The 2013 Developments in Belgian Arbitration Law

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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

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EP ID EP181578
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