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International Litigation – Belgium

posted 4 weeks ago

Author

Michael De Boeck

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+32 2 *****

ACQUIS is a European law firm based in Brussels that provides integrated legal and government affairs services across many industry sectors and practice areas. The firm specialises in EU economic and commercial law, EU trade policy and trade defence measures, as well as the impact of EU sanctions on individuals and businesses.

Our dispute resolution practice advises and represents clients before national, EU and international courts or tribunals, as well as commercial and investment arbitration tribunals. We advise and represent clients before the Court of Justice of the European Union on EU trade and sanctions cases. In addition, we have hands-on experience with international investment arbitration on behalf of investors under bilateral or multilateral investment protection treaties before the Court of Justice of the European Union in EU trade-related matters, such as anti-dumping cases and for sanctions matters.

A key element of our firm’s philosophy is that we favour quality over quantity, and strive to provide the best quality in the most complex cases. Our team of experienced partners boasts extensive practical experience and academic careers in the fields of EU law, trade, sanctions and international arbitration in renowned global law firms and universities.

Sanctions and trade-related measures affect multiple sectors transversally. Therefore, we work with clients from many diverse industries, including capital markets, banking, consultancy services, construction, energy, mining, steel and other heavy industries, high-tech industry and dual-use goods producers. We have a particular affinity with banking and capital markets, M&A and joint venture projects, as well as maritime construction and shipping clients.

Our workflow varies to match the needs, nature and complexity of each case.

ACQUIS is particularly active in banking & finance, private equity, heavy industries (mining, steel and energy, oil & gas projects), M&A (EU-Russia divestments), commercial distribution and franchising, shipping, as well as commercial cross-border transactions.

All of these sectors concern notably international and densely regulated markets, wherein the impact of EU trade measures and sanctions have presented significant increased burdens and risks on the supply chains and existing business relations.

The choice of forum and method of dispute resolution is in practice determined by a wide range of factual factors that should be considered in each case individually. However, as experts in dispute resolution, we try to identify the most appropriate strategic dispute resolution options for the client through our deep understanding of the possible litigation and ADR options, combined with the client’s needs and market objectives.

Besides the availability of (generally) well-functioning and independent national courts, Belgium has a highly progressive legal framework for alternative dispute resolution, particularly regarding mediation and arbitration. The backlog in the Belgian courts, and especially at the Brussels Court of Appeals, is rightly infamous and is a good reason to consider arbitration.

The main arbitration institution in Belgium is CEPANI, although many sectoral associations organise sectoral arbitration chambers offering varying degrees of administrative support to resolve disputes between parties. However, being centrally located in a closely connected economic market, and with deep expertise in-house, ACQUIS’s lawyers can act in international commercial arbitration procedures under the rules of most international arbitration institutions – such as the ICC, AAA, DIS, SCC, LCIA, HKIAC, VIAC, SHIAC, SIAC, CIETAC, among others.

We also have experience in investment arbitration with PCA-administered UNCITRAL and ICSID arbitrations.

Cross-border litigation presents a unique set of challenges caused by diverging legal frameworks, including oftentimes similar but not identical legal concepts, differing procedural standards and cultural nuances. Our dispute resolution practice comprises internationally experienced practitioners who understand how to navigate the known and unknown quantities in multi-jurisdictional litigations, and have a global network of partner law firms to ensure seamless handling of any dispute.

One of the benefits of arbitration is the comparatively streamlined procedure and straightforward recognition and enforcement of arbitral awards under the 1965 ICSID and the 1958 New York Conventions in 170+ jurisdictions across the world.

Belgium has adopted many procedural and substantive changes to its legal framework in the past decade in an effort to modernise its existing civil and commercial codes, including a comprehensive reform of the Belgian Procedural Code and of the Belgian Civil Code.

It is crucial to select expert litigation lawyers who are aware and familiar with all aspects of these important procedural and substantive changes in civil and commercial litigation and practice.

In addition, ADR – including mediation with an accredited mediator or arbitration under the rules of one of the key arbitration institutions – is becoming increasingly specialised, referring to its own precedents and case law. Selecting an experienced arbitration counsel who is familiar with the arbitration practice can make all the difference.

ACQUIS is a pioneer in EU trade and sanctions, compliance and dispute resolution. Our partners are ranked in Chambers, and authored the Chambers’ sanctions practice guide. They command a deep understanding of EU commercial and economic law – and of the law and practice of international commercial and investment arbitration.

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