BELGIUM 14 bis

Court of Appeal, Brussels, Case No. 2016/AR/2048, 29 August 2018

(D v. U (ASBL) UR)

29 - 08 - 2018

BELGIUM 14 bis

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIV (2019)
Jurisdiction Belgium
Summary

The Court of Appeal held that the CAS arbitration agreement resulting from a combination of the provisions in the Statutes of the parties could not be invoked because it was a general agreement referring to arbitration all disputes between the parties, without reference to a defined legal relationship as is required under the relevant provision of Belgian law (which mirrors the requirement in Art. II(1) of the New York Convention).

Related topics
202

The court discusses the form in which the arbitration agreement is expressed: short form arbitration clause, reference to rules of institution, etc.

Contents of arbitration agreement
BELGIUM 14 bis