Decisions of foreign courts in Belarus
As a general rule, decisions of foreign courts in commercial disputes are recognized in Belarus and are subject to enforcement if this is provided for by law or an international treaty. The Republic of Belarus is a party to a number of international agreements and conventions that establish mutually binding conditions for the recognition of decisions of foreign courts on the territory of different countries.
For example, in 1992, the Republic of Belarus and Lithuania signed an Agreement on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases, which presupposes mutualconfession And execution solutions By civilian (including economic) and family matters, as well as criminal cases regarding compensation for damage. In addition, similar agreements have been concluded with Bulgaria, Hungary, Vietnam, Iran, Italy, China, Cuba, Latvia, Pakistan, Poland, Serbia, Syria, Slovakia, and the Czech Republic. The provisions of such international agreements are the basis for the enforcement of foreign court decisions in Belarus.
In addition to bilateral ones, the Republic of Belarus is a party to a number of multilateral conventions, for example, the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (concluded in Chisinau in 2002).
Enforcement of a foreign court decision in Belarus
A decision on a commercial dispute is subject to enforcement after the economic court issues a ruling O recognition And bringing him in execution. A lawyer in a case of enforcement of a foreign court decision will help prepare an application to the court, create a package of documents determined by procedural legislation, and ensure representation of the applicant’s interests in court.
Refusal to enforce a foreign court decision in Belarus
As a general rule, the courts of the Republic of Belarus do not evaluate the legality and validity of court decisions adopted abroad. However, procedural legislation defines a number of grounds on which a Belarusian court may refuse to enforce a decision.
The decision of the foreign court has not entered into legal force
As a rule, the original court decision has a corresponding mark from the court office, informing all interested parties about the date the decision entered into force. For example, in Belarus, an interested party will not be able to legalize a decision made by a Belarusian court, i.e. affix an apostille, certify the translation of the decision by a notary, etc., if the decision itself has not entered into legal force.
However, in our practice, there have been cases when the text of the decision itself does not clear the date of its entry into legal force. For example, in a court decision adopted by one of the courts of the Netherlands, there was no corresponding mark on the date of its entry into legal force, and as such there was no procedure for putting such a mark. Such procedural nuances force Belarusian law enforcement officials to seek additional means and ways to confirm the fact that the decision has entered into legal force, which the Belarusian court would consider convincing.
The party to the dispute was not properly notified of the proceedings
The ability to ensure one’s defense in a trial is one of the main guarantees that ensures the principle of adversarial rights of the parties in a trial. For this reason, the lack of proper notification is one of the grounds for refusing to enforce a foreign court decision.
When assessing these circumstances, the court of Belarus checks not only the fact of the notification, but also its timeliness in order to make sure that the party against whom the decision was made had time to provide counter-arguments, formulate a position on the case and appear in court. This approach is a global practice, which is enshrined in a number of international treaties, in particular in Convention O delivery behind border judicial And extrajudicial documents By civilian And trading affairs, prisoner V G. The Hague 15 November 1965 of the year, And Convention By issues civil process, prisoner V G. The Hague 1 Martha 1954 of the year.
A dispute considered by a foreign court falls within the exclusive competence of the court of Belarus
In the judicial practice of Belarus, refusal to recognize a decision of a foreign court on this basis is a special case. However, similar provisions are provided for in a number of international treaties to which the Republic of Belarus is a party: Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (Minsk, 1993).
On consideration ships V Republic Belarus located case By dispute between those same persons O volume same subject And By those same reasons production By to whom excited before excitement production By business V foreign court
These rules are aimed at preventing the so-called “forum shopping” - an attempt by an interested party to choose the most favorable jurisdiction for the consideration of a dispute. In particular, various legal regimes in specific cases, due to the specifics of the legislation, provide for substantive or procedural law that is “more beneficial” for the party to the conflict. For example, in the Republic of Belarus, economic courts do not actively use business customs as a justification for certain decisions made, as in countries of the Anglo-Saxon legal system.
The statute of limitations for enforcement of a foreign court decision has expired
As a general rule, a foreign court decision can be enforced within three years from the date the court decision entered into legal force. If the specified period is missed, it can be restored at the request of the interested party in the manner determined by the procedural legislation of the Republic of Belarus.
Our practice shows that it is extremely important to take into account the running of the statute of limitations, since in commercial disputes it is often difficult to justify that the deadline for recognizing a decision of a foreign court has been missed for a good reason.
Enforcement of a foreign court decision is contrary to public policy of the Republic of Belarus
By public order of the Republic of Belarus it is necessary to understandrebirthing principles international rights, norms Constitution Republic Belarus, provisions international contracts Republic Belarus, basic principles fundamental industries rights. Under basics law and order Not can be understood moral, religious, cultural, economic principles construction public life. Example generally recognized principle international rights, subject application, V volume number at consideration economic (economic) disputes, is principle pacta sunt servanda — every active agreement required For his participants And must them in good faith be carried out.
Please note that when considering an application for recognition and enforcement of a foreign court decision, being checked Not herself essence foreign judicial solutions, A exactly consequences confessions And casts V execution foreign judicial solutions.
Recognition and enforcement of foreign arbitral awards
Recognition of decisions of arbitration bodies is generally similar to the procedure for recognition and enforcement of decisions of foreign courts. In particular, procedural legislation provides for a similar procedure for filing applications in court, as well as grounds for refusing to issue an appropriate determination. The Republic of Belarus is a participant Convention UN O recognition And bringing V execution foreign arbitration decisions, prisoner V G. New York 10 June 1958 year, which creates legal prerequisites for access to Belarusian justice.
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