BELGIUM Law and Practice Contributed by: Dominique Blommaert, Didier Bracke and Jens Benoot, Janson
11. Costs 11.1 Responsibility for Paying the Costs of Litigation The losing party pays the costs of the proceed- ings, including the attorney’s fees based on a lump sum that is governed by Royal Decree. If a counterclaim is successful, the costs may also be shared. 11.2 Factors Considered When Awarding Costs In most cases, the amount at stake determines the applicable lump sum for the attorney’s fees and may be increased or decreased based on certain parameters such as the complexity of the dispute, the financial capacity of the losing party, the contractual indemnities agreed upon for the successful party or the unreasonableness of the situation. 11.3 Interest Awarded on Costs Interest can be awarded on costs although this is rarely the case in practice. However, if applied, it is calculated on arrears. 12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country Alternative dispute resolution (ADR) has gained considerable traction over the past five years, following a change in the Judicial Code which led Belgian courts to increasingly promote medi- ation. See 12.2 ADR Within the Legal System in this regard. Arbitration (see 13. Arbitration ) and mediation are the most commonly used ADR methods in Belgium.
cifically prohibits an appeal, such as with small claims. The party or parties dissatisfied with the first instance judgment can lodge an appeal. Appeals made to the Belgian Supreme Court are limited to legal analysis and do not involve a review of the factual elements of the case. The Supreme Court’s role is not that of a third instance. If it opts to annul a judgment, the case is transferred to another court of appeal for re- examination. 10.3 Procedure for Taking an Appeal In general, the appeal must be lodged within one month from the date of service of the first instance judgment or, if applicable, from the date of notification. It must be lodged with the competent court of appeal. For supreme court proceedings, a three-month term applies, and the appeal is filed via a lawyer admitted to the Supreme Court Bar. 10.4 Issues Considered by the Appeal Court at an Appeal The court of appeal will only rule within the limits of the appeal formulated by the parties. See also 10.2 Rules Concerning Appeals of Judgments . 10.5 Court-Imposed Conditions on Granting an Appeal The court of appeal cannot impose conditions on granting an appeal. 10.6 Powers of the Appellate Court After an Appeal Hearing The court of appeal will either confirm the first instance judgement or overturn it in whole or in part. The Supreme Court will either confirm or annul the judgment in whole or in part.
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