1) The appeal is admissible because the rules of the Judicial Code that apply are those prior to the reform by the Arbitration Act of 24 June 2013. By virtue of Article 59, al. 2 and 4 of that act, the old rules of the Judicial Code remain applicable to all arbitrations – domestic or foreign – started before 1 September 2013, and to all judicial proceedings in setting aside or enforcement of arbitration award – domestic or foreign – that relate to such arbitrations, irrespective of whether these judicial proceedings are pending or not at the date of 1 September 2013.
2) It is irrelevant whether the court of first instance or its president was competent to hear the case in first instance, as the court of appeal is the competent judge to hear appeals against both the court of first instance and the president of such court, deciding on issues of exequatur by virtue of Article 1719 (Old) Jud. Code.
b-Arbitra | Belgian Review of Arbitration