Summary
This commentary concerns the requirement for the Belgian state to have legal standing to intervene to preserve a foreign state’s immunity.
Furthermore the question arises about how the attachment judge should assess the lawfulness of the enforcement of an annulled Dutch arbitral award that obtained an exequatur in Belgium prior to the annulment. Whether an incompatibility exists between the exequatur decision and the attachment order plays a role when making this assessment. In any event, it is inappropriate to derive from the annotated decision a general rule in which a judgment nullifying the arbitral award prevails over the exequatur decision.
b-Arbitra | Belgian Review of Arbitration