1°) Article 16 of the Decree of the Walloon Region of 2 May 2019 amending the Walloon Housing and Sustainable Living Code and the Walloon Residential Lease Decree of 15 March 2018 according to which any arbitration agreement relating to residential lease disputes agreed upon before the dispute arose shall be assumed to be unwritten, does not violate Article 10 of the Special Institutional Reforms Act of 8 August 1980 or articles 10 and 11 of the Constitution.
2°) Article 18 of the Decree of the Walloon Region of 2 May 2019 amending the Walloon Housing and Sustainable Living Code and the Walloon Residential Lease Decree of 15 March 2018, however, violates Articles 10 and 11 of the Constitution, read in conjunction with the principle of legal certainty, in so far as it gives retroactive effect to Article 16 of this Decree without providing any justifications.
b-Arbitra | Belgian Review of Arbitration