Originally from: Baker & McKenzie International Arbitration Yearbook: 2012-2013

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A. LEGISLATION, TRENDS AND TENDENCIES

There have been no legislative changes in the arbitration law of Belgium since the overview provided in the 2011 2012 edition of the Baker & McKenzie International Arbitration Yearbook.

B. CASES

B.1 State Courts Competent Notwithstanding Valid Arbitration Clause

Pursuant to Article 2(1) of the New York Convention3 “[e]ach Contracting State shall recognize an agreement in writing under which the parties undertake to submit to arbitration all or any differences which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not, concerning a subject matter capable of settlement by arbitration.”

Article 2(3) of the New York Convention further stipulates that “[t]he court of a Contracting State, when seized of an action in a matter in respect of which the parties have made an agreement within the meaning of this article, shall, at the request of one of the parties, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed."