International Commercial Arbitration at Belgium
International Commercial Arbitration in Belgium is governed by a well-established legal framework that aligns with international standards. Here's an overview:
🇧🇪 Legal Framework
Arbitration Law
Belgium's arbitration regime is primarily governed by Part VI of the Belgian Judicial Code.
The law was modernized in 2013, making it closely aligned with the UNCITRAL Model Law.
It applies to both domestic and international arbitrations unless parties agree otherwise.
International Conventions
Belgium is a signatory to the New York Convention (1958) on the Recognition and Enforcement of Foreign Arbitral Awards.
It is also a party to:
ICSID Convention (International Centre for Settlement of Investment Disputes)
European Convention on International Commercial Arbitration (1961)
⚖️ Key Features of Arbitration in Belgium
Seat of Arbitration: Brussels is a popular seat due to Belgium's central location in Europe and favorable legal environment.
Arbitration-Friendly Courts: Belgian courts are generally supportive of arbitration and tend to respect the autonomy of arbitral tribunals.
Confidentiality: While Belgian law does not impose absolute confidentiality, parties can agree to it contractually.
No Requirement for Institutional Arbitration: Both ad hoc and institutional arbitrations are permitted.
🏢 Arbitral Institutions in Belgium
CEPANI (Belgian Centre for Arbitration and Mediation)
The leading arbitration institution in Belgium.
Offers model clauses, procedural rules, and administrative support.
Provides rules for fast-track proceedings, mediation, and domain name disputes.
📝 Arbitration Agreement Requirements
Must be in writing.
Clearly express the intent to submit disputes to arbitration.
Parties can customize procedures, number of arbitrators, language, etc.
✅ Enforcement of Awards
Domestic and foreign arbitral awards are enforceable in Belgium under streamlined procedures.
Courts may only refuse enforcement on limited grounds per the New York Convention.
🚫 Grounds for Challenging Awards
A party may challenge an award in Belgian courts (action for annulment) based on:
Invalidity of arbitration agreement
Irregular constitution of tribunal
Violation of due process
Arbitrability issues
Public policy violations
Time limit: 3 months from notification of the award.
🇪🇺 Position in Europe
Belgium is considered arbitration-friendly and neutral.
Brussels’ position as an EU capital also makes it attractive for cross-border commercial and investment disputes.
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