In 2022, an arbitration on a dispute from an international sale of goods contract concerning a modular building for an energy infrastructure facility was completed at the Arbitration Centre at the RSPP. The contract was signed by a Russian corporation (the buyer) with a Belarusian counterparty (the seller). In the proceedings, the arbitral tribunal concluded that the seller (the defendant) had failed to perform its obligations to draw up the technical specification, deliver the goods and provide a contractual security. By an arbitral award, the defendant was ordered to pay a penalty for each breach of contract that was discovered.
As the defendant failed to enforce the arbitral award voluntarily, the plaintiff applied to the Minsk City Economic Court for recognition and enforcement of the award. In the decision the court stated that no grounds for refusal to recognise and enforce the arbitral award in accordance with Article V of the 1958 New York Convention and the Code of Economic Procedure of the Republic of Belarus were found. The said judicial act has recently become available to the Arbitration Centre and, at the time of its receipt, had entered into legal force.
Commenting the above arbitral award and judicial act, Alexander Grebelsky, Chairman of the International Dispute Panel of the Arbitration Centre at the RSPP, noted that “In this situation, the delivery of procedural documents to the defendant was complicated also by the fact that the defendant had applied for winding-up procedure which was supposed to have been completed before the award was made. Despite these circumstances, the combination of the speed and high quality of the arbitration, the coordinated and professional work of the employees of the Arbitration Centre at the RSPP, as well as the state court necessary assistance, taking interim measures in time, gave the claimant a real opportunity to obtain the awarded payment abroad”.
As a result, the Minsk City Economic Court prohibited the defendant's exclusion from the Unified Register of Legal Entities and Individual Entrepreneurs of the Republic of Belarus in its first decision, and then the arbitral award of the Arbitration Centre at the RSPP was recognized as enforceable.
The decisions of the Minsk City Economic Court can be found here.
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