A New Belgian Law on Arbitration - Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

Author(s):

Denis Philippe

Page Count:

8 pages

Media Description:

1 PDF Download

Published:

March, 2015

PDF568.03 KB

$40.00

Description:

Preview Page

I. Aim of the Law

“For arbitration to exist and succeed there must be a regulatory framework

which controls the legal status and effectiveness of arbitration in a national and

international legal environment.”1

More and more, we live in an international context. Due to the importance of a

national legislation as basis of arbitration, harmonization of these different rules

is central. Indeed, this harmonization renders international arbitration more

predictable. Fortunately, the UNCITRAL Model Law offers this precious tool

for international harmonization.

It is most welcome that the Belgian legislator has decided to align his law with

the UNCITRAL Model Law which is one of the most advanced and modern

regulations. However, the Belgian law also aims to take into consideration

national peculiarities and to provide an adequate basis for international

arbitration. The new law tries also to provide more efficient legislation.2

Belgium seeks to present itself as a country open to international arbitration

and disposing of the most progressive tools to host these arbitration

proceedings.3

A lot of countries have also adapted their Arbitration law to the UNCITRAL
Model Law