1. The arbitral tribunal may subject the consent required for an action to obtain measures necessary for the taking of evidence under Article 1708 Jud. Code to limitations. A claim to obtain measures necessary for the taking of evidence is only inadmissible to the extent that the claimant has not complied with the conditions imposed by the arbitral tribunal. Declaring the claim inadmissible as a whole would violate the res judicata of the arbitral procedural order and prejudice the autonomy of the arbitral proceedings.
2. A party who disagrees with the decisions of the arbitral tribunal on the existence of a privilege to keep documents confidential may not use the procedure provided for in Article 1708 Jud. Code in an attempt to file an improper appeal. The president of the tribunal can in such a case not rule differently on the existence of any privilege with respect to parties in the arbitral proceedings without violating the autonomy of the arbitral proceedings or the res judicata of arbitral decisions.
3. Pursuant to Articles I.17/1 of the Economic Law Code and 871bis Jud. Code, the court may, on its own initiative, fully or partially restrict access to the documents containing trade secrets or alleged trade secrets submitted by the parties or third parties to the persons or categories of persons it expressly designates. Such ex officio restriction may be justified by the interests at stake in both the arbitration and the proceedings under Article 1708 Jud. Code, even if the alleged violation of the alleged trade secrets is not demonstrated in concreto.
b-Arbitra | Belgian Review of Arbitration