I. The Dutch-Belgian Convention of 28 March 1925 on Territorial Jurisdiction, Bankruptcy and Enforcement of Judgments, Arbitration Awards and Authentic Instruments still applies with regard to arbitral awards and judicial decisions on recognition and enforcement of such awards. The Convention extends to Belgium the territorial effect of a Dutch judgment having set aside an award rendered in the Netherlands, as a consequence of the recognition of that judgment.
II. Even if the Belgian decision granting exequatur remains in existence, the judgment setting aside the award annihilates one of the essential components of the enforceability of the award, since the enforceable title is indistinctly constituted of the award and of the exequatur decision. Any attachment made on the basis of such title needs therefore to be lifted.
b-Arbitra | Belgian Review of Arbitration