CHAPTER 4 - Belgium - Interim Measures in International Arbitration

Author(s):

Bernard R. Hanotiau

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10 pages

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Published:

June, 2014

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RELIEF PROVIDED BY COURTS

1. (a) Are courts authorized to issue orders of attachment,

injunctions or other provisional orders with respect to

arbitration proceedings?

Yes. Article 1679(2) of the Belgian Judicial Code provides that even

if there is an arbitration agreement, the parties may always request from

domestic courts the granting of conservatory or provisional measures.

(b) If so, please describe the nature of any such provisional

relief that is available.

The parties may request all kinds of provisional measures, without

limitation, including injunctions, attachments, etc.

2. What are the conditions that must be satisfied by an applicant

for a court to grant provisional remedies in relation to

arbitration?

The conditions are the same than those to be fulfilled to obtain

provisional remedies in relation to court cases. You have to show

urgency, the existence of a risk, for example a risk of insolvency of the

debtor and a good probability of success of your claim.

3. (a) If provisional relief in connection with arbitration is

available from a court, may such orders of provisional relief

be in connection with arbitration taking place only in your

country (domestic), or outside the country (foreign) as well?

There is no clear case law in this respect. A court would probably

accept jurisdiction to order provisional relief in connection with an

arbitration taking place outside the country if there is a connection with

Belgium (for example attachment of bank account in Belgium).