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Establishing a Business Entity in Belgium (Updated)
I. INTRODUCTION - (i) Our law firm - & DE BANDT is a law firm with a multidisciplinary approach and a focus on complex litigation. It addresses legal issues within the European economy that are driven by digital innovation, evolving business models, climate sustainability and other significant developments. & DE BANDT's specialization covers key legal areas such as EU law, competition law, regulatory compliance, public procurement, intellectual property, technology and data protection.
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Nonarbitrability and Mandatory Rules: Brothers, Not Twins
Notwithstanding the lack of clear legislative intent, Belgian judges have unilaterally prohibited the arbitration of exclusive distribution disputes, unless a specific Belgian pro-distributor statute was applied or unless similar substantive foreign rules were applied. However, in 2023, the Court of Cassation finally reversed its jurisprudence. Yet, the syllogism underlying this longawaited reversal remains unsatisfactory. It mistakenly equates a conflict-of-laws issue concerning mandatory rules with questions of nonarbitrability under international arbitration law. Such an overly simplistic assimilation is inappropriate in many respects. It dilutes the tailored legal standard applicable to international arbitration into a lesser question of applicable rules. It unduly prevents a subject matter from entering ratione materiae into the arbitration field. Upon closer examination, it conflates two substantively different gateways to arbitration: the nonarbitrability doctrine (Article V(2)(a) of the New York Convention) and the public policy exception (Article V(2)(b) thereof). In so doing, it needlessly erodes confidence in the arbitral process, which is based on parties’ autonomy, and violates the principles of judicial noninterference in international arbitral proceedings and of competence-competence. In essence, regardless of the pro-arbitration outcome in the case at hand, this flawed syllogism violates the New York Convention’s straightforward language and pro-arbitration ethos by potentially generating unnecessary, unforeseeable, and improper exceptions to arbitration. Originally published in the Journal of International Arbitration - October 2024.
- Manifestly Unreasonable Dismissal, Reasons For Dismissal And Prior Hearing For Public Sector Contractual Workers
- A Step Forward In Green Marketing Regulation: EU Directives Target Greenwashing And Strengthen Requirements For The Use Of Green Claims And Environmental Labels
- What Does Book 6 Of The New Civil Code Mean For The Worker's Liability?
- Waiver Of Registration Duties In Case Of Amicable Termination Of A Private Sales Agreement
- Significant Increase Of Surcharge In Case Of No Or Insufficient Tax Prepayments
- Deforestation Regulation: Impacts Of A Possible Delay In Risk Classification Of Countries And Other Recent Developments
- Whistleblowing Schemes - Update On The Calculation Of The Threshold Of 50 Employees
- Belgium's New Civil Code: Implications For Tort Law And Sustainability