Belgium Adopts New Law on Arbitration

by Erica Stein (Counsel, Hanotiau & van den Berg, Brussels)
and Maarten Draye (Senior Associate, Hanotiau & van den Berg, Brussels)

On 1 September 2013, a new arbitration law came into effect in Belgium.  The new law is modern and progressive, and underlines Belgium’s ambitions to increase its popularity as a venue for international arbitrations.

The new law generally adopts the wording and contents of the UNCITRAL Model Law on International Commercial Arbitration as amended in 2006. The legislator further drew inspiration from the French, German and Swiss arbitration laws and retained a number of specificities of the former Belgian law. In this regard, it is worth noting that the provision of the old law that entitles parties without domicile, registered office or branch in Belgium to exclude the possibility of annulment of an award by express agreement for arbitrations seated in Belgium is retained. Also, the legislator opted again to incorporate the law on arbitration in Title VI of the Code of Civil Procedure, and to maintain the uniform approach to domestic and international arbitration.


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Young ICCA, Skills Training Workshop, Discovery in International Arbitration – 7 October 2013 – Boston, USA

Dear Young ICCA Members,

On behalf of Young ICCA we are pleased to invite you to attend a Young ICCA arbitration skills training workshop taking place on 7 October 2013 in Boston, USA. The workshop will follow the Annual Conference of the International Bar Association held in Boston from 6 – 11 October 2013.

There are 20 spots available for Young ICCA members to attend the event. The workshop will also be attended by approximately 15 young arbitration practitioners based in Boston.

The topic of the Boston workshop is “Discovery in International Arbitration”. The seminar will focus on the role of a young practitioner in the discovery process, including the review, preparation and request of documentary evidence. The faculty of the seminar includes Edward Baldwin – Senior Associate, Milbank; Ania Farren – Special Counsel, K&L Gates; Sabine Konrad – Partner, McDermott Will & Emery;  Klaus Reichert – Brick Court Chambers; Ashley Riveiera – Counsel, Crowell & Moring; Guido Tawil – Professor of Law, University of Buenos Aires; and Freddy Sourgens – Professor of Law, Washburn University.

The seminar is hosted by Young ICCA with kind support of McDermott Will & Emery and other prominent sponsors.

Young ICCA has arranged for accommodation in Boston for the nights of 6th and 7th October 2013 in a centrally located hotel provided free of charge. Young ICCA has also arranged for breakfast to be served at the workshop itself. Each participant is required to arrange their own transportation to and from Boston and within the city itself, including incidental expenses. Participants are also responsible for meeting any immigration particulars and visa requirements necessary to attend the event.

Participants will be selected in the following few weeks from those who respond first.

Please direct your applications and any other questions to Andreea Balan-Cohen at and quote “YICCA Boston”.

Thank you,

The Young ICCA Organising Committee

Second Annual Young ICCA University of Miami Scholarship Recipient Announced

19 July 2013 — Young ICCA and the University of Miami are pleased to announce that Eric Van Eyken of Appleton & Associates, Toronto, Canada is the recipient of the second annual Young ICCA University of Miami Scholarship.  Eric will follow in the footsteps of previous recipient Wamiq Chowdhury and begin an LLM Degree in International Arbitration during the 2013/2014 academic year.

Eric said: “I am very grateful to the ICCA in granting me this opportunity to expand my understanding of international arbitration practice and international law through studying at the University of Miami. The ICCA scholarship will allow me to build upon my existing practice in international arbitration through learning from some of the world’s leading professors and practitioners. I am honoured to be selected from among the many accomplished members of the Young ICCA.”

Young ICCA Co-Chair, Timothy Foden, added “we are very excited for Eric.  Although there were several well-qualified applicants, his application really stood out.  Young ICCA is grateful to Prof. Keith Rosenn who reviewed the applications because of a conflict that prevented Prof. Paulsson from doing so.  On behalf of my other Young ICCA Co-Chairs, Jim and Maria, we wish Eric the best next year”.

Young ICCA Workshop in Portorož, Slovenia, 17 September 2013

Dear Young ICCA Members,

On behalf of Young ICCA, we are pleased to invite you to attend a Young ICCA skills training workshop which will be held in the morning of 17 September 2013 in Portorož, Slovenia.

There are 20 spots available for Young ICCA members to attend the event, selected from those who register first. In addition to Young ICCA participants, the workshop will be attended by 15 young arbitration practitioners from Slovenia and the Balkan area.

The topic of the Slovenian workshop is “Factual & Expert Witnesses”.

sponsorsThe workshop is hosted by Young ICCA and kindly supported by Law Firm Ulčar & Partners LLC, Law Firm Rojs, Peljhan, Prelesnik & partners o.p., d.o.o. and the Permanent Court of Arbitration attached to the Chamber of Commerce and Industry of Slovenia. It will take place at Kempinski Palace Portoroz and be followed by a lunch.

The faculty of the workshop includes Stephen P. Anway, Squire Sanders, New York, Christina Cathey Schuetz, Clifford Chance LLP, London, Remy Gerbay, Queen Mary, University of London, Santiago Dellepiane, Senior Vice President, Compass Lexecon, New York and Sirshar Qureshi, Partner, PricewaterhouseCoopers, Prague.

Thanks to our sponsors, we can provide Young ICCA members participating to the Slovenian workshop with accommodation for two nights, from 16 to 18 September 2013, at Grand Hotel Bernardin in Portorož. This accommodation will require the sharing of rooms.

All participants will be expected to fund their own costs of transportation to and from Portorož, as well as incidental expenses. Additionally, all attendees will be responsible for obtaining and paying for any visa necessary to attend the workshop.

The 20 places available for Young ICCA members cover participation to the morning session of 17 September, plus 2 nights’ accommodation. Members will be selected from those who respond to Perrine Duteil first at the following address:

Further information, notably the detailed program of the workshop and activities for the evening of 16 September and afternoon of 17 September, will follow shortly.

Please direct any questions you may have to Perrine Duteil.

With best wishes,

Young ICCA

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Making a profit on the back of Australian plain cigarette packaging law

Local business have found innovative ways to profit from the Australian plain cigarette packaging law at the hear of the investment treaty arbitrations being launched by certain tobacco companies.  The law requires manufacturers to incorporate large graphic images on three quarters of the front of Australian cigarette packs.  Examples have included photographs of gangrenous feet or a skeletal man dying of cancer. Local entrepreneurs have launched hugely successful cigarette packs boxes that intend to hide the displeasing images and offer an additional stylish accessory available in various colours and designs.  The new phenomenon raises questions as to the effectiveness of the law and adds an interesting dimension to the legal proceedings brought to date.