b-Arbitra | Belgian Review of Arbitration

Volume 2019 (2019)

Volume 2019 (2019) / Issue 2

Herman Verbist, Luc Demeyere, 'Arbitrage en de Hoogste Belgische Gerechtshoven (1904-2019)' (2019) 2019 b-Arbitra | Belgian Review of Arbitration, Issue 2, pp. 349–438




The Belgian Supreme Courts, namely the Constitutional Court, the Court of Cassation and the Council of State, had the opportunity to deal a number of times with arbitral proceedings and arbitral awards. In this contribution, the authors examine the case law of these highest courts of Belgium in the field of arbitration that they know of and that has been published. This includes 3 decisions rendered by the Constitutional Court, 2 decisions rendered by the Council of State and 57 decisions rendered by the Court of Cassation. The oldest decision examined in this contribution dates from 1904. All the other decisions of the Court of Cassation examined in this contribution were rendered after the Second World War.

During the period from 1904 to 2019, the Belgian arbitration law changed considerably.

The present contribution follows the structure of the new arbitration law of 2013, so that court decisions rendered under the old arbitration law or under the former Code of Civil Procedure are also included in the new structure (Chapters I to IX).

This contribution focuses on court decisions and examines thereupon to what extent they support or limit arbitration as a dispute resolution method (Chapter X). At the end of this contribution, the readers will find an index of all of the examined court decisions.

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ISSN: 2593-0877
ID: BARBIT2019020