BELGIUM 17

Rechtbank, East Flanders, Ghent division (Chamber G1), 28 November 2022, 21/1932/A - 21/2037/A - 21/2100/A

(Eckes-Granini International GmbH et al v Mr ... Read more

Rechtbank, East Flanders, Ghent division (Chamber G1), 28 November 2022, 21/1932/A - 21/2037/A - 21/2100/A

(Eckes-Granini International GmbH et al v Mr H) 

 

28 - 11 - 2022

BELGIUM 17

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)
Jurisdiction Belgium
Summary

The Court of First Instance annulled the ex parte order declaring a Russian award enforceable. The award had been rendered against a signatory of a settlement agreement, as well as against nonsignatory companies of the same group. While arbitration agreements may be concluded orally, as long as they can be proven, and Belgian law no longer requires the submission of the original arbitration agreement or a copy thereof together with the exequatur application, the arbitration clause on which the award was based had been in writing. In the Court’s view, it could not be reasonably argued that some companies of the same group were bound by the arbitration agreement in writing and others orally. See also GERMANY 172 and HUNGARY 17, rendered in the same case.

Related topics
101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
403

The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.

Original or copy arbitration agreement
512 Ground c: Excess by arbitrator of his authority - Excess of authority
BELGIUM 17