BELGIUM 1

12 - 05 - 1977

BELGIUM 1

Yearbook Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. IV (1979)
Jurisdiction Belgium
Summary

Belgium 1. Cour d'Appel, Liege, 12 May 1977

Related topics
220

The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

"Null and void", etc.
519

Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

Ground a: Arbitrability
704

More-favorable right provision: The court discusses the application of the 1961 European Convention together with the New York Convention, and the relationship between the two treaties.

European Convention of 1961
704(B) Bilateral Treaties
705

The court discusses the relationship between the New York Convention, the Geneva Protocol on Arbitration Clauses of 1923, and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927.

Relationship with Geneva Treaties of 1923 and 1927
BELGIUM 1