An Act To Amend The Sixth Part Of The Judicial Code Relating To Arbitration (1)

Original Language Title: Loi modifiant la sixième partie du Code judiciaire relative à l'arbitrage (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009310&caller=list&article_lang=F&row_id=1200&numero=1231&pub_date=2013-06-28&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-06-28 Numac: 2013009310 FEDERAL JUSTICE PUBLIC SERVICE 24 June 2013. -Act to amend Part VI of the Judicial Code relating to arbitration (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendments to the sixth part of the Judicial Code relating to arbitration arts. 2. in the Judicial Code, articles 1676 in 1723 the sixth part, entitled "Arbitration", inserted by the Act of 4 July 1972 and amended by the laws of the 27 March 1985 and may 19, 1998, are repealed.
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3. in the same part of the same Code, it is inserted a chapter I entitled "chapter I:. General provisions.
S. 4. in chapter Ier inserted by article 3, article be inserted a 1676 as follows: «art.» 1676 § 1. Any cause of nature can be the subject of an arbitration. The causes of non-patrimoniale nature on which it is permitted to compromise may also be the subject of an arbitration.
§ 2. Anyone who has the capacity or the power of compromise, may enter into an arbitration agreement.
§ 3. Without prejudice to the special laws, legal persons governed by public law may conclude an arbitration agreement when it is aimed at the settlement of disputes relating to a convention. The arbitration agreement is subject to the same conditions as to its conclusion that the convention which is the subject of arbitration. In addition, legal persons governed by public law may conclude an arbitration agreement in any material determined by the law or by royal decree deliberated in the Council of Ministers. This order may also lay down the conditions and the rules relating to the conclusion of the convention.
§ 4. The foregoing provisions shall apply subject to the exceptions provided by law.
§ 5.
Subject to the exceptions provided for by law, is void any arbitration agreement entered into before the birth of a dispute before the Labour Court must know under articles 578 to 583.
§ 6. Articles 5 and 14 of the Act of 16 July 2004 on the Code of private international law apply in arbitration and Belgian judges are also competent when the place of arbitration is in Belgium within the meaning of article 1701, § 1, during the introduction of the request.
As long as the place of arbitration is not fixed, the Belgian judges are competent to take the measures referred to in articles 1682 and 1683.
§
7. Unless otherwise agreed by the parties, the sixth part of this Code applies when the place of arbitration within the meaning of article 1701, § 1, is located in Belgium.

§ 8. By way of derogation from § 7, the provisions of articles 1682, 1683, 1696 to 1698, 1708 and 1719 to 1722 apply regardless of the place of arbitration and notwithstanding any contrary conventional clause. ».
S. 5. in the same chapter, it is inserted an article 1677 as follows: «art.» 1677 § 1. In the present part of the Code, 1 ° the words "arbitral tribunal" means a sole arbitrator or more arbitrators;
2 ° the word 'communication' refers to the transmission of a piece written both between the parties and between the parties and the arbitrators and the parties and third parties who organize the arbitration, subject to a means of communication or in a manner that provides a proof of service.
§ 2. Where a provision of this part, with the exception of article 1710, allows the parties to decide a question referred, this freedom includes the right for the parties to authorize a third party to decide this question. ».
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6. in the same chapter, it is inserted an article 1678 as follows: «art.» 1678 § 1. Unless otherwise agreed by the parties, the communication was delivered or sent to the recipient in person, his home or residence, or to e-mail address or whether it was a legal person, its registered office, or its principal place of business or its email address.
If none of these places could be found after reasonable inquiry, communication is via validly known surrender or sending it to the last place of residence known or last known residence, or if it is a legal person, the last known registered office or the last known principal place of business or at the last address e.
§ 2. Unless otherwise agreed by the parties, the time which start to run against the consignee, from communication, shall be computed: was) when the communication is effected by delivery against acknowledgement of receipt dated from the first day which follows;
(b) when the communication is made by electronic mail or by other means of communication that provides a proof of service, from the first day following the date indicated on the acknowledgement of receipt;
(c) when the communication is made by registered mail with acknowledgement of receipt, from the first day following that where the mail was presented to the recipient in person at his home or at his residence, either at its registered office or principal place or, where applicable, to the last known domicile or last residence known either to the last known registered the last principal known;
(d) when the communication is made by mail, from the third working day following that where the mail was presented to postal services, unless the addressee provides evidence to the contrary.
§ 3. Communication is presumed to be made to the recipient the day of receipt.
§ 4. This article shall not apply to communications in court proceedings. ».
S. 7. in the same chapter, it is inserted an article 1679 as follows: «art.» 1679. a party who knowingly, without lawful reason, fails to invoke an irregularity in a timely manner before the arbitral tribunal shall be deemed to have waived rely. ».
S. 8. in the same chapter, it is inserted an article 1680 as follows: «art.» 1680 § 1. The president of the Court of first instance, ruling as in chambers, on unilateral application by the most diligent party, shall appoint the arbitrator in accordance with article 1685, §§ 3 and 4.
The president of the Court of first instance ruling as in chambers, on quote is the replacement of an arbitrator under section 1689, § 2.
The decision of appointment or replacement of an arbitrator is not subject to appeal.
However, appeal may be made against this decision when the president of the Court of first instance States be held at appointment.

§ 2. The president of the Court of first instance ruling as in chambers, on quote, to decide on the offset of an arbitrator pursuant to 1685, § 7, on the recusal of an arbitrator in accordance with section 1687, § 2, and on the failure or inability of an adjudicator in the case provided for in article 1688 § 2. His decision is likely to no remedy.

§ 3. The president of the Court of first instance ruling as in chambers, may set a time limit to the arbitrator to make an award under the conditions laid down in article 1713, § 2. His decision is likely to no remedy.
§ 4. The president of the Court of first instance ruling as in Chambers takes all necessary measures for the taking of evidence in accordance with article 1709. His decision is likely to no remedy.
§ 5. Except in the cases referred to in §§ 1 to 4, the Court of first instance is competent. He adjudicates with quote, in first and last instance.
§ 6. Subject to article 1720, the actions referred to in this article are of the competence of the judge whose headquarters is that of the Court of appeal in whose jurisdiction the place of arbitration is set.
This place has not been fixed, is competent the judge whose headquarters is that the Court of appeal in whose jurisdiction is located the jurisdiction which could know of the dispute were not be submitted to arbitration.
».
S. 9. in the same part of the same Code, it is inserted a chapter II entitled ' chapter II '. Arbitration agreement.
S. 10. in chapter II inserted by article 9, it is inserted an article 1681 as follows: «art.» 1681. an arbitration agreement is an agreement whereby the parties to submit to arbitration all or certain disputes which were born or which may arise between them concerning a legal, contractual relationship or not. ».
S. 11. in the same chapter, it is inserted an article 1682 as follows: «art.» 1682 § 1. The judge hearing a dispute that is the subject of an arbitration agreement expresses without jurisdiction at the request of a party, at least as regards that dispute the convention is not valid or did end. ÷ penalty of inadmissibility, the exception must be provided before any other exceptions and defences.
§ 2. When the judge is seized of an action in the § 1, arbitral proceedings may nevertheless be brought or continued, and an award may be made. ».
S. 12. in the same chapter, it is inserted an article 1683 as follows: «art.» 1683. a request to justice, before or during the arbitration proceedings for the grant of interim measures and the granting of such measures are not incompatible with an arbitration agreement and do not involve renouncing it. ».

S. 13. in the same part of the same Code, it is inserted a chapter III entitled "chapter III." Composition of the arbitral tribunal ".
S. 14. in chapter III inserted by article 13, it an is inserted 1684 as follows: «art.» 1684 § 1. The parties may agree upon the number of arbitrators provided that it is odd.
There may be a single arbitrator.
§ 2. If the parties have provided an even number of arbitrators, shall be made to the appointment of an additional arbitrator.
§ 3. ÷ failing agreement between the parties on the number of arbitrators, the arbitral tribunal is composed of three arbitrators. ».
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15. in the same chapter, it is inserted an article 1685 as follows: «art.» 1685 § 1. Unless otherwise agreed by the parties, a person cannot, because of his nationality, be prevented from exercising the function of arbitrator.
§ 2. Without prejudice to §§ 3 and 4, as well as the requirement General dindependance and impartiality of arbitrators, the parties may agree on the procedure for the designation of the arbitrator or arbitrators.
§ 3. In the absence of such a convention;
(a) in the case of arbitration with three arbitrators, each Party shall appoint an arbitrator and the two arbitrators so designated choose the third arbitrator; If a party fails to appoint an arbitrator within a period of one month from the receipt of an application for that purpose by the other party, or if the two arbitrators do not agree on the choice of the third arbitrator within a period of one month from the appointment of the second arbitrator, is made to the appointment of the arbitrator by the president of the Court of first instance acting on a request of the party the most due diligence under article 1680, § 1;
(b) in the case of arbitration by a sole arbitrator, if the parties cannot agree on the choice of the arbitrator, it is designated by the president of the Court of first instance acting on a request of the most diligent party, in accordance with article 1680, § 1;
(c) in the case of arbitration by more than three arbitrators, if the parties cannot agree on the composition of the arbitral tribunal, it is designated by the president of the Court of first instance acting on a request of the most diligent party, in accordance with article 1680, § 1.
§ 4. When, during a procedure for the designation agreed upon by the parties, a) a party is not acting in accordance with that procedure;
or b) parties, or two arbitrators cannot reach an agreement in accordance with that procedure;
or a third party, including an institution, fails to perform a function that has been conferred in the procedure, either party may request the president of the Court of first instance acting under article 1680, § 1, to the extent appropriate, unless the convention on the appointment procedure provides other means to ensure this designation.
§ 5. He shall appoint an arbitrator, the president of the tribunal shall take into account all qualifications required of the arbitrator under the agreement of the parties and all considerations to ensure the appointment of an independent and impartial arbitrator.

§ 6. The designation of an arbitrator cannot be retracted after having been notified.
§
7. The arbitrator who has accepted his mission may withdraw from the agreement of the parties or with the authorization of the president of the Court of first instance acting under article 1680, § 2. ».
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16. in the same chapter, it is inserted a 1686 article worded as follows: «art.» 1686 § 1. When a person is approached with a view to its eventual designation as arbitrator, it reports any circumstance likely to raise legitimate doubts about his independence or impartiality. ÷ from the date of his appointment and throughout the arbitral procedure, the adjudicator reports without delay to the parties all new circumstances of this nature.
§ 2.
An arbitrator may be challenged only if there are circumstances likely to raise legitimate doubts about his independence or impartiality, or he does not possess qualifications agreed to by the parties. A party may challenge the arbitrator designated by it or to the appointment which she participated as a cause which she had knowledge after this designation. ».
S. 17. in the same chapter, it is inserted an article 1687 as follows: «art.» 1687 § 1.
The parties may agree on the procedure for recusal of an arbitrator.
§ 2. Faute_d' such an agreement: a) the party who intends to challenge an arbitrator exposes in writing the reasons for objection to the concerned arbitrator, as appropriate to the other arbitrators if the tribunal has, and to the opposing party. ÷ penalty of inadmissibility, this communication takes place within a period of fifteen days from the date on which the recusant part aware of the constitution of the arbitral tribunal or the date on which it became aware of the circumstances referred to in article 1686 § 2.
(b) If, within ten days from the communication of the challenge which it is made, the arbitrator is not deported or that the other party does not accept the challenge, challenging it cites the referee and the other parties to be accepted within a period of ten days, before the president of the Court of first instance acting in accordance with article 1680 , § 2. Pending the decision of the president, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award. ».
S. 18. in the same chapter, it is inserted an article 1688 as follows: «art.» 1688 § 1. Unless otherwise agreed by the parties, when an arbitrator is unable to right or indeed fulfil its mission, or, for any other reason, is not fulfilling its mission within a reasonable time, his mandate terminates if he withdraws in the conditions laid down in article 1685, § 7, or if the parties agree to terminate it.
§ 2. If there is a disagreement about one any of these reasons, the more diligent party cites the other parties and the arbitrator referred to the § 1 before the president of the Court of first instance which decides under article 1680, § 2.
§ 3. The fact that pursuant to this section or section 1687, an arbitrator withdraws or that a party accepts the mission of an arbitrator terminated, does not imply recognition of the grounds mentioned in article 1687 or in this article. ».
S. 19. in the same chapter, it is inserted an article 1689 as follows: «art.» 1689 § 1.
In all cases where it is put an end to the mission of the arbitrator until the final award is rendered, a substitute arbitrator is appointed. This designation is made in accordance with the rules that were applicable to the appointment of the arbitrator replaced, unless the parties agree otherwise.

§ 2. If the arbitrator is not replaced in accordance with the § 1, each party may seize the president of the Court of first instance, acting in accordance with article 1680, § 1.
§ 3. Once appointed the substitute arbitrator, arbitrators, after hearing the parties, decide if there is place to resume all or part of the procedure unless they can return to the partial final awards that have been made. ».
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20. in the same part of the same Code, it is inserted a chapter IV entitled "chapter IV". Jurisdiction of the arbitral tribunal.
S. 21. in chapter IV inserted by article 20, it is inserted an article 1690 as follows: «art.» 1690 § 1. The arbitral tribunal may rule on its own jurisdiction, including any exception to the existence or validity of the arbitration agreement. To this end, an arbitration agreement forming part of a contract is considered to be a distinct from the other clauses of the contract agreement. The finding of nullity of the contract by the arbitral tribunal does not ipso jure the invalidity of the arbitration agreement.
§ 2. Objection to the jurisdiction of the arbitral tribunal shall be raised not later than in the initial findings reported by the party invoking it, within the time and in the manner laid down under article 1704.
For a party to have appointed an arbitrator or participated in its designation does the deprive no right to raise this exception.
The exception taken of what the question at issue would exceed the powers of the arbitral tribunal should be raised as soon as this question is formulated in the course of the procedure.
In both cases, the arbitral tribunal may receive exceptions raised belatedly, if it considers that the delay is justified.

§ 3. The arbitral tribunal may rule on the exceptions referred to in § 2 or treating them as questions to decide previously either in its award on the merits.
§ 4. The decision by which the arbitral tribunal declared competent can subject to annulment time that sentence at the bottom and by the same way.
The Court of first instance may also, at the request of one of the parties, pronounce on the well founded decision of incompetence of the arbitral tribunal. ».
S. 22. in the same chapter, it is inserted a 1691 article worded as follows: «art.» 1691. without prejudice to the powers of the courts and tribunals under article 1683, and unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order provisional or protective measures as it deems necessary.
The arbitral tribunal may however authorise an arrest. ».
S. 23. in the same chapter, it is inserted a 1692 article as follows:

«Art.» 1692 ÷ the request of one of the parties, the arbitral tribunal may modify, suspend or withdraw a provisional or protective measure. ».
S. 24. in the same chapter, it is inserted an article 1693 as follows: «art.» 1693. the arbitral tribunal may decide the party requesting an interim measure to provide appropriate security. ».
S. 25. in the same chapter, it is inserted an article 1694 as follows: «art.» 1694. the arbitral tribunal may decide that a party will communicate promptly any significant change in the circumstances on the basis of which the interim measure was requested or granted. ».
S. 26. in the same chapter, it is inserted an article 1695 as follows: «art.» 1695. the part that continues execution of a provisional or protective measure is responsible for all costs and all damages caused by the measure to another party, if the arbitral tribunal decides later that in this case the interim measure should not be imposed. The arbitral tribunal may grant compensation for these costs and damages at any time during the procedure. ».
S. 27. in the same chapter, it is inserted an article 1696 as follows: «art.» 1696 § 1.
An interim measure of protection issued by an arbitral tribunal is recognized as binding and, unless otherwise provided by the arbitral tribunal, is declared enforceable by the Court of first instance, irrespective of the country where it was issued, subject to the provisions of article 1697.
§ 2. The party who seeks or has obtained that an interim measure is recognized or declared enforceable shall inform without delay the sole arbitrator or the Chairman of the arbitral tribunal as well as any withdrawal, suspension or amendment of that measure.
§
3. The Court of first instance who is asked to recognize or enforce an interim measure may order the applicant to provide appropriate security if the arbitral tribunal is not already delivered on the guarantee or when such a decision is necessary to protect the rights of the defendant and the third party. ».
S. 28. in the same chapter, it is inserted an article 1697 as follows: «art.» 1697 § 1. Recognition or declaration of enforceability of an interim measure may be refused only: a) at the request of the party against whom the measure is invoked: i) if such refusal is warranted on the grounds set out in article 1721, § 1, a), i., ii., iii., iv. or v.; or (ii)) if the decision of the arbitral tribunal concerning the lodging of a security has not been complied with; or (iii)) if the interim measure has been retracted or suspended by the arbitral tribunal or, where it is empowered to do so, cancelled or suspended by the Court of the State in which takes place the arbitration or in accordance with the law that this measure was granted;
(or b) if the Court of first instance finds that one of the grounds referred to in article 1721, § 1, b) apply to the recognition and binding statement of the interim measure.
§ 2. Any decision taken by the Court of first instance for any of the reasons referred to the § 1 has no effect to the purpose of the application of recognition and binding statement of the interim measure.
The Court of first instance from which recognition or binding declaration is sought does not, examine when taking its decision, the merits of the interim measure or Conservatory. ».
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29. in the same chapter, it is inserted an article 1698 as follows: «art.» 1698. the interim relief judge has to issue an interim measure in relation to arbitration proceedings, it has or place on the Belgian territory, the same power as that which it has in relation to a judicial proceeding. It exercises this power in accordance with its own procedures taking into account the particularities of the arbitration. ».
S. 30. in the same part of the Code there shall be inserted a chapter V entitled "chapter V. conduct of arbitral proceedings".
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31. in chapter V inserted by article 30, it is inserted an article 1699 as follows: «art.» 1699. Notwithstanding any agreement to the contrary, the parties must be treated on an equal footing and each party should have any possibility to assert its rights, pleas and arguments in respect of the adversarial. The arbitral tribunal shall ensure compliance with this requirement as well as to respect for the loyalty of the debates. ».
S. 32. in the same chapter, it is inserted an article 1700 as follows: «art.» 1700 § 1. The parties may agree on the procedure to be followed by the arbitral tribunal.
§ 2. Lack of such a convention, the arbitral tribunal may, subject to the provisions of part VI of this Code, set the rules of the arbitration procedure as it deems appropriate.
§ 3. Unless otherwise agreed by the parties, the arbitral tribunal enjoys freely the admissibility of evidence and their probative value.
§ 4. The arbitral tribunal conducts necessary acts of instruction unless the parties allow it to commit one of its members.
He may hear any person. This hearing takes place without swearing.
If a party has evidence, the arbitral tribunal may require him to produce in the manner it determines and necessary, periodic penalty.
§ 5. ÷ the exception of claims for authentic instruments, the arbitral tribunal has the power to decide requests for verification of entries and decide on the alleged falsity of documents.
For inquiries related to authentic acts, the arbitral tribunal left parties to appeal within a specified timetable before the Court of first instance.
In the case referred to in paragraph 2, arbitration periods shall be suspended until the day where the arbitral tribunal had communication by the more diligent party of the decision cast in force of res judicata on the incident. ».
S. 33. in the same chapter, it is inserted an article 1701 as follows: «art.» 1701 § 1.
The parties may decide the place of arbitration. Lack of such a decision, this place is fixed by the arbitral tribunal, taking into account the circumstances of the case, including the conveniences of the parties.

If the place of arbitration was not determined by the parties or by the arbitrators, the place where the award is rendered is as place of arbitration.
§ 2. Notwithstanding the provisions of § 1 and at least that it was agreed otherwise by the parties, the arbitral tribunal may, after having consulted them, hold its hearings and meetings at any other location it considers appropriate. ».
S. 34. in the same chapter, it is inserted an article 1702 as follows: «art.» 1702. unless otherwise agreed by the parties, the arbitral proceedings begins on the date on which the request for arbitration is received by the defendant, in accordance with article 1678, § 1, a). ».
S. 35. in the same chapter, it is inserted an article 1703 as follows: «art.» 1703 § 1. The parties may agree the language or languages to be used in the arbitral proceedings. Absence of any such agreement, the arbitral tribunal decides the language or languages to be used in the procedure. This agreement or that decision, unless it is agreed or decided otherwise, applies to any communication parties, any hearing and any award, decision or other communication by the arbitral tribunal.

§ 2. The arbitral tribunal may order that any part is accompanied by a translation in the language agreed by the parties or chosen by the arbitral tribunal. ».
S. 36. in the same chapter, it is inserted an article 1704 as follows: «art.» 1704 § 1. Within the time and in the manner agreed by the parties or determined by the arbitral tribunal, the parties develop all of their pleas and arguments in support of their application or their defence as well as the facts in support of it.
The parties may agree or the arbitral tribunal may decide the exchange of complementary conclusions, as well as its terms between the parties.
The parties joined their conclusions all parts they wish to contribute to the debates.
§ 2. Unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the arbitral proceedings, unless the arbitral tribunal considers do not need to allow such an amendment, because of the delay with which it is formulated. ».
S. 37. in the same chapter, it is inserted a 1705 article worded as follows: «art.» 1705 § 1. ÷ less that the parties have agreed that there would be no oral proceedings, the arbitral tribunal organizes such a procedure at an appropriate stage of the arbitral proceedings, if a party actually requested.
§ 2. The president of the arbitral tribunal rule hearings agenda and direct the debates. ».
S. 38. in the same chapter, it is inserted an article 1706 as follows: «art.» 1706. unless otherwise agreed by the parties, if, without invoking legitimate impediment, has) the applicant does not develop its application under article 1704, § 1, the arbitral tribunal shall terminate the arbitral proceedings, without prejudice to the processing of another party;
(b) the defendant does not develop his defence under article 1704, § 1, the arbitral tribunal

continue the arbitral proceedings without being able to consider this deficiency in itself as an acceptance of the applicant's allegations;
(c) one of the parties does not participate in the oral proceedings or produced no documents, the arbitral tribunal may continue the proceedings and shall act on the basis of the evidence available to it. ».
S. 39. in the same chapter, it is inserted an article 1707 as follows: «art.» 1707 § 1. The arbitral tribunal may, unless otherwise agreed by the parties, a) appoint one or more experts to report to it on specific issues that it determines;
b) require a party to provide all appropriate information to the expert or to submit or make available for inspection, all parts, all goods or other relevant property.
§ 2. If a party so requests or if the arbitral tribunal considers it necessary, the expert participates in a hearing at which the parties may question him.
§ 3. Paragraph 2 applies to the technical councils designated by the parties.
§ 4. An expert may be disqualified for the reasons set out in article 1686 and according to the procedure laid down in article 1687. ».
S. 40. in the same chapter, it is inserted an article 1708 as follows: «art.» 1708. a party may with the consent of the arbitral tribunal, ask the president of the Court of first instance ruling as in chambers to order all the measures necessary for the taking of evidence in accordance with article 1680, § 4. ».
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41. in the same chapter, it is inserted an article 1709 as follows: «art.» 1709 § 1. Any interested party may request the arbitral tribunal to intervene in the proceedings.
This request is made in writing to the arbitral tribunal, who shall forward it to the parties.
§
2. A party may call a third party intervention.
§ 3. In any event, to be admitted, the intervention requires an arbitration agreement between the third party and the parties in dispute.
It is, moreover, subject to the consent of the arbitral tribunal, which shall act unanimously. ».
S.
42. in the same part of the same Code, it is inserted a chapter VI, entitled ' chapter VI '. Arbitration and proceedings ".
S. 43. in chapter VI inserted by section 42, it is inserted an article 1710 as follows: «art.» 1710 § 1. The arbitral tribunal shall decide the dispute in accordance with the rules of law chosen by the parties as applicable to the bottom of the dispute.
Any designation of the law of a given State shall be construed, unless otherwise expressed, as directly referring to the background of that State and not to its rules of conflict of laws.
§ 2. Failing such designation by the parties, the arbitral tribunal applies the rules of law that it deems the most appropriate.
§ 3.
The arbitral tribunal shall decide as amiable compositeur only if the parties there have expressly authorized it.
§ 4. It shall act according to rules of law or as amiable compositeur, the arbitral tribunal shall decide in accordance with the stipulations of the contract if the dispute between the parties is contractual and will take into account the usage of the trade if the dispute between traders.
».
S. 44. in the same chapter, it is inserted an article 1711 as follows: «art.» 1711 § 1. In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall, unless otherwise agreed by the parties, taken after deliberation by the majority of its members.
§ 2. Procedural matters can be decided by the president of the arbitral tribunal, if it is authorized by the parties.
§
3. The parties may also agree that, where a majority cannot be formed, the voice of the president of the arbitral tribunal is paramount.
§ 4. In the event that an arbitrator refuses to participate in the deliberations or vote on the award, the other arbitrators may decide without him, unless otherwise agreed parties. Intend to make the award without the referee who refused to participate in the deliberations or voting must be communicated to the parties in advance. ».
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45. in the same chapter, it is inserted an article 1712 as follows: «art.» 1712 § 1. If, during arbitral proceedings, the parties agree to settle the dispute, the arbitral tribunal shall terminate the arbitral proceedings and, if the parties so request, by an award notes the agreement of the parties, except if it is contrary to public order.
§
2. The sentence of agreement-parts is made in accordance with article 1713 and mentions the fact that it is an award. Such a sentence has the same status and effect as any other sentence pronounced on the merits of the case.
§ 3. The decision whereby the sentence is declared enforceable is without effect insofar as the agreement of the parties was cancelled. ».
S. 46. in the same chapter, it is inserted a 1713 article worded as follows: «art.» 1713 § 1.
The arbitral tribunal shall decide definitively or interlocutory by one or more sentences.

§ 2. The parties may fix the period in which the award shall be rendered or provide for the terms under which this time will be fixed and where appropriate, extended.
Failing to have done so, if the arbitral tribunal was slow in making its award and that a period of six months has elapsed from the appointment of the last arbitrator, the president of the Court of first instance may set a time limit to the arbitral tribunal in accordance with article 1680, § 3.
The mission of the arbitrators ends right when the arbitral tribunal did not sentence at the expiration of the time limit.
§ 3. The arbitral award is made in writing and signed by the arbitrator. In an arbitration procedure comprising several arbitrators, the signatures of the majority of the members of the arbitral tribunal are sufficient, provided that is mentioned the reason for the failure of others.
§
4. The arbitral award shall be substantiated.
§ 5. The sentence includes, in addition to the device, the following: a) the names and domiciles of the arbitrators;
(b) the names and domiciles of the parties;
(c) the subject of the dispute;
(d) the date on which the award is made;
(e) the place of arbitration determined in accordance with article 1701, § 1 and the place where the award is rendered.
§ 6. The arbitral award liquid arbitration expenses and decides to which of the parties the payment is or to what extent they are shared between them. Unless otherwise agreed by the parties, these costs include the fresh honoraireset of the arbitrators and the fees and expenses of councils and representatives of the parties, the costs of the services rendered by the institution responsible for the administration of the arbitration and all other expenses arising from the arbitral proceedings.
§ 7. The arbitral tribunal may order a party to the payment of a penalty. Articles 1385bis to g shall apply mutatis mutandis.

§ 8. After the arbitral award is made, a copy is communicated pursuant to section 1678, § 1, to each of the parties by the sole arbitrator or the Chairman of the arbitral tribunal, which shall ensure that each party receives in addition an original of the award if the mode of communication withheld pursuant to section 1678, § 1 not won furnishing of such original. It shall place the original in the registry of the Court of first instance.
It shall inform the parties of that deposit.
§ 9. The award, in the relations between the parties, has the same effect as a decision of a court. ».
S. 47. in the same chapter, it is inserted an article 1714 as follows: «art.» 1714 § 1.
The arbitral proceedings shall be terminated by the signing of the arbitral award that exhausts the jurisdiction of the arbitral tribunal or by a decision of closing rendered by the arbitral tribunal in accordance with § 2.
§ 2. The tribunal ordered the closing of the arbitration when: has) the applicant withdraws its application, unless the defendant there is objection and the arbitral tribunal recognizes that it has a legitimate interest that the dispute is finally settled.
(b) the parties agree to terminate the proceedings.
§ 3. The mission of the arbitral tribunal terminates with the closing of the arbitral proceedings, the communication of the award and its filing, subject to articles 1715 and 1717, § 6. ».
S. 48. in the same chapter, it is inserted an article 1715 as follows: «art.» 1715 § 1. Within one month of receipt of the award in accordance with section 1678, § 1, unless the parties have agreed to another delay,) for communication to another, one of the parties may request the arbitral tribunal to correct in the text of the sentence errors in computation, any clerical or typographical errors or any errors of similar nature;
(b) if agreed by the parties, a party may, subject to communication to another, request the arbitral tribunal to give an interpretation of a point or specific portion of the award.
If the arbitral tribunal considers that the application is made, it made or give the interpretation within one month following receipt of the request. The interpretation is an integral part of the award.

§ 2. The arbitral tribunal may, on its own initiative, correct any error of the type referred to the § 1, a), in the month following the date of the award.
§ 3. Unless otherwise agreed by the parties, a party may, subject to communication to another, ask the arbitral tribunal, in the month following receipt of the award pursuant to section 1678, § 1, to make an additional award on request leaders exposed during the arbitral proceedings

but omitted from the award. If it considers the request is founded, the tribunal complete its award within two months, even if the time limits provided for in article 1713 § 2 has expired.
§
4. The arbitral tribunal may extend, if necessary, the period within which it has to correct, interpret or supplement the award by virtue of § 1 or § 3.
§
5. Article 1713 applies to rectification or interpretation of the award or the additional award.

§ 6. When the same arbitrators can no longer be met, the request for interpretation, correction or supplement the arbitral award must be brought before the Court of first instance.
§ 7. When the Court of first instance returns an arbitral award under article 1717, § 6, 1713 article and this section shall apply mutatis mutandis to the award rendered pursuant to the order for reference. ».
S. 49. in the same part of the same Code, it is inserted a chapter VII entitled ' chapter VII '. Recourse against an arbitral award.
S. 50. in Chapter VII inserted by article 49, it is inserted an article 1716 as follows: «art.» 1716. it cannot be appealed against an arbitral award unless the parties have provided for this possibility in the arbitration agreement. Unless otherwise stipulated, the time limit for an appeal is one month from the communication of the sentence, in accordance with article 1678, § 1. ».
S. 51. in the same chapter, it is inserted an article 1717 as follows: «art.» 1717 § 1. The application for annulment is admissible only if the sentence can no longer be contested before the referees.
§
2. The arbitral award may be challenged only before the Court of first instance, by way of citation, and it cannot be cancelled only in the cases listed in this article.
§
3. The arbitral award may be set aside only if: a) the party making the request proves: i) that a party to the arbitration agreement referred to in article 1681 was under some incapacity; or that the convention is not valid under the law to which parties have subjected it or, failing an indication in this regard, under Belgian law; or (ii)) that she was not fully informed of the appointment of an arbitrator or of the arbitral proceedings, or that it was impossible for another reason to assert his rights; in this case, there may however be cancellation if it is established that the irregularity had no impact on the arbitral award;
or iii) the award deals with a dispute not referred or not falling within the provisions of the arbitration agreement, or it contains decisions that exceed the terms of the arbitration agreement, provided however that, if the sentencing provisions which relate to matters submitted to arbitration can be dissociated from those which relate to issues not subject to arbitration only the portion of the award that contains decisions on matters not submitted to arbitration may be set aside; or iv) that the sentence is not motivated; or v) that the constitution of the arbitral tribunal or the arbitral procedure was not consistent with the agreement of the parties, provided that this convention is not contrary to a provision of the sixth part of this Code from which the parties cannot derogate, or, failing a such convention, that it was not consistent with the sixth part of this Code; with the exception of the irregularity relating to the constitution of the arbitral tribunal, these irregularities however, cannot lead to annulment of the arbitration award if it is established that they did not have an impact on sentencing; or vi) that the tribunal exceeded its powers; (or b) the Court of first instance notes: i) that the subject of the dispute is not likely to be settled by arbitration. or (ii)) that the award is contrary to public order; or iii) that the award was obtained by fraud.
§ 4. Except in the case referred to in article 1690 § 4, paragraph 1, a cancellation request cannot be submitted after the expiry of a period of three months from the date on which the party submitting this application received communication of the sentence in accordance with article 1678, § 1, has), or, if a request has been made under article 1715 (, from the date on which the part introducing the cancellation request received communication from the decision of the arbitral tribunal on the request submitted under article 1715, in accordance with article 1678, § 1, a).
§ 5. Are not accepted as causes of annulment of the arbitration award as provided in § 2, a), i., ii., iii. and v, when the party prevailing in became known during the arbitral proceedings and has not relied upon.
§ 6. When it is asked to set aside an arbitral award the Court of first instance may, where appropriate and at the request of a party, suspend the procedure for cancellation for a period which he fixed the duration in order to give the tribunal the opportunity to resume the arbitral proceedings or to take any other measures that the latter deems likely to eliminate the grounds for setting aside. ».
S. 52. in the same chapter, it is inserted an article 1718 as follows: «art.» 1718. the parties may, by an express statement in the convention arbitration or by a subsequent agreement, exclude any action for annulment of an arbitration award when any of them is either a natural person who has Belgian nationality or domicile or habitual residence in Belgium or a moral person in Belgium, its registered office, principal place of business or a branch. ».
S. 53. in the same part of the same Code, it is inserted a chapter VIII entitled ' chapter VIII '. Recognition and enforcement of arbitral awards.
S. 54. in Chapter VIII inserted by article 53, it is inserted an article 1719 as follows: «art.» 1719 § 1. The arbitral award, in Belgium or abroad, may be subject to execution after having been coated enforceable form, wholly or partially, by the Court of first instance in accordance with the procedure referred to in article 1720.
§ 2. The Court of first instance can take the enforceable formula sentence unless the sentence can no longer be contested before the referees or the arbitrators have ordered provisional execution notwithstanding appeal. ».
S.
55. in the same chapter, it is inserted an article 1720 as follows: «art.» 1720 § 1. The Court of first instance is competent to hear an application regarding the recognition and enforcement of an arbitral award made in Belgium or abroad.

§ 2. The territorially competent court is the Court of first instance of the seat of the Court of appeal in whose jurisdiction the person against whom the binding declaration is sought is domiciled and absence of domicile, habitual residence, if applicable, its head office, or alternatively, his institution or its branch. If this person has no domicile or habitual residence or seat nor social or branch in Belgium, the request is made before the Court of first instance of the seat of the Court of appeal for the district in which the sentence should be executed.
§ 3. The application is submitted and educated on unilateral application.
The applicant must make election of domicile within the jurisdiction of the tribunal.
§ 4. The applicant must provide the original of the arbitral award or a certified copy as well as the original of the arbitration agreement or a certified copy.
§ 5. The sentence cannot be recognized or declared enforceable only if it does not contravene the conditions of article 1721.
».
S. 56. in the same chapter, it is inserted an article 1721 as follows: «art.» 1721 § 1. The Court of first instance refuses the recognition and binding statement of an arbitral award, irrespective of the country where it was made, in the following circumstances: has) at the request of the party against whom it is invoked, if this so-called party provides proof: i) a party to the arbitration agreement referred to in article 1681 was under some incapacity; or that said agreement is not valid under the law to which parties have subject to it or, failing election under the law of the country where the award was made; or (ii)) that the party against whom the award is invoked was not fully informed of the appointment of an arbitrator or of the arbitral proceedings, or that it was impossible for another reason to assert his rights; in these cases, there may however be refusal of recognition or binding declaration of the arbitral award if it is established that the irregularity had an impact on the arbitral award; or iii) the award deals with a dispute not referred or not falling within the terms of the arbitration agreement, or it contains decisions that exceed the terms of the arbitration agreement, provided however that, if the sentencing provisions which relate to matters submitted to arbitration can be dissociated from those which relate to issues not subject to arbitration only the portion of the award that contains decisions on matters submitted to arbitration may be recognized and enforced; or iv) that the sentence is not motivated while such motivation is prescribed

by the rules of law applicable to the arbitral proceedings in which the award was made; or v) that the constitution of the arbitral tribunal or the arbitral procedure was not in accordance with the convention of the parties or, failing such agreement, the law of the country where the arbitration took place; with the exception of the irregularity relating to the constitution of the arbitral tribunal, these irregularities can however lead to refusal of recognition or binding declaration of the arbitral award if it is established that they did not have an impact on sentencing; or vi) that the sentence is not yet become binding on the parties, or has been cancelled or suspended by a Court of the country in which, or under the law of which it was issued;
(vii) that the tribunal exceeded its powers;
(or b) if the Court of first instance finds: i) that the subject of the dispute is not likely to be settled by arbitration. or ii) the recognition or enforcement of the award would be contrary to public order.

§ 2. The Court of first instance stays right to the request as long as it is not produced in support of the request an arbitral award written and signed by the arbitrators in accordance with article 1713, § 3.
§ 3. When place in application of a treaty between the Belgium and the country where the award was made, the Treaty takes precedence. ».
S. 57. in the same part of the same Code, it is inserted a chapter IX entitled ' chapter IX '. Prescription.
S.
58. in chapter IX inserted by article 57, it is inserted an article 1722 as follows: «art.» 1722. the conviction by an arbitral award prescribed ten years have elapsed from the date where the arbitral award was communicated. » .
CHAPTER 3. -Disposition transitional art. 59. this Act applies to arbitrations which begin in accordance with article 34 after the date of entry into force of this Act.
The sixth part of the Judicial Code, as it was written before the entry into force of this Act, rest of application to arbitrations which began before the date of entry into force of this Act.
This Act applies to actions that are brought before the judge, provided that they relate to an arbitration referred to in paragraph 1.
The sixth part of the Judicial Code, as it was drafted before the entry into force of this Act, continue to apply to actions pending or brought before the judge relating to arbitration referred to in paragraph 2.
CHAPTER 4. -Entry into force art.
60. this Act comes into force the first day of the third month following that of its publication in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, on 24 June 2013.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) see: records of the House of representatives: 53-2743-2012/2013: No. 1: Bill.
No. 2: amendment.
No. 3: report.
No. 4: Text corrected by the commission.
No. 5: Text adopted in plenary meeting and transmitted to the Senate.
Full report: May 16, 2013.
The Senate documents: 5-2089-2012/2013 No. 1: project not referred by the Senate.