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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 legislature’s level. However, noteworthy is the entry into force of Book V of the Belgian Civil…

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, which is largely based on the UNCITRAL Model Law. A.1.1 Brussels International Business Court In 2018, the Belgian Government introduced a draft law concerning the establishment of a Brussels International Business Court (BIBC). The purpose of the BIBC was to provide a…

The Court of Appeal in Brussels has recently handed down an important ruling on the validity of arbitration clauses. Under Belgian law, any dispute relating to a ‘defined legal relationship’ can be submitted to arbitration. As such, an arbitration clause must define the scope of any potential dispute arising between the parties. By a judgement of 4 September 2018, the Brussels Court of Appeal essentially held that the absence of such delimitation will cause the…