The recent developments concerning the signature of the Comprehensive Economic Trade Agreement (CETA) between Canada and the EU have illustrated the paralysis and inability of the EU and its Member States to deliver economic prosperity and create jobs – which used to be one of the very reasons for establishing the EU and giving it…

During past months, the Belgian arbitration community has been very active in promoting its country and Brussels in particular, as a major international arbitration centre. 2013 and 2014 are indeed vintage years for Belgian arbitration. First, the Cepani, the major Belgian arbitration institution, modernised its arbitration rules. The new rules entered into force as from…

A judgment of the European Court of 17 October 2013 (C-184/12) honors gold plated provisions when considered mandatory. Member state courts are allowed to consider their national gold-plating (the practice of implementing rules tougher than the minimum required by the EU) as being of overriding mandatory character. Arbitration clause In 2005, Unamar, a Belgian commercial…

With regard to multicontract arbitration, the CEPANI Arbitration Rules (“the Rules”) contain a specific provision (Article 10). Article 10(1) allows the parties to pursue claims arising out of different contracts or in connection with more than one contract in one single arbitration. This can occur for example when parties decide to conclude different contracts with…

The new arbitration rules of CEPANI (The Belgian Center for Arbitration and Mediation) came into force on 1 January 2013 and change the 2005 rules considerably. They will soon be studied and applied around the globe as they will be the applicable rules for the 21st Willem C. Vis International Commercial Arbitration Moot (2014). The…

On 16 May 2013, Belgium’s House of Representatives adopted the bill no. 53-2743 that is meant to replace the Sixth Part of the Belgian Code of Civil Procedure (Code judiciaire/Gerechtelijk Wetboek) and thoroughly modernize the Belgian arbitration law. The travaux préparatoires leading to this new law may be consulted here (in French and Dutch). The…