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24 JUNE 2013. - An Act to amend Part VI of the Judicial Code relating to arbitration (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to Part VI of the Judicial Code on Arbitration
Art. 2. In the Judicial Code, sections 1676 to 1723 of Part VI, entitled "Arbitration", inserted by the Act of 4 July 1972 and amended by the Acts of 27 March 1985 and 19 May 1998, are repealed.
Art. 3. In the same section of the same Code, a chapter I is inserted^er entitled “Chapter I^er. General provisions".
Art. 4. In chapter I^er Inserted by Article 3, an article 1676 is inserted as follows:
"Art. 1676. § 1^er. Any cause of a heritage nature may be subject to arbitration. Cases of a non-patrimonial nature on which it is permitted to transfer may also be subject to arbitration.
§ 2. Anyone who has the capacity or power to transfer, may enter into an arbitration agreement.
§ 3. Without prejudice to the specific laws, legal persons of public law may enter into an arbitration agreement only where the arbitration agreement is intended to settle disputes relating to a convention. The arbitration agreement is subject to the same terms and conditions as to its conclusion as the arbitration agreement. In addition, legal persons of public law may enter into an arbitration agreement in all matters determined by law or by a royal decree deliberated in the Council of Ministers. The order may also establish the conditions and rules to be followed with respect to the conclusion of the convention.
§ 4. The above provisions are applicable subject to exceptions provided by law.
§ 5. Subject to the exceptions provided by law, any arbitration agreement entered into prior to the birth of a dispute to which the Labour Court must know under sections 578 to 583.
§ 6. Sections 5 to 14 of the Act of 16 July 2004 on the Code of Private International Law apply in arbitration and Belgian judges are also competent when the place of arbitration is in Belgium within the meaning of Article 1701, § 1^er, when the application is introduced.
As long as the place of arbitration is not established, Belgian judges are competent to take the measures referred to in articles 1682 and 1683.
§ 7. Unless otherwise agreed by the parties, Part VI of this Code applies where the place of arbitration within the meaning of Article 1701, § 1^er, is located in Belgium.
§ 8. By derogation from § 7, the provisions of Articles 1682, 1683, 1696 to 1698, 1708 and 1719 to 1722 apply regardless of the place of arbitration and notwithstanding any conventional clause contrary to that law. "
Art. 5. In the same chapter, an article 1677 is inserted as follows:
"Art. 1677. § 1^er. In this part of the Code,
1° the words "Arbitral Tribunal" means a single arbitrator or several arbitrators;
2° the word "communication" means the transmission of a written document between the parties and between the parties and the arbitrators and between the parties and the third parties that organize the arbitration, by means of communication or in a manner that provides proof of the sending.
§ 2. Where a provision of this Part, with the exception of section 1710, allows the parties to decide on a matter referred to therein, that freedom shall prevail over the parties to authorize a third party to decide on that matter. "
Art. 6. In the same chapter, an article 1678 is inserted as follows:
"Art. 1678. § 1^er. Unless otherwise agreed by the parties, the communication shall be delivered or sent to the recipient in person, or to his or her home, or to his or her e-mail address or if it is a legal person, to his or her statutory seat, or to his or her principal institution or to his or her e-mail address.
If none of these places could be found after a reasonable investigation, the communication is validly carried out by handing over or sending it to the last known home or to the last known residence, or if it is a legal person, the last known statutory seat or the last known principal place or the last known e-mail address.
§ 2. Unless otherwise agreed by the parties, the deadlines that begin to run with respect to the recipient from the communication are calculated:
(a) where the communication is made by hand against a receipt statement dated from the first day following;
(b) where the communication is made by e-mail or by another means of communication that provides proof of sending, from the first day after the date indicated on the acknowledgement of receipt;
(c) where the communication is carried out by registered mail with acknowledgement of receipt, from the first day following the day on which the mail was delivered to the recipient in person at his home or residence, either at his or her registered office or principal place of business or, where applicable, at the last known home or the last known residence at the last registered office known or at the last known principal institution;
(d) where the communication is made by registered mail, from the third business day following the one in which the mail was presented to the postal services, unless the consignee proves otherwise.
§ 3. The communication is presumed to be made to the recipient on the day of the acknowledgement of receipt.
§ 4. This section does not apply to communications exchanged as part of a judicial proceeding. "
Art. 7. In the same chapter, an article 1679 is inserted as follows:
"Art. 1679. A party who, knowingly and without legitimate grounds, refrains from invoking in due course an irregularity before the arbitral tribunal is deemed to have waived its use. "
Art. 8. In the same chapter, an article 1680 is inserted as follows:
"Art. 1680. § 1^er. The President of the Court of First Instance, acting as a reference, on a unilateral request by the most diligent party, designates the arbitrator in accordance with Article 1685, §§ 3 and 4.
The president of the court of first instance, acting as a reference, shall make the replacement of the arbitrator, in accordance with Article 1689, § 2.
The decision to appoint or replace the arbitrator is not subject to appeal.
However, an appeal may be appealed against this decision when the presiding judge of the court of first instance declares that he is not appointed.
§ 2. The president of the court of first instance, acting as a reference, on a summons, shall decide on the deportation of an arbitrator in accordance with Article 1685, § 7, on the recusal of an arbitrator in accordance with Article 1687, § 2, and on the deficiency or incapacity of an arbitrator in the case provided for in Article 1688, § 2. His decision is not subject to appeal.
§ 3. The presiding judge of the court of first instance, acting as a reference, may give the arbitrator a time limit to render his sentence under the conditions laid down in article 1713, § 2. His decision is not subject to appeal.
§ 4. The presiding judge of the court of first instance adjudicating as a reference shall take all necessary measures to obtain evidence in accordance with section 1709. His decision is not subject to appeal.
§ 5. Except in the cases referred to in § 1^er 4, the court of first instance, is competent. He statues, on quote, first and last spring.
§ 6. Subject to Article 1720, the actions referred to in this Article shall be the competence of the judge whose seat is that of the Court of Appeal in the jurisdiction of which the place of arbitration is fixed.
Where this place has not been established, the judge whose seat is the judge of the court of appeal in whose jurisdiction the court of appeal could have known of the dispute had it not been subject to arbitration. "
Art. 9. In the same section of the same Code, a chapter II is inserted entitled “Chapter II. Arbitration Convention".
Art. 10. In chapter II inserted by article 9, an article 1681 is inserted as follows:
"Art. 1681. An arbitration agreement is a convention by which the parties submit to arbitration all disputes or disputes that have arisen or may arise between them with respect to a specific, contractual or non-contractual relationship of law. "
Art. 11. In the same chapter, an article 1682 is inserted as follows:
"Art. 1682. § 1^er. The judge seized of a dispute under an arbitration agreement shall declare without jurisdiction at the request of a party, unless the agreement is not valid or terminated in respect of that dispute. ÷ penalty of inadmissibility, the exception must be proposed before any other exceptions and defences.
§ 2. When the judge is seized of an action referred to in § 1^erthe arbitral proceedings may nevertheless be initiated or prosecuted and an award may be rendered. "
Art. 12. In the same chapter, an article 1683 is inserted as follows:
"Art. 1683. An application for judicial action, before or during the arbitral proceedings, with a view to obtaining interim or provisional measures and granting such measures are not incompatible with an arbitration agreement and do not imply a waiver of it. "
Art. 13. In the same section of the same Code, a chapter III is inserted entitled “Chapter III. Composition of the arbitral tribunal".
Art. 14. In chapter III inserted by article 13, an article 1684 is inserted as follows:
"Art. 1684. § 1^er. The parties may agree on the number of arbitrators provided it is odd. There may be a single arbitrator.
§ 2. If the parties have provided for an equal number of arbitrators, an additional arbitrator shall be appointed.
§ 3. ÷ lack of agreement between the parties on the number of arbitrators, the arbitral tribunal shall consist of three arbitrators. "
Art. 15. In the same chapter, an article 1685 is inserted as follows:
"Art. 1685. § 1^er. Unless otherwise agreed by the parties, a person may not, because of his nationality, be prevented from exercising the function of arbitrator.
§ 2. Without prejudice to §§ 3 and 4 as well as to the general requirement of independence and impartiality of the arbitrator(s), the parties may agree on the procedure for appointing the arbitrator or arbitrators.
§ 3. Without such a convention;
(a) in the event of arbitration by three arbitrators, each party shall designate an arbitrator and the two arbitrators so designated shall choose the third arbitrator; if a party does not designate an arbitrator within one month of the receipt of an application for that purpose from the other party, or if the two arbitrators do not agree on the choice of the third arbitrator within one month of the designation of the second arbitrator, the appointment of the arbitrator(s) shall be made by the President of the Court of First Instance ruling on the request of the most diligent party, §^er;
(b) in the event of an arbitration by a single arbitrator, if the parties cannot agree on the choice of the arbitrator, the arbitrator shall be appointed by the President of the Court of First Instance adjudicating upon request of the most diligent party, in accordance with Article 1680, § 1^er;
(c) in the event of arbitration by more than three arbitrators, if the parties cannot agree on the composition of the arbitral tribunal, the arbitral tribunal shall be designated by the President of the court of first instance, on the request of the most diligent party, in accordance with Article 1680, § 1^er.
§ 4. When, during a designation procedure agreed by the parties,
(a) a party does not act in accordance with the said procedure; or
(b) the parties, or two arbitrators, cannot reach agreement in accordance with the said procedure; or a third party, including an institution, shall not perform any function conferred upon it in the said procedure, either party may apply to the President of the Court of First Instance in accordance with Article 1680, § 1^erto take the necessary action, unless the Convention on the Designation Procedure provides other means to ensure such designation.
§ 5. When appointing an arbitrator, the chair of the tribunal shall take into account all the qualifications required by the arbitrator under the agreement of the parties and any considerations to ensure the designation of an independent and impartial arbitrator.
§ 6. The designation of an arbitrator may not be retracted after being notified.
§ 7. The arbitrator who has accepted his mission may withdraw only from the agreement of the parties or with the authorization of the president of the court of first instance in accordance with Article 1680, § 2. "
Art. 16. In the same chapter, an article 1686 is inserted as follows:
"Art. 1686. § 1^er. When a person is pressed for his or her possible appointment as an arbitrator, he or she points out any circumstance that raises legitimate doubts about his or her independence or impartiality. ÷ from the date of its designation and throughout the arbitral proceedings, the arbitrator shall promptly notify the parties of any new circumstances of that nature.
§ 2. An arbitrator may be challenged only if there are circumstances that may raise legitimate doubts about his independence or impartiality, or if he or she does not have the qualifications agreed by the parties. A party may not object to the arbitrator that it has designated or to the designation of which it participated only for a cause of which it was aware after that designation. "
Art. 17. In the same chapter, an article 1687 is inserted as follows:
"Art. 1687. § 1^er. The parties may agree on the recusal procedure of an arbitrator.
§ 2. Without such an agreement:
(a) the party intending to challenge an arbitrator shall, in writing, set out the grounds for recusal to the arbitrator concerned, if any, to the other arbitrators if the court so provides, and to the opposing party. ÷ penalty of inadmissibility, this communication takes place within fifteen days of the date on which the recusing party was aware of the constitution of the arbitral tribunal or of the date on which it was aware of the circumstances referred to in Article 1686, § 2.
(b) If, within a period of ten days from the communication of the objection made to it, the disqualified arbitrator does not deport himself or that the other party does not admit the recusal, the recusant cites the arbitrator and the other parties, barely being admissible, within a period of ten days, before the President of the Court of First Instance ruling in accordance with Article 1680, § In the expectation of the President's decision, the arbitral tribunal, including the disputed arbitrator, may continue the arbitral proceedings and render an award. "
Art. 18. In the same chapter, an article 1688 is inserted as follows:
"Art. 1688. § 1^er. Unless otherwise agreed by the parties, where an arbitrator is unable to fulfil his or her mission, or, for any other reason, fails to carry out his or her mission within a reasonable period of time, his or her mandate shall terminate if he or she withdraws under the conditions provided for in Article 1685, § 7, or if the parties agree to terminate it.
§ 2. If there is any disagreement as to any of these reasons, the most diligent party cites the other parties and the arbitrator referred to in § 1^er before the President of the Court of First Instance who decides in accordance with Article 1680, § 2.
§ 3. The fact that, pursuant to this article or article 1687, an arbitrator withdraws or that a party agrees that the mission of an arbitrator shall terminate, does not imply recognition of the reasons referred to in article 1687 or in this article. "
Art. 19. In the same chapter, an article 1689 is inserted as follows:
"Art. 1689. § 1^er. In all cases where the arbitrator's mission is terminated before the final award is rendered, a substitute arbitrator is designated. This designation shall be made in accordance with the rules applicable to the designation of the substitute arbitrator, unless the parties agree otherwise.
§ 2. If the arbitrator is not replaced in accordance with § 1^er, each party may appeal to the President of the Court of First Instance, in accordance with Article 1680, § 1^er.
§ 3. Once the substitute arbitrator is appointed, the arbitrators, after hearing the parties, decide whether to resume all or part of the proceedings without returning to the partial final or final awards that would have been rendered. "
Art. 20. In the same section of the same Code, a chapter IV is inserted entitled “Chapter IV. Jurisdiction of the arbitral tribunal".
Art. 21. In chapter IV inserted by section 20, an article 1690 is inserted as follows:
"Art. 1690. § 1^er. The arbitral tribunal may decide on its own jurisdiction, including any exceptions relating to the existence or validity of the arbitration agreement. To this end, an arbitration agreement being part of a contract is considered to be a separate agreement from the other clauses of the contract. The finding of the invalidity of the contract by the arbitral tribunal does not entail the invalidity of the arbitration agreement.
§ 2. The exception of incompetence of the arbitral tribunal shall be raised no later than in the first conclusions communicated by the party which invokes it, within the time limits and in the manner determined in accordance with Article 1704.
The fact that a party has designated an arbitrator or participated in its designation does not deprive it of the right to raise that exception.
The exception to what the disputed issue would exceed the powers of the arbitral tribunal must be raised as soon as this issue is raised in the course of the proceedings.
In both cases, the arbitral tribunal may receive late objections if it considers that the delay is justified.
§ 3. The arbitral tribunal may decide on the exceptions referred to in § 2 either by dealing with them as matters to be decided beforehand or in its sentence on the merits.
§ 4. The decision by which the arbitral tribunal has declared itself competent may only be appealed for annulment at the same time as the award on the merits and on the same basis.
The Court of First Instance may also, at the request of one of the parties, decide on the merits of the arbitral tribunal's incompetence decision. "
Art. 22. In the same chapter, an article 1691 is inserted as follows:
"Art. 1691. Without prejudice to the powers granted to courts and tribunals under section 1683, and unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order the interim or provisional measures it deems necessary.
However, the arbitral tribunal may not authorize a provisional seizure. "
Art. 23. In the same chapter, an article 1692 is inserted as follows:
"Art. 1692. ÷ the request of one of the parties, the arbitral tribunal may amend, suspend or withdraw a provisional or provisional measure. "
Art. 24. In the same chapter, an article 1693 is inserted as follows:
"Art. 1693. The arbitral tribunal may decide that the party requesting an interim or interim measure will provide an appropriate guarantee. "
Art. 25. In the same chapter, an article 1694 is inserted as follows:
"Art. 1694. The arbitral tribunal may decide that a party will promptly disclose any significant changes to the circumstances on the basis of which the interim or interim measure has been requested or granted. "
Art. 26. In the same chapter, an article 1695 is inserted as follows:
"Art. 1695. The party that continues the execution of an interim or interim measure shall be liable for all costs and damage caused by the measure to another party, if the arbitral tribunal subsequently decides that in this case the interim or provisional measure should not have been imposed. The arbitral tribunal may grant compensation for such costs and damages at any time during the proceedings. "
Art. 27. In the same chapter, an article 1696 is inserted as follows:
"Art. 1696. § 1^er. An interim or provisional action by an arbitral tribunal shall be recognized as binding and, unless otherwise specified by the arbitral tribunal, shall be declared enforceable by the court of first instance, irrespective of the country in which it was pronounced, subject to the provisions of Article 1697.
§ 2. The party requesting or obtaining that an interim or interim measure be recognized or declared enforceable shall promptly inform the sole arbitrator or the President of the arbitral tribunal and any withdrawal, suspension or modification of that measure.
§ 3. The court of first instance to whom a provisional or provisional measure of protection is requested to recognize or declare enforceable may order the applicant to establish an appropriate guarantee if the arbitral tribunal has not already ruled on the guarantee or where such a decision is necessary to protect the rights of the defendant and third parties. "
Art. 28. In the same chapter, an article 1697 is inserted as follows:
"Art. 1697. § 1^er. Recognition or declaration of the enforceable force of a provisional or provisional measure may only be refused:
(a) at the request of the party against whom this measure is invoked:
(i) if this refusal is justified by the reasons set out in Article 1721, § 1^er(a), i., ii., iii., iv. or v.; or
(ii) if the decision of the arbitral tribunal concerning the establishment of a guarantee has not been complied with; or
(iii) if the interim or interim measure has been retracted or suspended by the arbitral tribunal or, where it is authorized, cancelled or suspended by the court of the State in which the arbitration takes place or in accordance with the law that the measure has been granted;
or
(b) if the Court of First Instance finds that one of the reasons referred to in Article 1721, § 1^er, b) applies to the recognition and binding declaration of the interim or provisional measure.
§ 2. Any decision made by the Court of First Instance on any of the grounds referred to in § 1^er has effect only for the purposes of the application for recognition and binding declaration of the interim or conservatory measure. The court of first instance where recognition or enforceable declaration is requested does not examine, when making its decision, the merit of the interim or provisional measure. "
Art. 29. In the same chapter, an article 1698 is inserted as follows:
"Art. 1698. The Referee Judge shall, in order to make an interim or interim measure in relation to an arbitration procedure, be held in Belgian territory, of the same power as that available in relation to judicial proceedings. It exercises this power in accordance with its own procedures, taking into account the particularities of arbitration. "
Art. 30. In the same part of the same Code, a chapter V is inserted entitled “Chapter V. Conduct of arbitral proceedings”.
Art. 31. In Chapter V inserted by Article 30, an article 1699 is inserted as follows:
"Art. 1699. Notwithstanding any convention to the contrary, the parties must be treated on an equal footing and each party must have every opportunity to assert its rights, means and arguments in accordance with the contradictory. The arbitral tribunal shall ensure respect for this requirement and respect for the loyalty of the proceedings. "
Art. 32. In the same chapter, an article 1700 is inserted as follows:
"Art. 1700. § 1^er. The parties may agree on the procedure to be followed by the arbitral tribunal.
§ 2. In the absence of such an agreement, the arbitral tribunal may, subject to the provisions of Part VI of this Code, set the rules of procedure applicable to arbitration as it deems appropriate.
§ 3. Unless otherwise agreed by the parties, the arbitral tribunal freely appreciates the admissibility of evidence and their probative force.
§ 4. The Arbitral Tribunal shall conduct the necessary instruction unless the parties authorize it to commit one of its members.
He can hear anyone. This hearing takes place without an oath.
If a party holds a piece of evidence, the arbitral tribunal may direct it to produce it in accordance with the terms and conditions that it determines and, if necessary, only as a matter of limitation.
§ 5. ÷ the exception of applications relating to authentic acts, the arbitral tribunal has the power to decide requests for the verification of writings and to rule on the alleged falsehood of documents.
For applications relating to authentic acts, the arbitral tribunal shall expend the parties to the court of first instance within a specified period of time.
In the hypothesis referred to in paragraph 2, the time limits of the arbitration shall be suspended until the day on which the arbitral tribunal had communicated by the most expeditious part of the decision cast as a force of evidence on the incident. "
Art. 33. In the same chapter, an article 1701 is inserted as follows:
"Art. 1701. § 1^er. The parties may decide the place of arbitration. In the absence of such a decision, this place shall be fixed by the arbitral tribunal, taking into account the circumstances of the case, including the suits of the parties.
If the place of adjudication has not been determined by the parties or by the arbitrators, the place where the award is rendered is a place of arbitration.
§ 2. Notwithstanding the provisions of § 1^er and unless otherwise agreed by the parties, the arbitral tribunal may, after consulting them, hold its hearings and meetings in any other place it considers appropriate. "
Art. 34. In the same chapter, an article 1702 is inserted as follows:
"Art. 1702. Unless otherwise agreed by the parties, the arbitral proceedings shall commence on the date on which the application for arbitration is received by the defendant in accordance with Article 1678, § 1^er(a). "
Art. 35. In the same chapter, an article 1703 is inserted as follows:
"Art. 1703. § 1^er. The parties may agree on the language or languages to be used in the arbitral proceedings. In the absence of such an agreement, the arbitral tribunal shall decide on the language or languages to be used in the proceedings. This agreement or decision, unless otherwise agreed or decided, applies to any communication of the parties, to any oral proceedings and to any award, decision or other communication of the arbitral tribunal.
§ 2. The arbitral tribunal may order that any exhibit be accompanied by a translation into the language(s) agreed by the parties or chosen by the arbitral tribunal. "
Art. 36. In the same chapter, an article 1704 is inserted as follows:
"Art. 1704. § 1^er. In the period and in accordance with the terms agreed by the parties or established by the arbitral tribunal, the parties shall develop all their means and arguments in support of their application or defence and the facts in support of the arbitral tribunal.
The parties may agree or the arbitral tribunal may decide on the exchange of complementary conclusions and its terms and conditions between the parties.
The parties attach to their conclusions all the documents they wish to make to the debates.
§ 2. Unless otherwise agreed by the parties, each party may amend or complete its application or defence during the arbitral proceedings, unless the arbitral tribunal considers that it does not have to authorize such an amendment, in particular because of the delay with which it is formulated. "
Art. 37. In the same chapter, an article 1705 is inserted as follows:
"Art. 1705. § 1^er. ÷ less than the parties have agreed that there would be no oral proceedings, the arbitral tribunal shall arrange such proceedings at an appropriate stage of the arbitral proceedings, if a party so requests.
§ 2. The president of the arbitral tribunal rules the order of the hearings and directs the proceedings. "
Art. 38. In the same chapter, an article 1706 is inserted as follows:
"Art. 1706. Unless otherwise agreed by the parties, if, without invoking legitimate impediment,
(a) the applicant does not develop its application in accordance with Article 1704, § 1^erthe arbitral tribunal shall terminate the arbitral proceedings, without prejudice to the processing of requests from another party;
(b) the defendant does not develop his defence in accordance with Article 1704, § 1^erthe arbitral tribunal shall continue the arbitral proceedings without being able to consider this deficiency in itself as an acceptance of the claimant ' s allegations;
(c) one of the parties does not participate in the oral proceedings or produce documents, the arbitral tribunal may proceed with the proceedings and rule on the basis of the evidence available to it. "
Art. 39. In the same chapter, an article 1707 is inserted as follows:
"Art. 1707. § 1^er. The arbitral tribunal may, unless otherwise agreed by the parties,
(a) appoint one or more experts to report on the specific issues that it determines;
(b) require a party to provide the expert with any appropriate information or to submit or make it accessible to the expert, for the purposes of examination, all relevant goods or goods.
§ 2. If a party makes the request or the arbitral tribunal considers it necessary, the expert shall participate in a hearing to which the parties may question it.
§ 3. Subsection 2 applies to technical advice designated by the parties.
§ 4. An expert may be challenged on the grounds set out in Article 1686 and in accordance with the procedure provided for in Article 1687. "
Art. 40. In the same chapter, an article 1708 is inserted as follows:
"Art. 1708. A party may, with the agreement of the arbitral tribunal, request the presiding judge of the court of first instance to order all necessary measures to obtain evidence in accordance with Article 1680 § 4. "
Art. 41. In the same chapter, an article 1709 is inserted as follows:
"Art. 1709. § 1^er. Any interested third party may request the arbitral tribunal to intervene in the proceedings. This application shall be sent in writing to the arbitral tribunal which shall communicate it to the parties.
§ 2. A party may call a third party in intervention.
§ 3. In any case, to be admitted, the intervention requires an arbitration agreement between the third party and the parties in dispute. It is, moreover, subordinate to the concurrence of the arbitral tribunal that rules unanimously. "
Art. 42. In the same section of the same Code, a chapter VI is inserted entitled “Chapter VI.” Arbitral jurisdiction and closing of proceedings".
Art. 43. In chapter VI inserted by section 42, an article 1710 is inserted as follows:
"Art. 1710. § 1^er. The arbitral tribunal shall settle the dispute in accordance with the rules of law chosen by the parties as applicable to the substance of the dispute.
Any designation of the right of a particular State shall be considered, unless expressly stated otherwise, as direct denoting the substantive legal rules of that State and not its rules of conflict of laws.
§ 2. In the absence of such a designation by the parties, the arbitral tribunal shall apply the rules of law that it considers most appropriate.
§ 3. The arbitral tribunal shall decide as an amicable composer only if the parties have expressly authorized it.
§ 4. The arbitral tribunal shall decide according to the rules of law or as an amiable composer, in accordance with the provisions of the contract, whether the dispute between the parties is of a contractual order and shall take into account the uses of the trade if the dispute between the merchants. "
Art. 44. In the same chapter, an article 1711 is inserted as follows:
"Art. 1711. § 1^er. In arbitral proceedings involving more than one arbitrator, any decision of the arbitral tribunal shall, unless otherwise agreed by the parties, be taken after deliberation by a majority of its members.
§ 2. Procedural matters may be decided by the President of the arbitral tribunal, if authorized by the parties.
§ 3. The parties may also agree that, where a majority cannot be formed, the vote of the chairman of the arbitral tribunal is preponderant.
§ 4. If an arbitrator refuses to participate in the deliberation or voting on the arbitral award, the other arbitrators may decide without him, unless the parties agree otherwise. The intention to render the award without the arbitrator who refused to participate in the deliberation or voting must be communicated to the parties in advance. "
Art. 45. In the same chapter, an article 1712 is inserted as follows:
"Art. 1712. § 1^er. If, during the arbitral proceedings, the parties agree to settle the dispute, the arbitral tribunal shall terminate the arbitral proceedings and, if the parties so request, shall, by an award, declare the agreement of the parties, unless it is contrary to public order.
§ 2. The award of agreement-party is rendered in accordance with Article 1713 and refers to the fact that it is an award. Such an award has the same status and effect as any other sentence on the merits of the case.
§ 3. The decision by which the award is declared enforceable is without effect to the extent that the agreement of the parties has been cancelled. "
Art. 46. In the same chapter, an article 1713 is inserted as follows:
"Art. 1713. § 1^er. The Arbitral Tribunal shall decide definitively or before it is entitled by one or more awards.
§ 2. The parties may set the time limit in which the award is to be rendered or provide for the terms and conditions under which the time limit will be fixed and, where appropriate, extended.
In the absence of having done so, if the arbitral tribunal delays in rendering its award and a period of six months has elapsed from the appointment of the last arbitrator, the president of the court of first instance may grant a period of time to the arbitral tribunal in accordance with Article 1680, § 3.
The mission of the arbitrators shall end in full right when the arbitral tribunal has not rendered its award on the expiry of the time limit.
§ 3. The arbitral award is written and signed by the arbitrator. In arbitral proceedings involving several arbitrators, the signatures of the majority of the members of the arbitral tribunal are sufficient, provided that the reason for the omission of others is mentioned.
§ 4. The arbitral award is motivated.
§ 5. The sentence includes, in addition to the device, the following:
(a) the names and domiciles of the arbitrators;
(b) the names and domiciles of the parties;
(c) the subject matter of the dispute;
(d) the date on which the award is rendered;
(e) the place of arbitration determined in accordance with Article 1701, § 1^erand the place where the sentence is rendered.
§ 6. The arbitral award shall liquidate the costs of arbitration and shall decide to which of the parties the payment is responsible or in which proportion they are shared between them. Unless otherwise agreed by the parties, these fees include fees and costs of arbitrators and fees and expenses of the boards and representatives of the parties, the costs of the services rendered by the institution responsible for the administration of the arbitration and any other costs arising from the arbitral proceedings.
§ 7. The Arbitral Tribunal may award a party to the payment of a breach. Articles 1385bis to octies are mutatis mutandis.
§ 8. After the arbitral award has been rendered, a copy is communicated in accordance with Article 1678, § 1^er, to each of the parties by the sole arbitrator or by the president of the arbitral tribunal, who ensures that each party receives in addition an original of the award if the method of communication retained in accordance with Article 1678, § 1^er did not take such an original. He files the original at the court of first instance. He informs the parties of this deposit.
§ 9. The award, in relations between the parties, has the same effects as a court decision. "
Art. 47. In the same chapter, an article 1714 is inserted as follows:
"Art. 1714. § 1^er. The arbitral proceedings shall be terminated by the signature of the arbitral award which exhausts the jurisdiction of the arbitral tribunal or by a closing decision rendered by the arbitral tribunal in accordance with § 2.
§ 2. The arbitral tribunal shall order the closure of the arbitral proceedings when:
(a) the applicant withdraws from the application, unless the respondent objects to it and the arbitral tribunal recognizes that it has a legitimate interest in the final settlement of the dispute;
(b) the parties agree to close the proceedings.
§ 3. The mission of the arbitral tribunal shall end with the closing of the arbitral proceedings, the communication of the award and its deposit, subject to articles 1715 and 1717, § 6. "
Art. 48. In the same chapter, an article 1715 is inserted as follows:
"Art. 1715. § 1^er. In the month of receipt of the award in accordance with Article 1678, § 1^erunless the parties have agreed otherwise,
(a) one of the parties may, upon communication to the other, request the arbitral tribunal to rectify in the text of the award any error of calculation, material or typographical error or any error of the same nature;
(b) if the parties have agreed to do so, a party may, by communication to the other party, request the arbitral tribunal to give an interpretation of a specific point or passage of the award.
If the arbitral tribunal considers that the application is founded, it shall correct or give the interpretation within one month of receipt of the application. The interpretation is an integral part of the sentence.
§ 2. The arbitral tribunal may, on its own initiative, correct any error of the type referred to in § 1^er(a) within the month following the date of the award.
§ 3. Unless otherwise agreed by the parties, one of the parties may, by communication to the other, request the arbitral tribunal, within the month following receipt of the award in accordance with Article 1678, § 1^erto make an additional award on Heads of Claims in the arbitral proceedings but not in the award. If the arbitral tribunal considers the application to be substantiated, the arbitral tribunal shall complete its award within two months, even if the deadlines provided for in Article 1713, § 2 are expired.
§ 4. The arbitral tribunal may extend, if necessary, the time limit it has to rectify, interpret or complete the award under § 1^er or § 3.
§ 5. Section 1713 applies to the correction or interpretation of the award or to the additional award.
§ 6. Where the same arbitrators cannot be brought together, the application for interpretation, rectification or completion of the arbitral award must be brought before the court of first instance.
§ 7. When the Court of First Instance returns an arbitral award under Article 1717, § 6, Article 1713 and this Article shall apply mutatis mutandis to the award rendered in accordance with the decision of referral. "
Art. 49. In the same section of the same Code, a chapter VII is inserted entitled “Chapter VII. Appeal against the arbitral award."
Art. 50. In chapter VII inserted by section 49, an article 1716 is inserted as follows:
"Art. 1716. An appeal against an arbitral award may only be appealed if the parties have provided for this possibility in the arbitration agreement. Unless otherwise stipulated, the time limit for appeal shall be one month from the communication of the award, in accordance with Article 1678, § 1^er. "
Art. 51. In the same chapter, an article 1717 is inserted as follows:
"Art. 1717. § 1^er. The request for cancellation is admissible only if the award can no longer be attacked before the arbitrators.
§ 2. The arbitral award may only be appealed to the court of first instance, by way of a summons, and may only be cancelled in the cases listed in this article.
§ 3. The arbitral award may only be cancelled if:
(a) the party making the request demonstrates:
(i) that a party to the arbitration agreement referred to in 1681 was incapacitated; or that the said Convention is not valid under the law to which the parties have submitted it or, if not an indication in this regard, under Belgian law; or
(ii) that it has not been duly informed of the designation of an arbitrator or arbitral proceedings, or that it has been impossible for another reason to assert its rights; in this case, however, there may be no cancellation if it is determined that the irregularity has not affected the arbitral award; or
(iii) that the award relates to a dispute that is not referred to or that is not included in the forecasts of the arbitration agreement, or that it contains decisions that exceed the terms of the arbitration agreement, provided that, if the provisions of the award that relate to matters subject to arbitration may be separated from those that relate to matters not subject to arbitration, only the portion of the award that contains decisions on matters not disposed of the arbitration or
(iv) the sentence is not motivated; or
(v) that the constitution of the arbitral tribunal, or arbitral proceedings, has not been in conformity with the agreement of the parties, provided that this agreement is not contrary to a provision of Part VI of this Code to which the parties cannot derogate, or, in the absence of such a convention, that it has not been in conformity with Part VI of this Code; with the exception of irregularity in the constitution of the arbitral tribunal, these irregularities may not, however, result in the cancellation of the arbitral award if it is determined that they did not affect the award; or
(vi) the arbitral tribunal has exceeded its powers; or
(b) the court of first instance finds:
(i) that the subject matter of the dispute is not likely to be settled by arbitration; or
(ii) that the sentence is contrary to public order; or
(iii) the award was obtained by fraud.
§ 4. Except in the case referred to in Article 1690, § 4, paragraph 1^er, a request for cancellation may not be filed after the expiry of a period of three months from the date on which the party introducing this application received the communication of the award in accordance with Article 1678, § 1^er, a), or, if an application has been filed under Article 1715, from the date on which the party introducing the cancellation application has received a communication from the arbitral tribunal on the application filed under Article 1715, pursuant to Article 1678, § 1^er(a).
§ 5. The cases referred to in § 2 (a), i., ii., iii. and v. shall not be considered as a cause for the annulment of the arbitral award when the party presuming to have known it during the arbitral proceedings and did not then invoke them.
§ 6. When it is requested to cancel an arbitral award, the Court of First Instance may, if any and at the request of a party, suspend the cancellation procedure for a period of time fixed by the Court to give the arbitral tribunal the opportunity to resume the arbitral proceedings or to take any other action that the arbitral tribunal may remove the grounds for cancellation. "
Art. 52. In the same chapter, an article 1718 is inserted as follows:
"Art. 1718. The parties may, by an express declaration in the arbitration agreement or by a subsequent agreement, exclude any appeal for the cancellation of an arbitral award where none of them is either a natural person with Belgian nationality or his or her habitual residence in Belgium, or a legal person having in Belgium, his or her statutory seat, principal institution or branch. "
Art. 53. In the same section of the same Code, a chapter VIII is inserted entitled “Chapter VIII. Recognition and enforcement of arbitral awards."
Art. 54. In chapter VIII inserted by section 53, an article 1719 is inserted as follows:
"Art. 1719. § 1^er. Arbitral award, made in Belgium or abroad, may be enforced only after the application of the enforceable formula, wholly or partially, by the court of first instance in accordance with the procedure referred to in Article 1720.
§ 2. The court of first instance may only award the enforceable formula if the award cannot be appealed to the arbitrators or if the arbitrators have ordered the provisional execution of the sentence notwithstanding appeal. "
Art. 55. In the same chapter, an article 1720 is inserted as follows:
"Art. 1720. § 1^er. The court of first instance is competent to hear an application concerning the recognition and enforcement of an arbitral award rendered in Belgium or abroad.
§ 2. The territorially competent court shall be the court of first instance of the seat of the court of appeal in which the person against whom the enforceable declaration is requested shall have his domicile and, in the absence of a domicile, his or her habitual residence where, in the event of failure, his or her head office, or in the absence of his or her place of business. If this person does not have a domicile, habitual residence, a head office or a branch office in Belgium, the application shall be brought before the court of first instance of the court of appeal of the district in which the sentence is to be executed.
§ 3. The application is filed and investigated on a unilateral request.
The appellant must make an election of domicile within the jurisdiction of the court.
§ 4. The applicant must provide the original of the arbitral award or a certified true copy and the original of the arbitration agreement or a certified true copy.
§ 5. The award may only be recognized or declared enforceable if it does not contravene the conditions of section 1721. "
Art. 56. In the same chapter, an article 1721 is inserted as follows:
"Art. 1721. § 1^er. The Court of First Instance shall not refuse the recognition and binding declaration of an arbitral award, irrespective of the country in which it was rendered, except in the following circumstances:
(a) at the request of the party against whom it is invoked, if the said party provides evidence:
(i) that a party to the arbitration agreement referred to in 1681 was incapacitated; or that the said agreement is not valid under the law to which the parties have subordinated it or, in the absence of any choice exercised, under the law of the country where the award was rendered; or
(ii) that the party against whom the award is invoked has not been duly informed of the designation of an arbitrator or arbitral proceedings, or that it has been impossible for another reason to assert its rights; in such cases, however, there may be no refusal of recognition or binding declaration of the arbitral award if it is determined that the irregularity did not affect the arbitral award; or
(iii) that the award relates to a non-target dispute or does not fall within the terms of the arbitration agreement, or that it contains decisions that exceed the terms of the arbitration agreement, provided that, if the provisions of the award that relate to matters subject to arbitration may be separated from those that relate to matters not subject to arbitration, only the portion of the award that contain decisions on matters subject to arbitration or
(iv) that the award is not substantiated while such motivation is prescribed by the rules of law applicable to the arbitral proceedings in which the award was pronounced; or
(v) that the constitution of the arbitral tribunal, or arbitral proceedings, has not been in conformity with the agreement of the parties or, in the absence of such a convention, with the law of the country where the arbitration took place; with the exception of irregularity in the constitution of the arbitral tribunal, these irregularities may not, however, result in a refusal of recognition or enforceable declaration of the arbitral award if it is determined that they did not affect the award; or
(vi) that the award has not yet become mandatory for the parties, or has been cancelled or suspended by a court of the country in which or under the law of which it was rendered;
(vii) the arbitral tribunal has exceeded its powers;
or
(b) if the trial court finds:
(i) that the subject matter of the dispute is not likely to be settled by arbitration; or
ii) that the recognition or enforcement of the award would be contrary to public order.
§ 2. The Court of First Instance shall, as long as it is not filed in support of the application, supersede a written arbitral award signed by the arbitrators in accordance with Article 1713, § 3.
§ 3. When there is a treaty between Belgium and the country where the sentence was rendered, the treaty prevails. "
Art. 57. In the same section of the same Code, a chapter IX entitled “Chapter IX is inserted. Prescription".
Art. 58. In chapter IX inserted by section 57, an article 1722 is inserted as follows:
"Art. 1722. The sentence imposed by an arbitral award is prescribed by ten years, from the date the arbitral award was communicated. » .
CHAPTER 3. - Transitional provision
Art. 59. This Act applies to arbitrations that begin in accordance with section 34 after the effective date of this Act.
Part VI of the Judicial Code, as drafted prior to the coming into force of this Act, remains applicable to arbitrations that began prior to the effective date of this Act.
This Act applies to shares that are brought before the judge, provided that they relate to arbitration referred to in paragraph 1^er.
Part VI of the Judicial Code, as drafted prior to the coming into force of this Act, remains applicable to pending or brought before the judge in respect of an arbitration referred to in paragraph 2.
CHAPTER 4. - Entry into force
Art. 60. This Act comes into force on the first day of the third month following that of its publication in the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 24 June 2013.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) See:
Documents of the House of Representatives:
53-2743 -2012/2013:
No. 1: Bill.
No. 2: Amendment.
No. 3: Report.
No. 4: Text corrected by the commission.
No. 5: Text adopted in plenary and transmitted to the Senate.
Full report: 16 May 2013.
Documents of the Senate:
5-2089 -2012/2013
No. 1: Project not referred to by the Senate.