1. Pursuant to Article 1682 § 1 B.J.C., the courts dismiss the pending litigation where the matter is the subject of an arbitration agreement (unless the arbitration agreement is invalid or has ceased to exist), provided that the objection is raised before any other objection or defense (in limine litis). Objection is timely where it is submitted by the party with its first statement on the substance of the dispute.
2. A party may not pretend that the defendant is not bound by the agreement incorporating the arbitration clause where its demand is grounded on that agreement. Such a position is contrary to logic, to the principle that obligation must be performed in good faith, and to the principle of fairness of the debates.b-Arbitra | Belgian Review of Arbitration