Contributed By Linklaters
Due to the fact that IP matters in Belgium are conducted before specialised courts (see 2.3 Courts with Jurisdiction), there seems to be less of a need to look into ADR, including mediation and arbitration. Arbitration may still be relied upon if a certain matter requires expertise in a specific field of law, science or technique, or if confidentiality is of particular importance to the parties involved.
The Judicial Code offers parties the possibility to enter into an arbitration agreement, either before or after the dispute has arisen. Arbitration agreements must be made in writing. In general, the only recourse against an arbitral award with the courts is an action for annulment, which must be brought before the court of first instance.