Supreme Court Reverses First Belgian Set Aside Decision of an Investment Treaty Arbitral Award Confirmation of (Belgian) international public policy test - ASA Bulletin View Supreme Court Reverses First Belgian Set Aside Decision of an Investment Treaty Arbitral Award Confirmation of (Belgian) international public policy test by - ASA Bulletin Supreme Court Reverses First Belgian Set Aside Decision of an Investment Treaty Arbitral Award Confirmation of (Belgian) international public policy test 42 3

In a 2022 decision, the Brussels first instance court set aside an UNCITRAL award ordering Poland to pay damages to an investor. The first instance court decided that the arbitral tribunal had wrongly held that the investor’s due process rights had been violated by the Polish courts. The first instance court viewed this to be a breach of Belgium’s international public policy rules. In 2024, the Belgian Supreme Court reversed this set aside decision. The Supreme Court specified that an award can only be set aside if the effect of the award violates the international public policy rules, without re-assessing the merits of the dispute that was resolved by the award.

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