Just published on Practical Law Arbitration: “Judges must only partially annul awards where possible (Belgian Court of Cassation)”

Joanna Kolber and Cyro Vangoidsenhoven commented for Practical Law Arbitration on another judgement of the Court of Cassation of 10 February 2023 (see also https://www.strelia.com/en/insight/just-published-on-practical-law-arbitration-belgian-court-of-cassation-prohibits-arbitrators-from-interfering-with-post-award-proceedings). According to the Court of Cassation, state courts must only annul arbitral awards to the extent necessary. Therefore, when seized with an action for annulment, courts have to verify whether partial annulment of an arbitral award is possible, even if none of the parties advances such an argument. If the reply is positive the courts must only partially annul the award. This ruling was made pursuant to the Belgian arbitration law in force before 2013 but remains relevant also under the current arbitration law.

The full update is available here: https://uk.practicallaw.thomsonreuters.com/w-038-9687

Case: C.21.0273.N (Court of Cassation) (10 February 2023).

This update was originally published on Practical Law Arbitration on 27 March 2023 and is reproduced with the permission of Thomson Reuters.