Corporate disputes in Belarus

Corporate disputes in Belarus

In recent years, the number of disputes related to shareholders relations (corporate disputes) has increased. It can be due various reasons: capital accumulation and funds-sharing conflicts between the shareholders, bringing business to insolvency, the desire to sell the business during financial crises or heirs entry into business. Sometimes the reason for corporate disputes is the lack of proper legal execution of agreements between the partners. Some disputes are resolved out of court with professional lawyers and mediators. Other disputes end up in the courts. Often "offended" shareholders appeal to the law enforcement authorities.

According to the Bank of Court Decisions pravo.by, 107 cases related to the shareholding in legal entities were resolved in 2022, which is 1.3% of the total number of cases resolved in the Belarusian economic courts.

courts of Belarus (Article 47 of the Economic Procedural Code of Belarus (EPC). Disputes related to the shareholding in the Belarusian legal entity must be resolved under the legislation of Belarus (the law of the place of incorporation – lex societatis). Corporate disputes are resolved according to the rules of claim proceedings. Generally, a case is resolved by a first-instance court within 2 months.