Tags: Dispute Resolution
The Arbitrability of Distributorship Law Disputes in Belgium: a reversal of case law
On 7 April 2023, the Belgian Cour de Cassation reversed its long standing case law and decided that (from now on) disputes concerning the termination of exclusive distribution agreements are eligible to be settled by arbitration.
Are you accountable for any human rights violations in your value chain?
Even though Belgium is lagging behind when it comes to enacting specific legislation, companies doing business in Belgium should be aware of the risk of being held accountable for human rights violations or environmental pollution up or down their value chain.
The EU’s mutual trust in the administration of justice does not extend to arbitration (in insurance disputes)
In the context of enforcement of judgments, the CJEU (in Case C-700/20) does not allow arbitration to circumvent the fundamental rules underpinning the Brussels I (recast) Regulation, including the principles governing the victim’s direct action against the insurer and lis pendens.
Belgian Constitutional Court strengthens access to justice
The Belgian Constitutional Court ruled that the right of access to justice requires the writ of service of a judgment to state the right to appeal, the time limit for bringing such an appeal, and the name and address of the appeal court.
The Act of 2002 on combating late payment in commercial transactions undergoes further modifications to fight companies’ liquidity problems
On 15 July 2021, the Act of 2 August 2002 on combating late payment in commercial transactions was modified to address companies’ liquidity problems due to the late payment behaviour of their business customers.
(Shop Based) Commercial Agent Protected even in the Absence of the Power to Negotiate the Price
In Trendsetteuse (C-828/18), the Court of Justice of the EU held that in order to be protected under the Commercial Agency Directive, it is not required that the commercial agent has the power to negotiate the price of a transaction.
Is your company ready for the Incoterms 2020?
On 1 January 2020, the new Incoterms® 2020 as published by the International Chamber of Commerce (ICC) will come into force.
Drastic times call for ex parte interim measures
In Belgium, a preliminary injunction is rarely granted on an ex parte basis. Adversarial debates are considered as a cornerstone of legal proceedings, and one is entitled to deviate from this principle only in the case of so-called ‘absolute necessity’.