Arbitration
Arbitration
Arbitration
Arbitration
Arbitration
Arbitration
Arbitration is a form of alternative dispute resolution. As a rule, it is up to the courts to assess a commercial dispute. However, parties may also choose to submit their dispute to an arbitration tribunal. This is a panel of specialised referees. It is also possible to include an arbitration clause in the general terms and conditions, as a result of which the contracting parties are obliged to initiate arbitration proceedings in the event of a future dispute, and are therefore no longer able to submit this to the regular court.
The choice can be made between an institutionalised arbitration institution (of which CEPANI is the best known example in Belgium) or the parties can opt to set up an ad hoc arbitration committee.
Choosing an arbitration procedure has many advantages, with the confidentiality of the procedure and the expertise of the arbitrators being by far the most important. In contrast to ordinary legal proceedings before the Belgian Courts, an arbitration procedure is not public. Disputes of a confidential nature shall thus be dealt with behind closed doors without the result subsequently being made public. Furthermore, the arbitrators with extensive expertise in certain specialised legal disputes, such as transport and logistics (insurance) law.
Leeward has extensive experience in conducting arbitration proceedings, both before institutionalised and ad hoc committees.