Litigation and arbitration
Representation in economic and arbitration courts is one of the main specializations of the attorney. Representation can be carried out by the attorney on his own or in a team with other lawyers representing the client and the client’s legal adviser.
Representation is carried out on the basis of the contract of legal services and powers of attorney/proxy issued by the client.
The fee for the representation in economic and arbitration proceedings can be paid on the basis of hourly rates, or as a fixed fee or by using the “success fee” (additional payment for the positive outcome of the case). It should be noted that the “success fee” (additional payment for the positive outcome of the case) is provided for in the contract of legal services separately from the fee for participation in the economic or the arbitration procedure.
Representation in economic courts can be carried out in Belarus, Russia and other states which allow the participation of foreign lawyers in the litigation.
Representation in the arbitration proceedings by the attorney is possible in most countries.
Economic disputes dealt with by the courts and arbitration tribunals encompass:
• Disputes arising while concluding the contract, the obligation to enter into which is provided by law;
• Disputes arising while concluding the contract, the submission of which to economic court has been agreed by the parties;
• modification or termination of the contract;
• non-performance or improper performance of obligations;
• recognition of the rights, including property rights;
• reclamation of the owner or another rightful possessor of the property from unlawful possession;
• violation of the rights of the owner or another rightful possessor, not connected with dispossessing of property;
• damages recovery.