The Act of 24 June 2013 modifying the sixth part of the Belgian Judicial Code regarding arbitration applies to arbitration proceedings that are commenced after the date of entry into force of the Act (1st September 2013).
Arbitration proceedings are commenced, in the meaning of article 1702 B.J.C., at the date on which the arbitration request is received, save if the parties agree otherwise.
When the arbitration request is sent by fax, the arbitration proceedings commence the day the fax is sent and received, in this case 31 August 2013. As a consequence, the rules of the Old B.J.C. apply.
According to the provisions of the Old B.J.C., a party may invoke, to obtain the annulment of the award, the violation of public policy (art. 1704, al. 2, a) of the Old B.J.C., because of a lack of impartiality or independence of the arbitrator, but only if the circumstances become only known after the award has been rendered.
In this case, the applicant complained of a lack of impartiality during the arbitral proceedings, but did not launch the challenge proceeding. He is inadmissible to invoke a lack of impartiality to obtain the annulment of the award.b-Arbitra | Belgian Review of Arbitration