Belgium - National Report - World Arbitration Reporter (WAR) - 2nd Edition

Ank Santens is a partner with White & Case LLP, based in New York. She specializes in international commercial and investment arbitration and has conducted arbitrations around the world under all major arbitration rules, as both advocate and arbitrator. A Belgian native, she is trained in civil and common law and advises clients in English, French, Spanish, and Dutch/Flemish. Ms. Santens has a broad range of experience, with particular expertise in the infrastructure/construction and energy industries. She serves on the Executive Committee of the Foundation for International Arbitration Advocacy, the Sub-Committee on the Recognition and Enforcement of Arbitral Awards of the International Bar Association, the International Commercial Disputes Committee of the New York City Bar, and the Advisory Board of the Institute for Transnational Arbitration. She frequently lectures and writes on international arbitration.

Olivier Van Outryve is an independent lawyer based in Brussels. He specializes in the resolution of national and international disputes relating to commercial/construction, energy and financial services matters. He has acted as advisor for governments, international organisations and private companies from around the world. Mr. Van Outryve advises clients in French, English, German, Dutch/Flemish and Spanish. He is a member of the independent Belgian arbitration and mediation center CEPANI.

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Originally from World Arbitration Reporter (WAR) - 2nd Edition

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I. INTRODUCTION: ARBITRATION HISTORY AND INFRASTRUCTURE

A. History and Current Legislation on Arbitration

1. Historical evolution of law relating to arbitration

The origins of arbitration as a voluntary dispute resolution method in Belgium go back to at least the Roman Empire. Over time, this dispute resolution method underwent a number of changes, until the Napoleonic Code of Civil Procedure of 29 April 1806 laid down the legal basis for arbitration, which subsisted in Belgium (which became independent in 1830) until a new arbitration law entered into force in 1972.

The 1972 law enacted into Belgian law the provisions of the European Convention Providing a Uniform Law on Arbitration, adopted in Strasbourg in 1966 under the aegis of the Council of Europe. Belgium was the only member country to have ratified this convention, which never entered into force. The provisions of the 1972 law were incorporated into Part Six of the Belgian Judicial Code (“Judicial Code” or “JC”).

The law dated 27 March 1985 made one revision to the Judicial Code.

The Law of 19 May 1998, Belgian Official Gazette, 7 August 1998, introduced a number of amendments to the Judicial Code, with the aim of updating and upgrading Belgium’s arbitration framework and making Belgium a country of choice for international commercial arbitration. These amendments mirrored modifications made in the arbitration laws of several other countries (in particular, France, the Netherlands and Switzerland) in the years preceding 1998, as well as several provisions of the 1985 UNCITRAL Model Law on International Commercial Arbitration (“UNCITRAL Model Law”).