☞ This document is solely for information purposes. It is not to be considered as professional (legal or other) advice and the templates provided are not to be used “as is”. The Bar Association cannot be held liable for any actions based thereon. Please contact a lawyer belonging to the Liege Bar (whose liability is insured) to adapt them to your specific needs.
Arbitration clause to be included in your contract
As arbitration is now recognised as an excellent way of quickly and flexibly settling disputes (avoiding courts and in camera hearings) likely to arise in a large number of business sectors, the Liege Bar has taken the initiative and set up the Euregio Arbitration Centre (EAC), enabling parties in dispute to resort to an arbitration procedure conducted by specialists in the disputed material.
For this purpose, the EAC has developed Rules of Procedure combining flexibility and efficiency with the aim of allowing the concerned parties to come to a speedy decision with full legal (and even technical/scientific) backing. Insofar as the dispute raises specific technical or scientific aspects, it may be advisable to select arbitrators with sufficient background in the disciplines concerned.
In line with the Belgian Judicial Code, the EAC's Rules of Procedure have been designed to enable the parties to reach agreement on the number of arbitrators, the scope of their mission, the procedure to follow, the place at which the arbitration will take place, and the basic rules underlying the process, while at the same time respecting confidentiality and making sure that the associated costs are in line with the issues at stake.
A lawyer may assist you in an arbitration case or himself act as an arbitrator on account of his competence, independence and ethics.
☞ Select your counsel from the directory of Liege Bar lawyers and,
☞ if you decide to have only one arbitrator : together with the other party, select one arbitrator from the list of arbitrators of the Euregio Arbitration Centre (EAC).
☞ if you decide to have a tribunal of 3 arbitrators, select one arbitrator form the list of arbitrators of the EAC and the other party will do the same.
☞ or select a mediator from the list of certified mediators of the Liege Bar mediation Centre.
As these Rules of Procedure only apply to the arbitration of a dispute specifically referred to the EAC, the latter recommends that the interested parties, right from the beginning of their relationship, provide for arbitration under the EAC umbrella through including in their contracts a clause as follows:
Template 1: mediation and arbitration clause
In the event of a dispute arising from this Contract or related to it, in particular with regard to its formation, existence, validity, effects, interpretation, execution, cancellation or termination, the parties undertake, in accordance with Article 1725 § 1 of the Belgian Judicial Code, to initiate a mediation process with a certified mediator lawyer prior to starting arbitration.
In the event of the mediation being unsuccessful, the dispute shall be permanently settled by way of arbitration in accordance with the EAC (Euregio Arbitration Centre) Rules of Procedure.
Template 2: arbitration clause
Any dispute arising from this Contract or related to it, in particular with regard to its formation, existence, validity, effects, interpretation, execution, cancellation or termination, shall be permanently settled by way of arbitration in accordance with the EAC (Euregio Arbitration Centre) Rules of Procedure.
☞ Consult a lawyer to adapt this clause to your specific needs
In the case of dispute arising between the parties and they being unable to resolve it amicably, all that is needed is for one of them to contact the EAC (Palais de justice - place Saint Lambert, 16 - 4000 LIEGE, Tel.: +32 4 232 51 11, Fax: +32 4 223 19 99, ), in compliance with the form and content foreseen in its Rules of Procedure, to initiate a speedy, prescriptive and binding arbitration process.
© Barreau de Liège (use of this contract, freely transferable, is only valid when you leave in this ©)
Arbitration clause - V. 16/06/29