SCC award enforced in Belarus
The Supreme Court of Belarus recently granted enforcement of an SCC award. The award was rendered in a dispute over a loan agreement, where the tribunal awarded the Lithuanian claimant the outstanding amount owed under agreement by the Belarussian respondent.
The respondent resisted enforcement, but the Supreme Court of Belarus rejected all objections. Among others, the Supreme Court ruled that the respondent had failed to object against the existence of the arbitration agreement during the course of the arbitral proceedings, and initially had agreed to the commencement of the arbitration. In addition, in the opinion of the Court, the respondent’s arguments on the invalidity of the assignment of the claim, which gave the claimant the right to bring claims against the respondent, related to the substantive, not procedural part of the award, and therefore did not constitute ground to refuse enforcement of the award.
Read the decision of the Supreme Court of Belarus (original language)
Read the unofficial translation into English