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Reservation made upon signature and confirmed upon approval: “In accordance with the article 8 of the Convention the Republic of Belarus shall not apply this Convention to settlement agreements to which it is a party, or to which any governmental agencies or any person acting on behalf of a governmental agency is a party.”

Implementing Legislation

The Law on Mediation was amended on 6 January 2021 to reflect Belarus’ obligations under the Singapore Convention, with the amendments entering into force on 15 January 2021. The amendment included provisions relating to the definition and execution of international mediated settlement agreements.

Procedure for Enforcing International Mediated Settlement Agreements

The procedure for the enforcement of international mediated settlement agreements is set out in the Economic Procedural Code of the Republic of Belarus which was amended on 6 January 2021, and came into force on 15 January 2021. Parties shall make a statement for issuance of the execution document for enforcing a settlement agreement within six months from the day of expiration of voluntary execution of the settlement agreement. The following documents should be provided alongside the statement (art. 2421 Economic Procedural Code):

  • The original mediated settlement agreement;
  • Evidence of the other party’s non-fulfilment of the mediation agreement within the period established therein;
  • A power of attorney confirming the powers of the representative of the party to sign the statement;
  • Confirmation of payment of the state duty;
  • Evidence that the settlement agreement resulted from mediation; and
  • Any other documents as might be required by the court.

Statements of issuance of the execution document for the enforcement of mediation agreements will be considered at a court session (art. 2422 Economic Procedural Code).

  • The session will take place within one month from the day of receipt of the statement.
  • Non-appearance of the parties at the court session will not preclude consideration of the statement.
  • The ruling may appealed according to the rules set out in the code.

Other National Mediation Laws

The Civil Code of the Republic of Belarus contains provisions which requires parties to observe a mandatory pre-trial dispute resolution procedure for economic disputes. This pre-trial complaint comprises of a written proposal on voluntary settlement of the dispute (Art. 10(2) Civil Code).

Beyond the provisions relating to enforcement procedure delineated above, the Economic Procedural Code also contains other provisions relating to mediation, such as relating to the transfer of economic cases under consideration by courts to mediation, subject to the consent of both parties (Art. 401 Economic Procedural Code).

Relevant Parliamentary Debates/Documents

Press Releases