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CHAPTER 4 - Belgium - Interim Measures in International Arbitration

Author(s): 
Bernard R. Hanotiau
Page Count: 
10 pages
Media Description: 
1 PDF Download
Published: 
June, 2014
Jurisdictions: 
Belgium
Practice Areas: 
Interim Measures of Protection
Tags: 
Interim Measures

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Originally from: Interim Measures in International Arbitration

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RELIEF PROVIDED BY COURTS

1. (a) Are courts authorized to issue orders of attachment,
injunctions or other provisional orders with respect to
arbitration proceedings?
 
Yes. Article 1679(2) of the Belgian Judicial Code provides that even
if there is an arbitration agreement, the parties may always request from
domestic courts the granting of conservatory or provisional measures.
 
(b) If so, please describe the nature of any such provisional
relief that is available.
 
The parties may request all kinds of provisional measures, without
limitation, including injunctions, attachments, etc.
 
2. What are the conditions that must be satisfied by an applicant
for a court to grant provisional remedies in relation to
arbitration?
 
The conditions are the same than those to be fulfilled to obtain
provisional remedies in relation to court cases. You have to show
urgency, the existence of a risk, for example a risk of insolvency of the
debtor and a good probability of success of your claim.
 
3. (a) If provisional relief in connection with arbitration is
available from a court, may such orders of provisional relief
be in connection with arbitration taking place only in your
country (domestic), or outside the country (foreign) as well?
 
There is no clear case law in this respect. A court would probably
accept jurisdiction to order provisional relief in connection with an
arbitration taking place outside the country if there is a connection with
Belgium (for example attachment of bank account in Belgium).