As the Belgian Arbitration Act of 24 June 2013 entered into force on 1
September 2013, it seemed appropriate to celebrate the second anniversary of
this progressive and modern piece of legislation with a book. This volume is the
result of an excellent cooperation of the Institute of Private International Law of
KU Leuven and Cepani.
Dispute resolution of all types, raises issues of choice of law and choice of
‘court’ or venue. Parties have to ascertain lex arbitri (the law of the arbitration
agreement); the curial law (the procedural law which will guide the arbitration
proceedings, despite the latin curia not commonly referred to as lex curia); and
the ‘proper law’, the law that governs the actual contract (lex causae. In the
case of contractual arrangements, the lex contractus). Current volume reviews
important aspects of Belgian law as the curial law. It is a welcome contribution
to scholarship, which the Institute of Private International law was most happy
to contribute to.
In addition, this volume is welcomed by the arbitration community. Following
the introduction of a completely revised Part VI of the Belgian Judicial Code,
an in-depth analysis with regard to its wording, structure and underlying
mechanisms is required in order to facilitate its correct application. This
volume serves exactly that purpose. Renowned Belgian arbitration practitioners
and scholars – some of whom were members of the 2008 Working Group that
drafted the new law – have contributed and shared their views, insights and
experience, covering all aspects of the new arbitration law. Therefore, CEPANI
is grateful that the Institute of Private International Law facilitated the come
into being of this book.