March 2017 - Page 2 of 2 - international litigation blog
0
archive,date,paged,paged-2,date-paged-2,ajax_fade,page_not_loaded,,select-child-theme-ver-1.0.0,select-theme-ver-3.4,wpb-js-composer js-comp-ver-4.12.1,vc_responsive
 

March 2017

Belgian Constitutional Court Rules Third Party Opposition Against Arbitral Awards Admissible

On 16 February 2017, the Belgian Constitutional Court (the Constitutional Court) held that third parties should be entitled to lodge third party opposition (tierce opposition) against arbitral awards.

This judgment arose following an arbitral award given in 2012. A company that was not a party to the arbitration proceedings but nevertheless felt aggrieved by the award initiated third party proceedings before the Brussels Court of First Instance seeking the annulment of the award. Uncertain as to whether the relevant provisions of the Belgian Judicial Code allowed a third party to stage such proceedings, the Brussels Court of First Instance stayed the proceedings and referred the matter to the Constitutional Court for a preliminary ruling.READ MORE

0