I. Judicial and arbitral decisions have identical effects with regard to third parties. Article 1122 of the Judicial Code, however, only provides for the possibility for third parties aggrieved by a court decision to lodge third party opposition. This difference of treatment between third parties aggrieved by a judicial decision and those aggrieved by an arbitral award is incompatible with articles 10 and 11 of the Constitution. This lacuna is identified by the Court in terms sufficiently specific and complete to allow the application of the provision at stake ; it is up to the judge a quo to put an end to the violation of articles 10 and 11.
II. Article 1717 of the Judicial Code does not violate articles 10 and 11 of the Constitution as it is interpreted by the Cour de cassation as limiting the right of third parties to request the annulment of an award to cases of fraud.b-Arbitra | Belgian Review of Arbitration