A. LEGISLATION AND RULES A.1 Legislation A Bill was passed on 28 March 2024 – and applies to any arbitration initiated as of 8 April 2024 – to amend certain provisions of the Judicial Code relating to arbitration to reflect the evolution of the arbitration practice in Belgium (as notably influenced by international arbitration trends). The key provisions that were amended are: These amendments are included in the Judicial Code to ensure greater clarity of…
A. LEGISLATION AND RULES A.1 Legislation Arbitrations seated in Belgium are governed by the Belgian Law on Arbitration…
A. LEGISLATION AND RULES A.1 Legislation Arbitrations seated in Belgium are governed by the Belgian Law on Arbitration…
In a judgment of 17 June 2020, the Brussels Court of First Instance refused to set aside an ICC award in favour of the European Commission based on allegations that it was partly drafted by a tribunal secretary, ruling there was nothing wrong with the practice so long as the arbitrator(s) review and correct their work. In 2009, the European Commission (“Commission”) concluded a contract with two contractors – a Cypriot company and the subsidiary…
BELGIUM Michaël De Vroey and Margo Allaerts A. LEGISLATION AND RULES A.1 Legislation Domestic and international arbitration in…
BELGIUM Michaël De Vroey and Margo Allaerts A. LEGISLATION AND RULES A.1 Legislation Domestic and international arbitration in…
On 12 March 2019, the Brussels Court of Appeal suspended the enforcement of an arbitral award that was considered de facto illegal State aid by the European Commission, pending a final decision of the EU General Court. It also requested a preliminary ruling from the European Court of Justice (“ECJ”) regarding the impact of EU decisions on the Member States’ obligation to enforce arbitral awards. The case concerned the enforcement of economic benefits derived from…
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…
The Comprehensive Economic and Trade Agreement (‘CETA’) between the European Union and Canada was signed October 30, 2016. The deepening of Canadian and European trade is likely to be significant in the wake of Brexit and the uncertain future of American trade policy. The Investment Court System (‘ICS’) of CETA has been hotly debated, and in 2016 threatened to derail the entire agreement when the local Parliament of Wallonia, Belgium initially vetoed the agreement. The…