Shipping 2026

BELGIUM Law and Practice Contributed by: André Kegels, Kegels Advocaten

The rights in rem will be determined per the law of the flag state. Foreign mortgages will be recognised if cer - tain conditions in respect of publicity thereof are met. For Belgian-flagged vessels, the hypotheque (Belgium does not know the concept of mortgages) comes after the ship’s privileges. 5.11 Insolvency Laws Applied by Maritime Courts In respect of insolvency, Belgium must abide by the EU Insolvency Regulation, in common with the rest of the EU. As in many countries, the conflict between maritime law and insolvency law is still ongoing. To date, courts have given priority to the obligations arising out of the 1952 Arrest Convention and, in doing so, have set the insolvency protection aside. This is still very much a debated issue. 5.12 Damages in the Event of Wrongful Arrest of a Vessel Courts are reluctant to condemn a party for wrongful arrest. A tort must have been committed. Losing the case on the merits, or the arrest being lifted, does not, by itself, establish that a tort has been committed by the arrestor. 6. Passenger Claims 6.1 Laws and Conventions Applicable to the Resolution of Passenger Claims EU Regulations and the Athens Convention, as amended by the 2002 Protocol to protect passengers, apply in Belgium. Some Belgian legislation incorpo - rates those provisions. Conflicting contractual agree - ments will be set aside. The following apply: • the NBMC (Article 2.6.2.34 and following); • the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (the “Athens Convention”, or PAL 1974) and the 2002 Protocol to PAL 1974 (the “PAL Protocol 2002”);

• Regulation (EU) No 392/2009, of 23 April 2009, on the liability of carriers of passengers by sea in the event of accidents – note that this Regulation rein - forces the PAL Protocol 2002, which was already applicable; • Regulation (EU) No 1177/2010, of 24 November 2010, concerning rights when travelling by sea and inland waterways, amending Regulation (EC) 2006/2004; and • the Belgian Statute Law on Travel Contracts, of 21 November 2017 (the “Travel Contracts Act”). Insofar as the PAL regime applies, the time bar is two years. The limitations and exonerations are per the PAL regime. These provisions have also been incorpo - rated into the NBMC. Insofar as the Travel Contracts Act applies, the time bar is also two years. There is no limitation or exoneration of liability. Claims for indemnities for personal injury or death of a passenger are recognised as a maritime lien under Belgian law. Nevertheless, such law will rarely be applicable because liens and mortgages are in prin - ciple determined by the law of the flag state. Such claims are maritime claims and entitle the arrest of the vessel. 7. Enforcement of Law and Jurisdiction and Arbitration Clauses 7.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading The NBMC is of mandatory application on this point of law. The courts have now confirmed that in carriage to and from Belgium, foreign jurisdiction clauses are not opposable to cargo interests. 7.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading The NBMC is of mandatory application on this point of law. There is no known case law on this point yet. However, courts will have to apply the same principles as under jurisdiction clauses (see 7.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading ). Consequently, in carriage to and from Bel - gium, arbitration clauses are not opposable to cargo interests.

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