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BELGIUM ARBITRATION CODE
Belgium
- Code Judiciaire 19 May 1998
Free Translation of the Law of 19 May 1998 Amending
the Belgian Legislation Relating to Arbitration
As amended or introduced for the first time,
the relevant provisions of the Code judiciaire
henceforth read as follows: |
{ 1 } |
|
Whosoever
has capacity or power to contract may conclude
an arbitration agreement. |
{ 3 } |
|
Subject
to the exceptions provided for in the law, public
law legal persons may only conclude an arbitration
agreement when the arbitration agreement relates
to the settlement of disputes regarding the
formation or the performance of an agreement.
Such an arbitration agreement is subject to
the same conditions regarding its formation
as the agreement whose performance is the subject
matter of the arbitration. Furthermore, public
law legal persons may conclude an arbitration
agreement in respect of any matters determined
by law or by royal decree deliberated by the
Council of Ministers. This royal decree may
also determine the conditions and the rules
to be complied with in relation to the formation
of the agreement. |
{ 4 } |
|
1. Arbitrators may be challenged if circumstances
exist that give rise to justifiable doubts as
to their impartiality or independence. |
{ 6 } |
|
2. A party may challenge an arbitrator only for
reasons of which he becomes aware after the
appointment has been made. |
{ 7 } |
|
1. Without prejudice to the provisions of Article
1694, the parties may agree on the rules of
the arbitral procedure and on the place of arbitration. |
{ 9 } |
|
Failing
such agreement within the time limit fixed by
the tribunal, the decision shall be a matter
for the arbitrators. If the place of arbitration
has not been fixed by the parties or the arbitrators,
the place where the award is made as stated
in the award shall be deemed to be the place
of arbitration. |
{ 10 } |
|
2. Unless the parties have agreed otherwise, the
arbitral tribunal may, after consultation of
the parties, hold hearings and meetings at any
other place which it deems appropriate. |
{ 11 } |
|
3. The chairman of the arbitral tribunal shall
regulate the hearings and conduct the proceedings. |
{ 12 } |
|
(1) the two following paragraphs are inserted before
the first paragraph: |
{ 14 } |
|
1. Without prejudice to Article 1679.2, the arbitral
tribunal may, at the request of a party, order
provisional or protective measures, with the
exception of an attachment order. |
{ 15 } |
|
2. Unless the parties have agreed otherwise, the
arbitral tribunal is free to determine the admissibility
of evidence and its evidentiary weight. |
{ 16 } |
|
(2) the first to fourth paragraphs become paragraphs
3 to 6. |
{ 17 } |
|
1. Any affected third party may request the arbitral
tribunal to intervene in the proceedings. Such
request shall be addressed in writing to the
arbitral tribunal which shall communicate it
to the parties. |
{ 19 } |
|
2. A party may serve a notice of joinder on a third
party. |
{ 20 } |
|
3. In any event, in order to be admitted, the intervention
of a third party requires an arbitration agreement
between the third party and the parties in dispute.
Furthermore, it is subject to the unanimous
consent of the arbitral tribunal. |
{ 21 } |
|
The
arbitral tribunal may render a partial or a
final decision by means of one or more awards. |
{ 23 } |
|
Unless
the parties have agreed otherwise, the arbitrators
shall decide the dispute in accordance with
rules of law. |
{ 25 } |
|
When
a public law legal person is a party to an arbitration
agreement, the arbitrators shall decide in accordance
with rules of law, without prejudice to specific
legal provisions. |
{ 26 } |
|
1. Within thirty days of notification of the award,
unless another period of time has been agreed
upon by the parties: |
{ 28 } |
|
(a) party, with notice to the other party, may request
the arbitral tribunal to correct in the award
any clerical errors, any errors in computation,
any typographical errors or any errors of similar
nature; |
{ 29 } |
|
(b) if so agreed by the parties, a party, with notice
to the other party, may request the arbitral
tribunal to give an interpretation of a specific
point or part of the award. If the arbitral
tribunal considers the request to be justified,
it shall make the correction or give the interpretation
within thirty days of receipt of the request.
The interpretation shall form an integral part
of the award. |
{ 30 } |
|
2. The arbitral tribunal may correct any error
of the type referred to it in paragraph (1)
(a) of this Article on its own initiative within
thirty days of the date of the award. |
{ 31 } |
|
3. The arbitral tribunal may extend, if necessary,
the period of time within which it shall make
a correction or an interpretation of the award
under paragraph (1) of this article. |
{ 32 } |
|
4. The provisions of Article 1701 shall apply to
a correction or interpretation of the award. |
{ 33 } |
|
5. When the arbitral tribunal can no longer be
convened, the request for interpretation or
correction of the award must be made before
the Court of First Instance whose President
is competent to grant exequatur in accordance
with the rules of jurisdiction provided for
in Articles 1717 and 1719.2. |
{ 34 } |
|
An
appeal against an arbitral award may only be
made if the parties have expressly provided
for such a possibility in the arbitration agreement.
Unless the parties have agreed otherwise, such
an appeal must be lodged within one month of
the date of notification of the award. |
{ 36 } |
|
The
arbitrators may impose a fine on a party for
non-compliance. Articles 1385 bis to octies
are applicable mutatis mutandis . |
{ 38 } |
|
(1) Paragraph 3 is deleted. |
{ 40 } |
|
(2) New paragraph 4 reads as follows: |
{ 41 } |
|
The
parties may, by an express statement in the
arbitration agreement or by a subsequent agreement,
exclude any application to set aside the arbitral
award where none of the parties is either an
individual of Belgian nationality or residing
in Belgium, or a legal person having its head
office or a branch there. |
{ 42 } |
|
Code
judiciaire Belge: sixième partie - L'arbitrage
(Articles 1676 à 1723) |
{ 43 } |
|
1. Any dispute which has arisen or may arise out
of a specific legal relationship and in respect
of which it is permissible to compromise may
be the subject of an arbitration agreement. |
{ 45 } |
|
2. With the exception of legal persons of public
law, whosoever has the capacity or is empowered
to compromise, may conclude an arbitration agreement.
The state may conclude such an agreement when
a treaty authorizes it to have recourse to arbitration. |
{ 46 } |
|
3. The preceding provisions are applicable without
prejudice to the exceptions provided for in
the law. |
{ 47 } |
|
An
arbitration agreement shall be constituted by
an instrument in writing signed by the parties
or by other documents binding on the parties
and showing their intention to have recourse
to arbitration. |
{ 49 } |
|
1. An arbitration agreement shall not be valid
if it gives one of the parties thereto a privileged
position with regard to the appointment of the
arbitrator or arbitrators. |
{ 51 } |
|
2. Without prejudice to the exceptions provided
for in the law, an arbitration agreement concluded
before a dispute has arisen, which dispute falls
within the competence of the Labour Tribunal
as determined in Articles 578 to 583 ( tribunal
du travail ) is ipso jure null. |
{ 52 } |
|
1. The judge seized of a dispute which is the subject
of an arbitration agreement shall, at the request
of either party, declare that he has no jurisdiction,
unless, insofar as concerns the dispute, the
agreement is not valid or has terminated: this
exception must be proposed in limine litis . |
{ 54 } |
|
2. An application to the judicial authority for
preservation or interim measures shall not be
incompatible with an arbitration agreement and
shall not imply a renunciation of the agreement. |
{ 55 } |
|
An
arbitrator may be any person who has the capacity
to contract, except minors even when no longer
under parental supervision, persons under guardianship
and those who are either permanently or temporarily
excluded from the right to vote. |
{ 57 } |
|
1. The arbitral tribunal shall be composed of an
uneven number of arbitrators. There may be a
sole arbitrator. |
{ 59 } |
|
2. If the arbitration agreement provides for an
even number of arbitrators, an additional arbitrator
shall be appointed. |
{ 60 } |
|
3. If the parties have not settled the number of
arbitrators in the arbitration agreement and
do not agree on the number, the arbitral tribunal
shall be composed of three arbitrators. |
{ 61 } |
|
The
parties may, either in the arbitration agreement
or subsequently thereto, appoint the sole arbitrator
or the arbitrators or entrust the appointment
to a third person. If the parties have not appointed
the arbitrators and have not agreed on a method
of appointment, each party shall, when the dispute
arises, appoint an arbitrator or an equal number
of arbitrators, as the case may be. |
{ 63 } |
|
1. The party who intends bringing a dispute before
an arbitral tribunal shall give notice to the
other party. The notice shall refer to the arbitration
agreement and specify the subject-matter of
the dispute, unless the arbitration agreement
already does so. |
{ 65 } |
|
2. If there is more than one arbitrator, and if
the parties are entitled to appoint them, the
notice shall specify the arbitrator or arbitrators
appointed by the party invoking the arbitration
agreement; the other party shall be invited,
in the notice, to appoint the arbitrator or
arbitrators whom he is entitled to appoint. |
{ 66 } |
|
3. If a third person has been entrusted with the
appointment of a sole arbitrator or of arbitrators
and has not done so, he also shall be given
notice in accordance with paragraph 1 and invited
to make the appointment. |
{ 67 } |
|
4. The appointment of an arbitrator may not be
withdrawn after notification of the appointment. |
{ 68 } |
|
1. If the party or third person to whom notice
has been given in accordance with Article 1683
has not, within a period of one month from the
notice, appointed the arbitrator or arbitrators
whom the party or third person is entitled to
appoint, the President of the Court of First
Instance shall make the nomination at the request
of either party. |
{ 70 } |
|
If
the parties have agreed that there shall be
a sole arbitrator and they have not appointed
him by mutual consent within a period of one
month from the notice under Article 1683, the
appointment shall be made as determined in paragraph
1. |
{ 71 } |
|
1. Where the arbitrators appointed or nominated
in accordance with the foregoing provisions
are even in number, they shall nominate another
arbitrator to be president of the arbitral tribunal.
If they do not agree and if the parties have
not provided otherwise, the President of the
Court of First Instance shall make the necessary
nomination at the request of either party. The
President may be seized after the expiration
of a period of one month from the acceptance
of his office by the last arbitrator or as soon
as the failure to agree is established. |
{ 73 } |
|
2. Where the arbitrators appointed are uneven in
number they shall nominate one of themselves
to be president of the arbitral tribunal unless
the parties have agreed on another method of
appointment. If the arbitrators do not agree,
the nomination shall be made according to paragraph
1. |
{ 74 } |
|
1. In the case dealt with under Articles 1684 and
1685, the decision taken by the President of
the Court of First Instance is not subject to
any other means of recourse. |
{ 76 } |
|
2. The President's decision does not prejudice
either the arbitrator's power to rule in respect
of their own jurisdiction, or a party's right
to invoke the arbitral tribunal's lack of jurisdiction. |
{ 77 } |
|
1. If an arbitrator dies or cannot for a reason
of law or fact perform his office, or if he
refuses to accept it or does not carry it out,
or if his office is terminated by mutual agreement
of the parties, he shall be replaced in accordance
with the rules governing his appointment or
nomination. However, if the arbitrator or arbitrators
are named in the arbitration agreement, the
agreement shall terminate ipso jure . |
{ 79 } |
|
2. A disagreement arising out of any case envisaged
in paragraph 1 shall be brought before the Court
of First Instance on the application of one
of the parties. If the Court decides that there
are grounds for replacing the arbitrator, it
shall nominate his successor, taking into account
the intention of the parties, as appearing from
the arbitration agreement. |
{ 80 } |
|
3. The parties may derogate from the provisions
of this Article. |
{ 81 } |
|
Unless
the parties have agreed otherwise, neither the
arbitration agreement nor the office of arbitrator
shall be terminated by death of one of the parties. |
{ 83 } |
|
The
arbitrator who has accepted his office may not
resign, unless so authorized by the Court of
First Instance at his request. The Court decides
after parties have been heard or summoned under
judiciary notice (sous pli judiciaire ) by the
clerk of the court (greffier ). The Court's
decision is not subject to any other means of
recourse. |
{ 85 } |
|
1. Arbitrators may be challenged on the same grounds
as judges. |
{ 87 } |
|
2. A party may not challenge an arbitrator appointed
by him except on a ground of which the party
becomes aware after the appointment. |
{ 88 } |
|
1. The challenge shall, as soon as the challenger
becomes aware of the ground of challenge, be
notified to the arbitrators and, where applicable,
to the third person who has, in pursuance of
the arbitration agreement, appointed the arbitrator
challenged. The arbitrators shall thereupon
suspend further proceedings. |
{ 90 } |
|
2. If, within a period of ten days of the notice
of the challenge being given to him, the arbitrator
challenged has not resigned, the arbitral tribunal
shall so notify the challenger. The challenger
shall, on pain of being barred, summon the arbitrator
and the other parties to the Court of First
Instance, within a period of ten days after
receiving such notification, otherwise the proceedings
before the arbitrators shall be ipso jure resumed.
The appeal against the decision taken by the
Court of First Instance will be judged according
to Articles 843 to 847 of this Code. |
{ 91 } |
|
3. If the arbitrator resigns or if the challenge
is upheld by the judge, the arbitrator shall
be replaced in accordance with the rules governing
his appointment or nomination. However, if he
has been named in the arbitration agreement,
the agreement shall terminate ipso jure . The
parties may derogate from the provisions of
this paragraph. |
{ 92 } |
|
1. The parties may in the arbitration agreement
exclude certain categories of persons from being
arbitrators. |
{ 94 } |
|
2. If such an exclusion has been disregarded with
respect to the composition of the arbitral tribunal,
the irregularity shall be invoked in accordance
with the provisions of Article 1691. |
{ 95 } |
|
1. Without prejudice to the provisions of Article
1694, the parties may decide on the rules of
the arbitral procedure and on the place of arbitration.
If the parties do not indicate their intention
before the first arbitrator has accepted his
office, the decision shall be a matter for the
arbitrators. |
{ 97 } |
|
2. The president of the arbitral tribunal shall
regulate the hearings and conduct the proceedings. |
{ 98 } |
|
1. The arbitral tribunal shall give each party
an opportunity of substantiating his claims
and of presenting his case. |
{ 100 } |
|
2. The arbitral tribunal shall make an award after
oral proceedings. The parties may validly be
summoned by registered letter, unless they have
agreed upon any other method of summons. The
parties may appear in person. |
{ 101 } |
|
3. The procedure shall be in writing where the
parties have so provided or insofar as they
have waived oral proceedings. |
{ 102 } |
|
4. Each party shall have the right to be represented
by a lawyer or by a representative, in possession
of a special power of attorney in writing, approved
by the arbitral tribunal. Each party may be
assisted by a lawyer or any person of his choice,
approved by the arbitral tribunal. Parties may
not be represented or assisted by an agent d'affaires
. 1 |
{ 103 } |
|
If,
without legitimate cause, a party properly summoned
does not appear or does not present his case
within the period fixed, the arbitral tribunal
may, unless the other party requests an adjournment,
investigate the matter in dispute and make an
award. |
{ 105 } |
|
1. The arbitral tribunal may order a hearing of
witnesses, an appraisal by experts, a visit
to the site, the appearance of parties in person;
the arbitral tribunal may accept an oath as
being decisive or may request a supplementary
oath. It may also order the production of documents
held by a party according to the conditions
provided in Article 877 of this code. |
{ 107 } |
|
2. When the arbitral tribunal has ordered a hearing,
and the witnesses do not appear voluntarily
or refuse to take the oath or to testify, the
arbitral tribunal will authorize the parties,
or one of them, to request the Court of First
Instance, within a fixed period, to appoint
a juge-commissaire , to preside over the investigation.
This hearing will take place according to the
formalities for civil cases. The periods for
arbitration are ipso jure suspended until the
hearing is completed. |
{ 108 } |
|
3. The arbitral tribunal may not order the verification
of signatures nor rule on an objection relating
to the production of documents or upon the alleged
falseness of documents. In this case, it will
leave it to the parties to bring the matter
to the Court of First Instance within a determined
period. |
{ 109 } |
|
4. The periods for arbitration are ipso jure suspended
until the day the tribunal receives notification
by the most diligent party of the final decision
concerning the incident. |
{ 110 } |
|
1. The arbitral tribunal may rule in respect of
its own jurisdiction and for this purpose, may
examine the validity of the arbitration agreement. |
{ 112 } |
|
2. A ruling that the contract is invalid shall
not entail ipso jure the nullity of the arbitration
agreement contained in it. |
{ 113 } |
|
3. The arbitral tribunal's ruling that it has jurisdiction
may not be contested before the judicial authority
except at the same time as the award on the
main issue and by the same procedure. The judicial
authority may at the request of one of the parties
decide whether a ruling that the arbitral tribunal
has no jurisdiction is well founded. |
{ 114 } |
|
4. The appointment of an arbitrator by a party
shall not deprive that party of his rights to
challenge the jurisdiction of the arbitral tribunal. |
{ 115 } |
|
1. The parties may, up to the time of acceptance
of office by the first arbitrator, settle the
period within which the award is to be made
or provide for a method according to which the
period is to be settled. |
{ 117 } |
|
2. If the parties have not prescribed a period
or a method of prescribing a period, if the
arbitral tribunal delays in making the award
and if a period of six months has elapsed from
the date on which all the arbitrators accepted
office in respect of the dispute submitted to
arbitration, the Court of First Instance may,
at the request of one of the parties, stipulate
a period for the arbitral tribunal. The Court's
decision is not subject to any means of recourse. |
{ 118 } |
|
3. The office of arbitrator shall terminate if
the award is not made within the relevant period
unless that period is extended by agreement
between the parties. |
{ 119 } |
|
4. Where arbitrators are named in the arbitration
agreement and the award is not made within the
relevant period, the arbitration agreement shall
terminate ipso jure , unless the parties have
agreed otherwise. |
{ 120 } |
|
Except
where otherwise stipulated, an arbitral tribunal
may make a final award in the form of one or
more awards. |
{ 122 } |
|
The
arbitrators shall make their awards in accordance
with the rules of law unless the contrary has
been stipulated. To be valid, such stipulation
must be made after the notification provided
for in Article 1683. |
{ 124 } |
|
1. An award shall be made after a deliberation
in which all the arbitrators shall take part.
The award shall be made by an absolute majority
of votes, unless the parties have agreed on
another majority. |
{ 126 } |
|
2. The parties may also agree that, when a majority
cannot be obtained, the president of the arbitral
tribunal shall have a casting vote. |
{ 127 } |
|
3. Except where otherwise stipulated, if the arbitrators
are to award a sum of money, and a majority
cannot be obtained for any particular sum, the
votes for the highest sum shall be counted as
votes for the next highest sum until a majority
is obtained. |
{ 128 } |
|
4. An award shall be set down in writing and signed
by the arbitrators. If one or more of the arbitrators
are unable or unwilling to sign, the fact shall
be recorded in the award. However, the award
shall bear a number of signatures which is at
least equal to a majority of the arbitrators. |
{ 129 } |
|
5. An award shall, in addition to the operative
part, contain the following particulars: |
{ 130 } |
|
(a) the names and permanent addresses of the arbitrators; |
{ 131 } |
|
(b) the names and permanent addresses of the parties; |
{ 132 } |
|
(c) the subject-matter of the dispute; |
{ 133 } |
|
(d) the date on which the award was made; |
{ 134 } |
|
(e) the place of arbitration and the place where
the award was made. |
{ 135 } |
|
6. The reasons for an award shall be stated. |
{ 136 } |
|
1. The president of the arbitral tribunal shall
give notice to each party of the award by sending
him a copy thereof, signed in accordance with
paragraph 4 of Article 1701. |
{ 138 } |
|
2. The president of the arbitral tribunal shall
deposit the original of the award with the registry
of the court having jurisdiction; he shall notify
the parties of the deposit. |
{ 139 } |
|
3. The arbitrators' office ends when the award
terminating the litigation has been notified
and deposited according to the preceding provisions. |
{ 140 } |
|
Unless
the award is contrary to ordre public or the
dispute was not capable of settlement by arbitration,
an arbitral award has the authority of res judicata
when it has been notified in accordance with
paragraph 1 of Article 1702 and may no longer
be contested before the arbitrators. |
{ 142 } |
|
1. An arbitral award may be contested before a
judicial authority only by way of an application
to set aside and may be set aside only in the
cases mentioned in this Article. |
{ 144 } |
|
2. An arbitral award may be set aside: |
{ 145 } |
|
(a) if it is contrary to ordre public ; |
{ 146 } |
|
(b) if the dispute was not capable of settlement
by arbitration; |
{ 147 } |
|
(c) if there is no valid arbitration agreement; |
{ 148 } |
|
(d) if the arbitral tribunal has exceeded its jurisdiction
or its powers; |
{ 149 } |
|
(e) if the arbitral tribunal has omitted to make
an award in respect of one or more points of
the dispute and if the points omitted cannot
be separated from the points in respect of which
an award has been made; |
{ 150 } |
|
(f) if the award was made by an arbitral tribunal
irregularly constituted; |
{ 151 } |
|
(g) if the parties have not been given an opportunity
of substantiating their claims and presenting
their case, or if there has been disregard of
any other obligatory rule of the arbitral procedure,
insofar as such disregard has had an influence
on the arbitral award; |
{ 152 } |
|
(h) if the formalities prescribed in paragraph 4
of Article 1701 have not been fulfilled; |
{ 153 } |
|
(i) if the reasons for the award have not been stated; |
{ 154 } |
|
(j) if the award contains conflicting provisions. |
{ 155 } |
|
3. An award may also be set aside: |
{ 156 } |
|
(a) if it was obtained by fraud; |
{ 157 } |
|
(b) if it is based on evidence that has been declared
false by a judicial decision having the force
of res judicata or on evidence recognised as
false; |
{ 158 } |
|
(c) if, after it was made, there has been discovered
a document or other piece of evidence which
would have had a decisive influence on the award
and which was withheld through the act of the
other party. |
{ 159 } |
|
4. A case mentioned in sub-paragraph (c), (d) or
(f) of paragraph 2 shall be deemed not to constitute
a ground for setting aside an award where the
party availing himself of it had knowledge of
it during the arbitration proceedings and did
not invoke it at the time. |
{ 160 } |
|
5. Grounds for the challenge and exclusion of arbitrators
provided for under Articles 1690 and 1692 shall
not constitute grounds for setting aside within
the meaning of paragraph 2 (f) of this Article,
even when they become known only after the award
is made. |
{ 161 } |
|
If
there are grounds for setting aside any part
of an award, that part shall be set aside only
if it can be separated from the other parts
of the award. |
{ 163 } |
|
1. The grounds for setting aside an arbitral award
shall, on pain of being barred, be put forward
by the party concerned in one and the same proceedings,
except, however, in the case of a ground for
setting aside provided for in paragraph 3 of
Article 1704 where the ground is not known until
later. |
{ 165 } |
|
2. An application to set aside an award shall be
admissible only where the award may no longer
be contested before arbitrators. |
{ 166 } |
|
1. An application to set aside an award, based
on one of the grounds provided for in paragraph
2 (c) to (j), of Article 1704 shall, on pain
of being barred, be made within a period of
three months from the date on which the award
was notified. However, that period shall begin
to run only from the date on which the award
is no longer capable of contestation before
arbitrators. |
{ 168 } |
|
2. The defendant in an application to set aside
an award may apply, in the same proceedings,
for the award to be set aside, even if the period
laid down in paragraph 1 has expired. |
{ 169 } |
|
3. An application to set aside an award, based
on one of the grounds provided for in paragraph
3 of Article 1704, shall be made within a period
of three months from either the date of the
discovery of the fraud, document or other piece
of evidence, or the date on which the evidence
was declared false or recognised as false, provided
that a period of five years from the date on
which the award was notified in accordance with
paragraph 1 of Article 1702 has not expired. |
{ 170 } |
|
4. The judicial authority seized of an application
to set aside an award shall examine proprio
motu whether the award is contrary to ordre
public and whether the dispute was capable of
settlement by arbitration. |
{ 171 } |
|
1. If the arbitral tribunal has forgotten to decide
on one or more points of the dispute that can
be separated from the points on which it has
ruled, this tribunal may, if so requested by
a party, complete its award even if the period
provided for in Article 1698 has expired, unless
the other party contests that points have been
omitted or that the omitted points can be separated
from the points on which a decision has been
taken. |
{ 173 } |
|
2. In this case the dispute is brought to the Court
of First Instance by the most diligent party.
The court refers the parties back to the arbitral
tribunal in order to complete the award, if
it decides that the omitted points can be separated
from the points on which the arbitral tribunal
has taken a decision. |
{ 174 } |
|
The
arbitrators may order provisional execution
of their awards notwithstanding appeal and without
prejudice to the rules of " cantonnement
". They may also subject the provisional
execution to the establishment of a guarantee
according to the rules of this Code. |
{ 176 } |
|
1. The arbitral award may be enforced only after
the enforcement formula has been apposed by
the President of the Court of First Instance,
on the application of the interested party.
The party against whom enforcement is sought,
cannot present his views at this stage of the
procedure. |
{ 178 } |
|
2. The President may only appose the enforcement
formula on the award when the award is no longer
capable of being contested before the arbitrators
or if arbitrators have granted provisional enforcement
notwithstanding appeal. The President's decision
is enforceable notwithstanding any recourse
without prejudice to the application of Article
1714. |
{ 179 } |
|
3. The President shall refuse the application if
the award or its enforcement is contrary to
ordre public or if the dispute was not capable
of settlement by arbitration. |
{ 180 } |
|
4. Within the five days following the making of
the award, the decision is notified, under judiciary
cover ( sous pli judiciaire ) by the clerk of
the court (greffier ) to the petitioner. |
{ 181 } |
|
1. If the application is denied, the petitioner
may give notice of appeal to the Court of Appeal
within a period of one month from notification.
Appeal is notified to the party against whom
enforcement is sought by a notification by means
of a summons served by a bailiff (par exploit
d'huissier ). |
{ 183 } |
|
2. If this party seeks to secure the setting aside
of the award without having previously made
application for this, this party must on pain
of being barred, make this application before
the Court of First Instance, within a period
of one month from the date of the service of
the act of appeal. The court of appeal stays
proceedings until a final judgment has been
rendered concerning the application to set aside
the award. |
{ 184 } |
|
1. The decision granting exequatur must be served
by the party who has applied for it to the other
party. This decision is subject to an appeal
brought before the Court of First Instance within
a period of one month from the date on which
the service has been made. |
{ 186 } |
|
2. A party exercising this right of appeal and
who seeks to secure the setting aside of the
award without having previously made an application
for this shall, on pain of being barred, make
his application in the same proceedings and
within the period prescribed in paragraph 1.
A party who, while not exercising the right
of appeal provided for in paragraph 1, seeks
to secure the setting aside of an award shall,
on pain of being barred, make his application
for setting aside within the period prescribed
in paragraph 1. |
{ 187 } |
|
1. In the cases dealt with under Articles 1711
and 1712, the applications for setting aside
based on the lack of a valid arbitration agreement
are not subject to the period prescribed in
paragraph 1 of Article 1707. |
{ 189 } |
|
2. Without prejudice to the provisions of paragraph
3 of Article 1707, if, a party has become aware
of one of the grounds for setting aside mentioned
in paragraph 3 of Article 1704 only after the
decision granting or refusing enforcement has
been served upon him, that party may apply for
the setting aside of the award on this ground,
even if the period prescribed in Article 1711
and 1712 has expired. |
{ 190 } |
|
1. In the case either of an appeal against the
decision apposing an enforcement formula to
an award or of an application for an award to
be set aside, the judge may, at the request
of one of the parties, order the enforcement
of the award to be stayed, or that enforcement
will depend on the constitution of a guarantee. |
{ 192 } |
|
2. A decision apposing an enforcement formula to
an award shall be without effect to the extent
that the arbitral award has been set aside. |
{ 193 } |
|
1. Where, before an arbitral tribunal, a compromise
has been entered into between the parties in
order to put an end to a dispute of which the
tribunal is seized, that compromise may be recorded
in an instrument prepared by the arbitral tribunal
and signed by the arbitrators as well as by
the parties. The instrument shall be subject
to the provisions of paragraph 2 of Article
1702. The instrument may, on the application
of the interested party, have an enforcement
formula apposed to it by the President of the
Court of First Instance. |
{ 195 } |
|
2. The President of the Court of First Instance
shall refuse the application if the compromise
or its enforcement is contrary to ordre public
or if the dispute was not capable of settlement
by arbitration. |
{ 196 } |
|
3. Within the five days following its pronouncement
the decision is notified, under judiciary cover
( sous pli judiciaire ) by the clerk of the
court (greffier ) to the petitioner. |
{ 197 } |
|
1. The decision apposing an enforcement formula
to an instrument recording a compromise must
be served by the party who has applied for it
to the other party. This decision is open to
appeal before the Court of First Instance within
a period of one month from the date it was served. |
{ 199 } |
|
2. If the application is denied, the petitioner
may give notice of appeal according to Article
1711. |
{ 200 } |
|
3. The decision apposing an enforcement formula
to an instrument recording a compromise is void
to the extent the compromise has been annulled. |
{ 201 } |
|
1. Except in the case provided for in paragraph
2 of Article 1719, the court that is competent
to apply part VI of this Code is the court designated
by the arbitration agreement or in a later agreement,
concluded before the designation of the place
of arbitration. |
{ 203 } |
|
2. If the parties have reached no agreement, the
court of the place of arbitration has jurisdiction.
If no place of arbitration has been designated,
that court has jurisdiction in whose district
the court is situated that would have been competent
if the dispute had not been submitted to arbitration. |
{ 204 } |
|
3. All this without prejudice to the provisions
of Article 630 of this Code and international
conventions. |
{ 205 } |
|
4. The Belgian Court can take cognizance of an
application to set aside only if at least one
of the parties to the dispute decided in the
arbitral award is either a physical person having
Belgian nationality or residing in Belgium,
or a legal person formed in Belgium or having
a branch (une succursale ) or some seat of operation
(un siège quelconque d'opération ) there. * |
{ 206 } |
|
1. Where the appeal from a judgment of the Court
of First Instance or of the Court of Commerce
has been submitted to arbitration the arbitral
award can only be enforced after the Court of
Appeal has granted the enforcement formula,
the party against whom execution is sought having
been summoned. |
{ 208 } |
|
2. If this party seeks to secure the setting aside
of the award without having previously introduced
a petition for this purpose, he must introduce
his application to set aside during the same
proceedings, on pain of being barred, without
prejudice to the provisions of Article 1713. |
{ 209 } |
|
3. The decisions taken by the Court of Appeal are
not subject to appeal. |
{ 210 } |
|
1. The President of the Court of First Instance
decides, upon request, on the petition for exequatur
of arbitral awards rendered abroad in pursuance
of an arbitration agreement. |
{ 212 } |
|
2. The petition is brought before the President
of the Court of First Instance in whose jurisdiction
the party against whom enforcement is sought
has its domicile, and in default of domicile,
its residence. If this party has neither domicile
nor residence in Belgium, the petition will
be brought to the President of the Court of
First Instance of the place where the award
must be enforced. |
{ 213 } |
|
3. The petitioner elects domicile in the Court's
district. |
{ 214 } |
|
4. He joins to the request the original of the
award as well as the arbitration agreement or
copies thereof which fulfil the necessary conditions
as to their authenticity. |
{ 215 } |
|
5. The President of the Court verifies the petition
and may for this purpose, summon the petitioner
and the party against whom enforcement is sought
to his chambers ( en chambre du conseil ). The
writ of summons is served to the parties under
judiciary cover (sous pli judiciaire ) by the
clerk of the court (greffier ). |
{ 216 } |
|
Within
the five days following its pronouncement, the
decision of the President of the Court of First
Instance is notified, under judiciary cover
(sous pli judiciaire ) by the clerk of the court
(greffier ) to the petitioner. |
{ 218 } |
|
If
the application is denied, the petitioner may
give notice of appeal to the Court of Appeal
within a period of one month from notification
of the decision. This appeal is introduced by
service of a bailiff to the party against whom
enforcement is sought containing a summons to
appear before the court. |
{ 220 } |
|
The
decision granting exequatur must be served by
the party who has applied for it to the other
party. This decision may be appealed to the
Court of First Instance within a period of one
month from the date on which it has been served. |
{ 222 } |
|
Except
when a treaty between Belgium and the country
where the award has been rendered is applicable,
the President refuses to grant exequatur: |
{ 224 } |
|
1. if the arbitral award is still open to appeal
before the arbitrators and if the arbitrators
have not ordered provisional enforcement notwithstanding
appeal; |
{ 225 } |
|
2. if the award or its enforcement is contrary
to ordre public , or if the dispute is not capable
of settlement by arbitration; |
{ 226 } |
|
3. if there exists a ground for setting aside as
provided in Article 1704. |
{ 227 } |
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