Summary
The court of appeal in Brussels annulled a judgment rebutting a professional liability claim against an arbitrator. The comments on this appeal judgment are restricted to the grounds analysed by the court of appeal to hold the arbitrator liable. Appellant invoked a failure by the arbitrator to answer an argument it had raised. The court of appeal held that the arbitrator implicitly had answered this argument. However, the court of appeal held that due process was violated by the intervention of an expert. The expert had been appointed with the approval of the parties, not in order to gather evidence and provide the arbitrator with an advice as provided for under the judicial code, but in order to assist the arbitrator on technical issues. The expert’s timesheets showed that he had assisted the arbitrator after the closing of the debates and the court of appeal held that this violated the secret of the deliberation, which is to be conducted by the arbitrator on his or her own without external assistance. The arbitrator was condemned to reimburse his fees and costs.
b-Arbitra | Belgian Review of Arbitration