Resolve Contractual Disputes in Belgium
Resolve Contractual Disputes in BelgiumUpdated on Tuesday 12th July 2016
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When conducting various business activities in Belgium, such as establishing trading relations between two legal entities, or purchasing a property or any other kind of activity which is set up through a contract, businessmen and natural persons should know that the Belgian legislation provides clear conditions on the rights and the obligations of the parties which have entered into an agreement. At times, the parties may enter into contractual disputes that appear when one of the provisions of the document is not respected as stated in the document. Our team of Belgian lawyers can assist persons with information on the ways in which contractual disputes can be resolved in Belgium.
Mediation in Belgium
Persons who have signed a contract and entered a contractual dispute can appeal as a first instance measure to mediation, which is a legal procedure carried out outside the Belgium courts. The procedure assumes that both parties are interested in resolving the dispute in a way favourable to those involved in it. The mediator will only try to find a reasonable manner to solve the dispute and will not impose a ruling.
The Belgian legislation applies two types of mediation procedures for contractual disputes. One refers to a free mediation procedure, which is established voluntarily by one of the parties, and the other one is the judicial mediation, imposed by a judge. However, the parties are allowed to refuse the procedure; our team of Belgian attorneys can offer more details on the judicial mediation.
The local legislation prescribes a set of institutions which are allowed to offer mediation services. An important institution in this sense is the Belgian Centre for Arbitration and Mediation.
It is also important to know that such centres are also organized by specific industries.
Arbitration in Belgium
If mediation fails to provide a suitable agreement for the contractual litigation, the parties can appeal to the arbitration procedure, which is held by an arbitrator with similar rights as those of the judge. The ruling provided by the arbitrator has a legal background, which should be respected as prescribed.
The decision of the arbitrator is written down and each party receives a copy of the decision, while another copy is deposited at the registry of the court.
Persons who are interested in other ways in which contractual disputes can be resolved in Belgium can address to our Belgian law firm for legal representation.