In recent years, the time and resources dedicated to post-award issues, including defending against challenges to awards and the necessity to have awards recognised and enforced abroad, have grown significantly. Our arbitration teams in Luxembourg and Belgium have contributed to the GAR Know-how - Challenging and Enforcing Arbitration Awards publication, covering the technicalities and strategies relating to these issues.
For legal professionals and parties involved in arbitration matters in Luxembourg and Belgium, these chapters offer comprehensive overviews of the relevant laws and their procedures for challenging and enforcing awards. They are must-reads for effectively navigating arbitration-related court proceedings in these jurisdictions and leveraging their robust legal frameworks.
Luxembourg
The new Luxembourg Arbitration Law of 19 April 2023 marks a significant step in the promotion of Luxembourg as a place of arbitration and of enforcement of foreign awards. Awards creditors globally look to Luxembourg to enforce their awards against assets held by their debtors, in particular with Luxembourg banks, as the enforcement procedure is very creditor friendly.
In the Luxembourg chapter, our dispute resolution team dive into the procedural details of the recognition and enforcement of foreign awards, including which kinds of assets can be attached, interim measures, time limits, service, and more.
Belgium
The Belgian Arbitration Law, introduced by the Act of June 24, 2013, and subsequently amended, is largely inspired by the UNCITRAL Model Law. This law provides clear procedures for recourse against awards.
In the Belgium chapter, read more on the recognition and enforcement of arbitral awards, requests for annulment, the possibility to obtain interim measures such as conservatory attachments, and special considerations for foreign states, including conditions for invoking or waiving sovereign immunity.
Download both chapters below.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
