Exclusive Q&A on Litigation and Dispute Resolution with Alexandre Khrapoutski


Posted: 14th March 2016 11:56

Have there been any recent regulatory changes or interesting developments?

Yes, there has been major regulatory change in Belarus in past year. In 2015 the possibility to recover uncontested debt through obtaining executory endorsement made by notary public was substantially expanded. Now it is also possible to recover uncontested debt under supply, lease, carriage contracts and some others.
Obtaining executory endorsement made by notary public is a simplified out-of-court procedure, which in certain cases replace the writ proceedings in court. On the basis of executory endorsement legal entity is entitled to recover debt without application to the court in uncontested order, as well as a penalty (fine) in connection with such debt.
 
Are you noticing any trends in industry-specific litigation or dispute resolution?

Common trend for Belarusian legal market at the moment is incising number of litigation and arbitral proceedings in general. The substance of services required by clients has changed from provision of legal support for M&A deals and investment projects to protection of debtors’ and creditors’ interests in courts (both state and arbitration) and during liquidation and bankruptcy proceedings.
 
What are the advantages and disadvantages of alternative dispute resolution?

One of the biggest advantages of ADR is “parties’ control”. Parties can choose preferred ADR mechanism, appropriate forum, experts and etc. That also makes resolution of dispute more predictable. Another good advantage of ADR is confidentiality of process.

It is considered that ADR ismore time and cost efficient, however, this point is controversial and would depend on jurisdiction, type of ADR and its outcome. Using ADR, by contrast, could prolong the process of dispute resolution if finishes unsuccessfully. With regard to Belarus depending on type of court proceeding and dispute itself litigation could be even faster and more cost efficient than arbitration and mediation.
 
How has the role of corporate counsel evolved or changed over the years?

Indeed the role of corporate counsels in Belarus has changed during past year. Increasing number of companies focus on strengthening their own legal departments. As a general trend it could be seen the outflow of staff from law firms to corporate sector.

What key trends do you expect to see over the coming year and in an ideal world what would you like to see implemented or changed?

In Belarus it is expected the unification of rules on civil litigation. At the moment civil procedure in Belarus is governed by two codes: the Civil Procedure Code (CPC) and the Code of Economic Procedure (CEP). The CPC regulates the proceedings in the courts of general jurisdiction; the CEP regulates the proceeding of commercial disputes by the economic courts.

Alexandre is the Partner at Sysouev, Bondar, Khrapoutski Law Office. He enjoys strong reputation as arbitrator and litigator.

Alexandre is the member of the Chartered Institute of Arbitrators and a member of the International Bar Association. In 2015 he was reelected for another term as Board Member of Russian Arbitration Association.
Co-author of Commentary on the Civil Code of the Republic of Belarus, the author of numerous publications in the field of business activity and arbitration, manuals and teaching materials in the Republic of Belarus and abroad.

Chambers Global about Alexandre Khrapoutski: “a practitioner who is very well known for his corporate work,” according to interviewees. Clients speak of him as “a lawyer you know you can turn to with delicate and confidential issues.” «He's a good lawyer: very experienced, very flexible, very friendly» - International rating IFLR.

Alexandre can be contacted on + 375 17 3275377 or by email at alexandre.khrapotski@sbh-partners.com

 

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