Liedekerke is proud to have successfully represented the #europeanunion in arbitration-related court proceedings before the Belgian Court of cassation.
In its judgment of 24 April 2023, the Court of cassation upheld the lower instance judgment and thereby confirmed that the role of the Tribunal secretary in the international arbitration proceedings had not been improper.
This is also a landmark judgment for the theory and practice of international arbitration in Belgium. At issue before the Court was whether Article 11 of the Judicial Code on the prohibition imposed on judges to delegate their jurisdiction applied, as such, to arbitrators. The Court rejected the argument holding that “with the exception of the sixth part of the Judicial Code [the provision on arbitration based on the UNCITRAL Model Law], the provisions of this code do not apply to arbitration proceedings”.
By ruling as it did, the Court has put an end to an important debate among authors and practitioners about the proper role of the Judicial Code in arbitration proceedings. The judgment is a confirmation that the legal provisions governing arbitrations seated in Belgium must be predictable for international practitioners and as a rejection of a vision of arbitration influenced by national conceptions of judicial law.
Our team is pleased to have contributed to this important judgment for the EU Commission and for arbitration practice in Belgium.
It is also a renewed demonstration of Liedekerke’s strong capabilities in the field, and of the successful collaboration between our Cassation practice (Simone Nudelholc & Michaël Houbben) and our international arbitration team (Bruno Hardy).
For any question on this judgment or on any cassation or arbitration related question, please contact Michaël or Bruno
To read more on our International Arbitration and Dispute Resolution Practice, click here
