Belgium, Cour de cassation, 4 May 2018, Inter real estate trusty vs. Savills fund management, Balni and Befimmo, no. C.16.0145.F

An arbitral award was issued in a dispute between Inter real estate trusty and Savills fund management, Balni and Befimmo. An appeal was lodged against the arbitral award in order to obtain its annulment. The Brussels Court of appeal dismissed the request by a decision rendered on 21 April 2015. Inter real estate trusty challenged this decision before the Cour de cassation.

Inter real estate trusty stated that the arbitral award is contrary to public order because it disregards the rule about the “relativity of conventions”, provided by Article 1165 of the Civil code. This non-observance warranted the annulment of the award, according to Article 1704, 2, a) of the Judicial code for a breach of public order.

The Cour de cassation holds that the rule of “relativity of conventions” is not a rule of public order, and upholds the decision of the Brussels Court of appeal.

2018-07-02T14:58:09+00:00 May 4th, 2018|Cour de cassation|0 Comments

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