Summary
The annotated judgment holds that the rules of procedure of the Belgo-Dutch Convention of 28 March 1925 prevail over the Judicial Code’s exequatur procedure but fails to answer some important questions. The questions regarding the double exequatur, the form of the application and the procedural remedy contain a risk for the applicant as well as for the party against whom enforcement is sought.
Furthermore, the judgment results in a fragmentation of the Belgian exequatur regime and, therefore, in uncertainty. However, it seems possible to simplify the exequatur regime without impairing the primacy of the law of treaties.
b-Arbitra | Belgian Review of Arbitration