A. LEGISLATION AND RULES A.1 Legislation Arbitrations seated in Belgium are governed by the Belgian Law on Arbitration (BLA), which is set out in part VI of the Belgian Judicial Code (BJC). There has been no significant change to the BLA in the year under review, and there are currently no changes under consideration or being proposed at the legislator’s level. A.2 Institutions, rules and infrastructure The Belgian Centre for Arbitration and Mediation (CEPANI) is…
In a judgment of 17 June 2020, the Brussels Court of First Instance refused to set aside an…
BELGIUM Koen De Winter, Michaël De Vroey and Margo Allaerts A. LEGISLATION AND RULES A.1 Legislation Domestic and…
BELGIUM Koen De Winter, Michaël De Vroey and Margo Allaerts A. LEGISLATION AND RULES A.1 Legislation Domestic and international arbitration in Belgium continues to be governed by Part VI of the Judicial Code (articles 1676-1722), which is largely based on the UNCITRAL Model Law. This legislation entered into force on 1 September 2013 and was amended by the Act of 25 December 2016. Belgian arbitration legislation is mostly of a supplemental nature, allowing parties to…
On 12 March 2019, the Brussels Court of Appeal suspended the enforcement of an arbitral award that was…
The Court of Appeal in Brussels has recently handed down an important ruling on the validity of arbitration…
Following a request for a preliminary ruling from the Brussels Court of First Instance (“CFI”), the Constitutional Court (“CC”) held in a judgment of 16 February 2017 that third parties should be entitled to lodge third-party opposition against arbitral awards, but they should not be able to rely on the limited grounds of annulment against arbitral awards to challenge arbitral awards directly. A company that was not a party to an arbitration proceeding, but nevertheless…
The Comprehensive Economic and Trade Agreement (‘CETA’) between the European Union and Canada was signed October 30, 2016.…