Litigation Lawyers in Belgium

The Belgian court system is based on the civil legislation. The Belgian civil proceedings in litigation cases are conducted by codified rules, national and international rules according to European Directives and treaties Belgium has concluded with other countries. Our litigation lawyers in Belgium can assist you in case you are involved in a legal dispute.

The court system in Belgium

The judicial system in Belgium is comprised of first instance courts, appellate courts, specialized courts (labour courts and enterprise courts, which replaced the commercial courts in 2018), Supreme Courts, and the Constitutional Court:

• –          the Constitutional Court acts as an independent body and has jurisdiction over legislation matters;
• –       the Supreme Court of Cassation is composed of the first chamber that has jurisdiction over civil economic, commercial and administrative matters, the second chamber that rules in criminal cases and the third chamber that rules in social cases;
• –          the Supreme Court of Administration or the Council of State is the supreme administrative court, which can annul unlawful administrative acts, and its legislation section advises on draft laws;
• –          the Court of Audit rules in financial matters;
• –          the Correctional Court, the Civil Court and the Juvenile Court are sections of the Court of First Instance (together with the Family Court), deciding criminal offences, civil cases and juvenile matters respectively;
• –          the Courts of Assize that try (with a jury) the most serious crimes, political offences and press offences;
• –          the Police Court rules in traffic and minor matters;
• –          the Labor courts have jurisdiction over employment related cases.

Proceedings in litigation cases in Belgium

Litigation proceedings in Belgium usually start by writ of summons or by request. The next step will be the hearings and other procedures that are determined based on the hearings. In some cases introductive pleadings are allowed. The following step in a litigation matter will be to file the submissions. Usually, parties agree on the date the written submissions will be filed. Normally, the final step would be hearing all evidence and the ruling. Regular litigation proceedings in Belgium take about one year and a half, while appeal in litigation cases take between two and three years. Our litigation lawyers in Belgium can give you more details on this matter.

Alternative dispute resolution in Belgium

Other than court actions employed to resolve litigation matters in Belgium there are also alternative dispute resolution methods. The most common dispute resolution methods are arbitration and mediation. Arbitration is often used as a means of resolving litigation cases because it is less time and money consuming. The most employed arbitration rules are the rules of the Belgian Center for Arbitration and Mediation (CEPINA/CEPANI) and the ICC (International Chamber of Commerce) Rules. The main advantage of arbitration is that parties decide on the rules to follow. In 2013 Belgium adopted a new law on arbitration derived from the UNCITRAL Model Law.

If you need details about the legal system or need assistance in litigation matters you can contact our litigation lawyers in Belgium.