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Gregory Lutsenko
18.01.2021 | 6 min read
Updated: 07.11.2026
Many of our clients are interested in Belgium as a place for arbitration settlement. The key factor in this is the fact that Belgian jurisdiction does not differentiate whether arbitration is domestic or foreign.
Normally, it is decided where the arbitration will take place depending on the arbitration legislation applied in the particular case. The place of arbitration then influences the appealing conditions for the arbitral reward.
When it comes to most European international arbitration courts, especially the European Arbitration Chamber, their rules state that the court can hold sessions and hearings in any geographical location. It means then that the effect of the arbitral award will be the same as the one made in the official arbitration place.
How to choose the place
These are some of the factors that the parties of the dispute should consider while choosing an arbitration place:
- Language;
- Geographical location;
- Obtaining a visa to the country;
- Supporting costs of the process;
- Promptness of an arbitration procedure.
The points that are not covered by the rules of the selected institution must be regulated by the arbitration legislation of the arbitration place. That is why thinking about the effectiveness of the choice is crucial before deciding on the place of arbitration in the arbitration agreement or clause.
Belgian arbitration legislation
In recent times, Belgium has received the status of a popular arbitration location. Mostly, it is a trendy choice for representatives of Arab states, the EU member states, the South-East Asian countries.
In many major international arbitration agreements, Belgium has the status of a party. Belgium presented a simplified compulsory procedure for foreign arbitral awards. Also, the country is one of the 172 parties to the 1958 New York Convention, so that arbitral awards made in Belgium are, in principle, recognized and enforced across all of the Convention's contracting states.
The legislative basis of Belgian arbitration is Part VI of the Belgian Judicial Code, the 2013 arbitration reform based on the UNCITRAL Model Law, with technical amendments introduced by the law of 28 March 2024 (applicable to arbitrations commenced on or after 8 April 2024) that mainly simplified the time limits for challenging and enforcing awards; no further substantial changes have followed. An important note to the Belgian arbitration law: it is not limited to commercial arbitration. Since 1 June 2026, Belgium's leading arbitration institution, CEPANI, applies its 2026 Arbitration Rules to arbitrations commenced on or after that date: the request for arbitration must now address a possible referral to mediation, a new Schedule IV regulates arbitral secretaries, remote and hybrid hearings are codified, and the multi-party, multi-contract, joinder and consolidation provisions have been clarified.
Arbitration process
In Belgium, some disputes fall under the category with restrictions for submitting them to arbitration:
- Insurance;
- Consumer protection;
- Obtaining patent licensing in Belgium;
- Labor;
- Commercial agency disputes;
- Termination of exclusive distribution agreements.
Overall, when it comes to arbitration procedures and agreements, Belgian law is rather liberal. Given that the evidence of their establishment exists, such agreements can be oral.
Start of arbitration
To initiate proceedings in a commercial dispute in Belgium, one should start by filing a request for arbitration. It should be submitted at the place of legal address, residence, main place of work, or e-mail address of the defendant. These documents are necessary for the arbitral tribunal’s decision.
If you decide to choose Belgium as a place where the arbitration will be initiated, remember that the local courts can intervene at certain stages of the process:
- Appointment of arbitrators;
- Challenging the arbitrator or issuing an order to recall them;
- Set a deadline for the arbitrator’s decision.
Once all interested parties agree on this, Belgian arbitration can use mechanisms of involving third parties such as recruiting additional parties or consolidation.
Ending an arbitration
In Belgium, arbitration proceedings may be ended by the arbitral tribunal. An important detail: for a civil court to apply for cancellation of an arbitral award at least one of the parties must have a place of their residence or legal address of a commercial enterprise or branch located in Belgium. Consequently, refusals to appeal against Belgian civil court’s awards led to a lower number of cases when a decision can be appealed. Besides, judicial control at the place where the arbitral reward is delivered is almost completely reduced.
Our specialists in COREDO are ready to provide you with legal advice related to alternative methods of resolving business disputes in Belgium. Furthermore, COREDO provides consultations on resolving financial disputes through mediation. If you are interested in such support, contact our specialists for an initial assessment of your case.
How COREDO can help: our team advises on choosing the seat and institution for a dispute, drafting arbitration and mediation clauses, and resolving disputes with counterparties and financial institutions, and supports company formation in Belgium for clients building a presence alongside their dispute strategy.