Shipping 2025

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

by sea in the event of accidents – note that this Regulation reinforces the PAL Protocol 2002, which was already applicable; • Regulation (EU) No 1177/2010, of 24 Novem - ber 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 incor - porated 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 mari - time lien under Belgian law. Still, such law will rarely be applicable because liens and mortgag - es are in principle determined by the law of the flag. Such claims are maritime claims and entitle the arrest of the vessel. 6. Enforcement of Law and Jurisdiction and Arbitration Clauses 6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading The NBMC is of mandatory application on this point of law, but there is not yet any known case law on whether courts in Belgium will recognise and enforce law and jurisdiction clauses stated in bills of lading.

Courts are expected to extend the existing case law, which has denied the application of for - eign jurisdiction or arbitration clauses where the claimant was a third-party holder of a negoti - ated bill of lading to all claims arising out of con - tracts of carriage irrespective of a bill of lading, a Seaway bill or another document of carriage having been issued. This is unless the carriage falls under the exceptions of the principles of the Hague–Visby Rules. 6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading The NBMC is of mandatory application on this point of law, but there is not yet any known case law on whether courts in Belgium will recognise and enforce a law and arbitration clause of a charterparty incorporated into a bill of lading. Historically, courts have not recognised foreign jurisdiction or arbitration clauses where the claimant was a third-party holder of a negoti - ated bill of lading. The underlying principle is that the third-party holder of a bill of lading is entitled to the minimum protection of the Hague–Visby Rules, and that foreign jurisdiction or arbitration clauses could not guarantee such protection. Now, and under the NBMC, this protection is extended to all claims arising out of contracts of carriage, irrespective of a bill of lading, a Seaway bill or another document of carriage having been issued. 6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards The 1958 New York Convention on the Recogni - tion and Enforcement of Foreign Arbitral Awards is applicable in Belgium. Domestic law has incorporated the rules on arbi - tration into the Judicial Code.

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