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Belgium - Code Judiciaire 19 May 1998
Free Translation of the Law of 19 May 1998 Amending the Belgian Legislation Relating to Arbitration
As amended or introduced for the first time, the relevant provisions of the Code judiciaire henceforth read as follows:

Article 1676.2

Article 1690.

Article 1693.

Article 1696.

Article 1696 bis

Article 1699.

Article 1700.

Article 1702 bis

Article 1703.2

Article 1709 bis

Article 1717.

Code judiciaire Belge: sixième partie - L'arbitrage (Articles 1676 à 1723)

Article 1676

Article 1677

Article 1678

Article 1679

Article 1680

Article 1681

Article 1682

Article 1683

Article 1684

Article 1685

Article 1686

Article 1687

Article 1688

Article 1689

Article 1690

Article 1691

Article 1692

Article 1693

Article 1694

Article 1695

Article 1696

Article 1697

Article 1698

Article 1699

Article 1700

Article 1701

Article 1702

Article 1703

Article 1704

Article 1705

Article 1706

Article 1707

Article 1708

Article 1709

Article 1710

Article 1711

Article 1712

Article 1713

Article 1714

Article 1715

Article 1716

Article 1717

Article 1718

Article 1719

Article 1720

Article 1721

Article 1722

Article 1723

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Belgium - Code Judiciaire 19 May 1998

copy @ Lex Mercatoria

Belgium - Code Judiciaire 19 May 1998
Free Translation of the Law of 19 May 1998 Amending the Belgian Legislation Relating to Arbitration
As amended or introduced for the first time, the relevant provisions of the Code judiciaire henceforth read as follows:

Code judiciaire Belge: sixième partie - L'arbitrage (Articles 1676 à 1723)

Article 1704

1. An arbitral award may be contested before a judicial authority only by way of an application to set aside and may be set aside only in the cases mentioned in this Article.

2. An arbitral award may be set aside:

(a) if it is contrary to ordre public ;

(b) if the dispute was not capable of settlement by arbitration;

(c) if there is no valid arbitration agreement;

(d) if the arbitral tribunal has exceeded its jurisdiction or its powers;

(e) if the arbitral tribunal has omitted to make an award in respect of one or more points of the dispute and if the points omitted cannot be separated from the points in respect of which an award has been made;

(f) if the award was made by an arbitral tribunal irregularly constituted;

(g) if the parties have not been given an opportunity of substantiating their claims and presenting their case, or if there has been disregard of any other obligatory rule of the arbitral procedure, insofar as such disregard has had an influence on the arbitral award;

(h) if the formalities prescribed in paragraph 4 of Article 1701 have not been fulfilled;

(i) if the reasons for the award have not been stated;

(j) if the award contains conflicting provisions.

3. An award may also be set aside:

(a) if it was obtained by fraud;

(b) if it is based on evidence that has been declared false by a judicial decision having the force of res judicata or on evidence recognised as false;

(c) if, after it was made, there has been discovered a document or other piece of evidence which would have had a decisive influence on the award and which was withheld through the act of the other party.

4. A case mentioned in sub-paragraph (c), (d) or (f) of paragraph 2 shall be deemed not to constitute a ground for setting aside an award where the party availing himself of it had knowledge of it during the arbitration proceedings and did not invoke it at the time.

5. Grounds for the challenge and exclusion of arbitrators provided for under Articles 1690 and 1692 shall not constitute grounds for setting aside within the meaning of paragraph 2 (f) of this Article, even when they become known only after the award is made.


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