BELGIUM Law and Practice Contributed by: Nathalie Colin, Maria-Clara Van den Bossche, Kevin Xhebexhia and Florence Frühling, Freshfields
2. Governing Legislation 2.1 Governing Law
3. The Arbitration Agreement 3.1 Enforceability
The Belgian Arbitration Act of 24 June 2013 aimed to harmonise Belgian law with the UNCITRAL Model Law and has been implemented into Part VI of the BJC. The preparatory words of the Belgian Arbitra - tion Act confirm that the Belgian legislature wished to present Belgium “as a country open to international arbitration and as a country with progressive arbitra - tion legislation”. Although Belgian arbitration law is largely inspired by the UNCITRAL Model Law, it departs from it in several respects. For example: • Part VI of the BJC applies to all types of arbitra - tion – not just commercial arbitration – and does not distinguish between domestic and international arbitration (Article 1676 BJC); • an arbitral award rendered in Belgium must state the reasons upon which the decision is based (Arti - cle 1713, Section 4 BJC); and • the absence of reasoning is a ground for annulment of the award (Article 1717, Section 3 (a)(iv) BJC). 2.2 Changes to National Law There have been no substantial changes to Belgian arbitration law since the Law of 28 March 2024, which introduced technical amendments to Part VI of the BJC, primarily simplifying the time limits for annulment and enforcement challenges of awards, as well as pro - hibiting the recognition or enforcement of annulled awards. Belgium has not yet withdrawn from the Energy Char - ter Treaty (ECT), which led the European Commission to issue, in January 2026, a letter of formal notice call - ing on Belgium to proceed with its withdrawal. However, Belgium signed the EU Agreement on the Interpretation and Application of the ECT (2026/757) on 18 February 2026, which expresses the parties’ common understanding that Article 26 of the ECT cannot serve as a legal basis for intra-EU arbitration proceedings. This agreement still needs to be ratified.
An arbitration agreement must reflect the parties’ clear and mutual consent to submit their disputes to bind - ing arbitration (Article 1681 BJC). As with any contract under Belgian law, an arbitration agreement must be supported by valid consent from parties with legal capacity, and it must involve both a lawful object and a legitimate cause. Part VI of the BJC does not require that an arbitration agreement be recorded in a written document. 3.2 Arbitrability In principle, all pecuniary claims and non-pecuniary claims that are capable of settlement can be submit - ted to arbitration (Article 1676 BJC). While certain types of disputes are entirely excluded from arbitra - tion (eg, criminal law, tax litigation), others are sub - ject to restrictions. For example, disputes arising from employment contracts and certain insurance contracts can only be referred to arbitration once the dispute has arisen. Intellectual property and consumer disputes are also subject to specific limitations. More - over, claims that are contrary to public policy cannot be submitted to arbitration. In a landmark decision dated 7 April 2023, the Belgian Court of Cassation overturned its previous case law and held that disputes concerning the termination of exclusive distribution agreements may be submitted to arbitration – even when governed by foreign law – provided that the Rome I Regulation applies. Finally, public legal entities may enter into arbitra - tion agreements only to resolve contractual disputes, unless otherwise authorised by specific legislation or royal decrees. 3.3 National Courts’ Approach Belgian Courts’ Approach as Regards Determining the Law Governing the Arbitration Agreement Under Belgian law, parties are permitted to choose the rules of law applicable to their dispute (Article 1710, Section 1 BJC). This flexibility notably allows them to designate rules developed by international bodies that have not yet been incorporated into national law (eg,
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