BELGIUM Law and Practice Contributed by: Dominique Blommaert, Didier Bracke and Jens Benoot, Janson
7.7 Level of Intervention by a Judge The level of intervention by judges varies. Typi- cally, judges listen to the arguments presented and intervene as required. Some judges engage in what is known as “interactive debates”, tak- ing a more active role during the hearing. In civil cases, judgments are not usually rendered dur- ing the hearing but at a later date. 7.8 General Timeframes for Proceedings In general, a judgment in civil matters is typi- cally reached within a year following the initial hearing. However, appeal proceedings are more time-consuming, usually taking between two to five years. This timeframe can vary based on the case’s complexity and the number of mag- istrates in the relevant court of appeal. For cases involving interim or emergency measures, the duration is significantly shorter, in line with the urgent nature of such proceedings. Court approval is not necessary to settle a law- suit. If the parties sign a settlement agreement, this settlement is binding. The parties will then inform the court that the dispute has been set- tled. Alternatively, the parties may also ask the court directly to sanction their agreement in a “judgment by consent” ( jugement d’accord/ akkoordvonnis ), which provides the parties with an enforceable title. 8.2 Settlement of Lawsuits and Confidentiality The settlement of a lawsuit can remain confiden- tial since it is possible for parties to settle their dispute without the involvement of the courts or any third parties. Once a settlement is conclud- ed, the parties can formally withdraw the lawsuit 8. Settlement 8.1 Court Approval
without disclosing the content of the settlement to the court. Moreover, to ensure confidentiality, the parties can provide for non-disclosure obligations in the settlement agreement. 8.3 Enforcement of Settlement Agreements When one of the parties continues legal pro- ceedings, despite the dispute already being set- tled in a settlement agreement, the other party may invoke the settlement agreement to have the claim dismissed. If a party acts in breach of a settlement agree- ment, the other party can file suit for breach of contract and claim either specific performance, damages, or termination of the settlement agree- ment. 8.4 Setting Aside Settlement Agreements A settlement agreement may be set aside if deemed invalid by the court (eg, if one party is found to have deceived the other), or if the agreement is terminated for material breach. However, it is not uncommon for settlement agreements to include provisions excluding the right to terminate for material breach and limiting the possibility of having the agreement declared null and void. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant Traditionally, the preferred remedy in Belgian law is specific performance. However, if the perfor- mance of the contract is no longer possible or
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