Belgium - Baker & McKenzie International Arbitration Yearbook: 2011-2012
Arne Gutermann is a Partner in Baker & McKenzie’s Brussels office. He heads the EMEA and Belgian Trade & Commerce Practice Group of Baker & McKenzie. Mr. Gutermann’s areas of expertise include all forms of commercial contracts, general contract law, mergers & acquisition contracts and commercial litigation and arbitration. He is a regular speaker at conferences regarding Belgian contract law and co-author of Distribution and Agency Laws in Europe and Standard Business Contracts under Belgian Law, an English reference guide for standard commercial contracts under Belgian law.
Joeri Vananroye is an Associate in Baker & McKenzie’s Brussels office and a member of the International Arbitration Practice Group of the Firm’s Global Dispute Resolution Practice Group, as well as member of the Corporate Finance Practice Group. Dr. Vananroye is also a visiting professor in the corporate law program jointly organized by the universities of Brussels (HUB) and Leuven (KULeuven).
Koen De Winter is a Partner in Baker & McKenzie’s Antwerp office and heads the office’s Dispute Resolution Practice Group. During his 30-year professional career, he gained extensive experience in domestic and international litigation and arbitration on a large variety of commercial matters.
Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012
Arne Gutermann, Joeri Vananroye, and Koen De Winter
A. LEGISLATION, TRENDS AND TENDENCIES
A.1 Recent Legislation
There have been no legislative changes in the arbitration law of Belgium since the overview provided in the 2010-2011 edition of The Baker & McKenzie International Arbitration Yearbook.
A.2 Validity of the “Hybrid Arbitration Clause”
One trend that deserves to be discussed is the so-called “hybrid clause,” which offers contracting parties the choice of bringing their dispute, at the moment of its occurrence, either before an arbitrator or before an ordinary judge.
Arne Gutermann and Joeri Vananroye, Brussels; and Koen De Winter, Antwerp
A. Legislation, Trends and Tendencies
A.1 Recent Legislation
A.2 Validity of the "Hybrid Arbitration Clause"
B.1 Invalidity Due to Conflicting Reasons in Award
B.2 Invalidity because of Conflict with Public Policy
C. Public Policy in International Arbitration
C.1 Scenarios of Reliance on Public Policy
C.2 Rules that Constitute "Public Policy" - Recent Examples
C.3 Review of Alleged Breaches of Public Policy