In the contract with a debtor an arbitration or prorogation clause may be agreed upon. In this case, a question arises whether a creditor shall apply to the arbitration or court specified in the clause.
Bankruptcy cases of legal entities and individual entrepreneurs located in Belarus belong to the exclusive competence of economic courts, even if a foreign legal entity is involved in the case . Данная исключительная компетенция белорусского суда не может быть изменена по соглашению сторон. This exclusive competence of a Belarusian court cannot be changed by the agreement of the parties. The transfer of a bankruptcy case to a tribunal is expressly prohibited by law .
Therefore, a Belarusian court at the debtor's place conducts bankruptcy proceedings against a Belarusiandebtor .
Accordingly, a creditor's claim, including claims for payment of a principal debt, penalties, loss, return of leased property, etc., is subject to consideration in the order set by the law on bankruptcy: by submitting a creditor's claims to a bankruptcy administrator, even if a relevant contract contained an arbitration or prorogation clause.