribunals.

For creation and activities of permanent reference tribunal founders (one of founders under the agreement between them) in case the permanent reference tribunal is created as non-profit organization, or the legal entity in case the permanent reference tribunal is created as separate division (division) of this legal entity, shall approve regulations of permanent reference tribunal which determine procedure for its activities, the rule of arbitration, the list of arbitration judges containing the information about arbitration judges (birth date, education, specialty, the last place of employment, general working life, length of service in the specialty, circle of questions in the field of which the arbitration judge specializes).

The regulations of permanent reference tribunal shall correspond to the standard regulations of permanent reference tribunal approved by Council of Ministers of the Republic of Belarus.

The permanent reference tribunal created as non-profit organization acts on the basis of the approved it as founders of the charter which shall contain in addition to the data established by legal acts, data on structure and competence of governing bodies of permanent reference tribunal, procedure for education and use of its property. The permanent reference tribunal created as non-profit organization, having the right to have symbolics which is subject to state registration according to the legislation on official heraldic symbols.

The permanent reference tribunal created as separate division (division) of the legal entity acts on the basis of the provision approved by the head of the legal entity.

The permanent reference tribunals created as non-profit organizations are subject to state registration. The permanent reference tribunals created as separate divisions (divisions) of legal entities are subject to registration. Decisions of the permanent reference tribunal which is not registered or not registered according to the procedure, established by this Law, have no legal force and are not subject to execution.

Article 4. Reference tribunal for permission of specific dispute

The reference tribunal for permission of specific dispute is formed by the parties of the arbitration agreement and stops the activities with the end of arbitration for this dispute.

The procedure for education and activities of reference tribunal for permission of specific dispute is determined by the arbitration agreement taking into account provisions of this Law.

Article 5. Principles of activities of reference tribunal

Activities of reference tribunal are based on the principles:

the legality meaning that in case of the dispute resolution arbitration judges are guided by regulations of the Constitution of the Republic of Belarus, this Law and other acts of the legislation;

the independence meaning that in case of the dispute resolution arbitration judges are independent make decisions in the conditions excluding any impact on them;

competitivenesses and equalities of the parties meaning that the parties in arbitration are given the equal rights and obligations;

autonomies of the will of the parties meaning that the parties under preliminary approval among themselves have the right independently to resolve the issues concerning procedure for arbitration on the arisen dispute;

the confidentiality meaning that participants of arbitration of the parties having no right without consent to disclose the data which became to them known in the arbitration course;

observance of the right of the parties to legal aid;

assistance to the parties in achievement of the voluntary settlement by them at any stage of arbitration;

the obligation for the parties of decisions of reference tribunal meaning that the parties which signed the arbitration agreement assume duty voluntarily to fulfill decisions of reference tribunal;

the finality of the decisions made by reference tribunal meaning that they cannot be appealed within arbitration;

onerousness of the activities of arbitration judges meaning that for the activities for the dispute resolution arbitration judges have the right to earn reward. Activities of arbitration judges are not entrepreneurial.

Article 6. State registration, registration of permanent reference tribunal. State registration of the changes and (or) additions made to the charter of permanent reference tribunal

State registration of the permanent reference tribunal created as non-profit organization is performed by the Ministry of Justice. Registration of the permanent reference tribunal created as separate division (division) of the legal entity is performed by head department of justice regional (The Minsk city) executive committee in the location of the legal entity (further – the relevant head department of justice).

For state registration of the permanent reference tribunal created as non-profit organization are represented to the Ministry of Justice:

the application for state registration signed by founders (one of founders under the agreement between them);

the charter of permanent reference tribunal in duplicate without notarial attestation, its electronic copy (in the .doc or .rtf format);

regulations of permanent reference tribunal;

the original or the copy of the payment document confirming payment of the state fee except for of case when the state fee is paid by means of use of the automated information system of single settlement and information space (further – the ERIP system) and the accounting transaction number (transactions) in single settlement and information space is specified in the statement for state registration or reported by different way in case of submission of such statement;

the agreement of founders of permanent reference tribunal if it provides right to sign of the statement for state registration by one of founders.

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