A New Arbitration Law for Belgium: UNCITRAL Enters the Scene - ARIA - Vol. 25, No. 1 2014

Author(s): 

Maud Piers

Dirk De Meulemeester

Page Count: 

22 pages

Media Description: 

1 PDF Download

Published: 

August, 2014

Jurisdictions: 

Belgium

Practice Areas: 

UNCITRAL Model Law

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Description: 

Originally from American Review of International Arbitration - ARIA

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I. INTRODUCTION

1. Arbitration is a method of alternative dispute resolution that is based on

party autonomy. In other words, arbitration is a legitimate and meaningful

alternative to state court proceedings only when the parties have chosen this form

as the preferred method of ADR.1 The principle of party autonomy entails not

only the parties’ freedom to choose arbitration, it also grants the parties the

sovereignty (and charges them with the responsibility) to organize the proceedings

in the way they consider most suitable, given the nature of the dispute. Party

autonomy, and the responsibility that comes with it, necessitate a solid arbitration

law that supports the parties’ expressed will and provides for default rules to

supplement the parties’ arrangements. For these reasons, a balanced and

comprehensive lex arbitri is crucial to guarantee an effective and smooth-running

arbitration procedure and to establish confidence in arbitration in general.