This contribution analyzes three topical issues in relation to the judgment of the French-Speaking Court of First Instance of Brussels of 12 April 2018, which was published in b-Arbitra 2018/1. This judgment followed the Belgian Constitutional Court’s judgment of 16 February 2017 and is the first case in which a Belgian court dealt with a third party opposition to an arbitral award.
It will be shown that third party opposition in arbitration gives rise to significant legal questions, especially in relation to international arbitration proceedings. A legislative initiative is therefore necessary to devise a regime that is appropriate for (domestic) arbitration.
Next, this contribution turns to the complex topic of arbitrability from a Belgian perspective. While the Belgian law of arbitration of 2013 has considerably expanded the scope of disputes that are capable of settlement, the multiple facets of the arbitrability doctrine continue to make its application a difficult exercise. Finally, this contribution revisits the transitional rules provided by 2013 Belgian law on arbitration in light of recent jurisprudence in the Netherlands.b-Arbitra | Belgian Review of Arbitration