The 2013 Developments in Belgian Arbitration Law
Journal Title: ADR. Arbitraż i Mediacja - Year 2015, Vol 1, Issue 29
Abstract
On 1 September 2013, a new arbitration law entered into force in Belgium (“2013 Law” or “new law”) . This new law applies to all arbitration proceedings that were launched after 1 September 2013 and is by far the most extensive reform of Belgium’s arbitration legislation to date . Arbitration law in Belgium dates from 1806, but the first arbitration statute in the modern era was introduced in the Belgian Judicial Code (“BJC”) in 1972 . Since then, it has been amended only twice: in 1985 and in 1998 . The 1985 amendment concerned solely the famous exclusion of any award annulment proceedings, which ¬applied always if none of the parties to the proceedings had Belgian citizenship, was domiciled in Belgium, or had its seat or branch in Belgium . But this exclusion was abolished afterwards in an amendment to Belgian arbitration law in 1998 (“1998 Law” or “old law”). The 1998 Law had many amendments that took into account the developments in foreign arbitration laws. The 1998 Law also considered the ¬UNCITRAL Model Law, but it did not transpose the latter . The amendments in the 2013 Law introduced a comprehensive reform of Belgian arbitration law and were based on a nearly-complete transposition of the ¬UNCITRAL Model Law . The 2013 amendments, like the amendments contained in the earlier reforms, are meant to promote Belgium as an arbitration-friendly country and to encourage international parties to choose Belgium as the seat of their arbitration proceedings . To achieve this end, these changes focus on modern legal methods that increase flexibility and efficiency of arbitration proceedings .
Authors and Affiliations
Jean-Pierre Fierens, Joanna Kolber
Keywords
Related Articles
- EP ID EP181578
- DOI -
- Views 30
- Downloads 0
Sąd polubowny jako organ wymiaru sprawiedliwości
This study aims to characterize arbitration as a judicial authority. To identify the sources of arbitration is extremely important from the point of view of its functioning. The main intention of the author is to answer...
Anti-suit injunctions wydawane przez sądy polubowne
This article considers anti-suit injunction issued by arbitral tribunals as a method of securing their jurisdiction and arbitration agreement. Firstly, it discusses the arbitral tribunal’s authority to grant an anti-suit...
Arbitration in France – Some New Trends
Among the most arbitration-friendly jurisdictions in the world, France is undoubtedly ranked at the top. In fact, Paris is consistently ranked first as the most frequent seat for arbitration, regardless of the subject ma...
Uwagi na temat arbitrażu w przedmiocie rozstrzygania sporów o nazwy domen internetowych
Remarks on the arbitration of resolving Internet domain name disputes In this article the author briefly points out some of the fundamental problems with arbitration which concerned resolving domain name dispute resoluti...
Zdatność arbitrażowa sporów w Stanach Zjednoczonych Ameryki
Arbitrability in American legal systems differs in many aspects from the continental definition of this term. It is much broader. It seems as if the American non-arbitrability is the equivalent to continental arbitrabili...