BELGIUM Trends and Developments Contributed by: Nathalie Colin and Florence Frühling, Freshfields LLP
Conclusion International arbitration is undergoing rapid change, bringing both efficiency gains and new legal uncer - tainties. Belgium’s arbitration landscape illustrates the importance of staying ahead of developments – whether in the drafting of dispute resolution clauses, navigating jurisdictional challenges or harnessing the potential of AI – while safeguarding core values such as confidentiality and fairness. Parties should carefully consider the legal and practical implications of asym - metric clauses, be aware of evolving legal tools such as anti-arbitration injunctions, and approach the inte - gration of AI in dispute resolution with both pragma - tism and caution. By keeping abreast of these trends and adapting their strategies proactively, clients can protect their interests and benefit from the opportuni - ties offered by international arbitration in Belgium and beyond.
professional secrecy, particularly if sensitive data is mishandled through AI. Key takeaways The use of AI in international arbitration has grown rapidly in recent years, and this trend is expected to continue: while in 2018 most arbitration practitioners supported the use of AI, few had adopted it in prac - tice. By 2025, however, the landscape has evolved dramatically. A majority now expect to use AI for research and data analytics (91%), drafting corre - spondence (75%) and preparing submissions (66%). Yet, integration is not without challenges. Concerns persist around undetected errors, algorithmic bias, breaches of confidentiality and the lack of regulatory clarity. These reflect deeper unease about delegat - ing sensitive or judgement-based tasks to automated systems. Within this global evolution, Belgium stands out as a jurisdiction that is both technologically open and institutionally cautious. Belgian arbitration practition - ers are embracing AI tools pragmatically – driven by innovation but grounded in core principles such as confidentiality, fairness and procedural integrity. Their approach reflects a careful balancing act: harness - ing the benefits of AI while safeguarding the trust and rigour that underpin the arbitral process.
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