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 }

 
Article 1676.2

 
 { 2 }

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 }

 
Article 1690.

 
 { 5 }

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 }

 
Article 1693.

 
 { 8 }

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 }

 
Article 1696.

 
 { 13 }

(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 }

 
Article 1696 bis

 
 { 18 }

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 }

 
Article 1699.

 
 { 22 }

The arbitral tribunal may render a partial or a final decision by means of one or more awards.

 { 23 }

 
Article 1700.

 
 { 24 }

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 }

 
Article 1702 bis

 
 { 27 }

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 }

 
Article 1703.2

 
 { 35 }

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 }

 
Article 1709 bis

 
 { 37 }

The arbitrators may impose a fine on a party for non-compliance. Articles 1385 bis to octies are applicable mutatis mutandis .

 { 38 }

 
Article 1717.

 
 { 39 }

(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 }

 
Article 1676

 
 { 44 }

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 }

 
Article 1677

 
 { 48 }

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 }

 
Article 1678

 
 { 50 }

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 }

 
Article 1679

 
 { 53 }

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 }

 
Article 1680

 
 { 56 }

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 }

 
Article 1681

 
 { 58 }

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 }

 
Article 1682

 
 { 62 }

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 }

 
Article 1683

 
 { 64 }

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 }

 
Article 1684

 
 { 69 }

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 }

 
Article 1685

 
 { 72 }

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 }

 
Article 1686

 
 { 75 }

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 }

 
Article 1687

 
 { 78 }

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 }

 
Article 1688

 
 { 82 }

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 }

 
Article 1689

 
 { 84 }

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 }

 
Article 1690

 
 { 86 }

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 }

 
Article 1691

 
 { 89 }

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 }

 
Article 1692

 
 { 93 }

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 }

 
Article 1693

 
 { 96 }

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 }

 
Article 1694

 
 { 99 }

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 }

 
Article 1695

 
 { 104 }

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 }

 
Article 1696

 
 { 106 }

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 }

 
Article 1697

 
 { 111 }

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 }

 
Article 1698

 
 { 116 }

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