Enforcing an DIAC Award (Dubai) in Belgium

Enforcing a DIAC award in Belgium is achievable through a well-established legal pathway. Belgium is a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which means a final award issued by the Dubai International Arbitration Centre carries strong presumptive enforceability before Belgian courts. The process involves filing a recognition petition with the competent Belgian court, satisfying documentary requirements, and navigating a limited set of defences available to the award debtor. This guide covers the full enforcement matrix: the legal framework, procedural steps, documentary requirements, realistic timelines, costs, common defences, and practical scenarios for creditors seeking to enforce a DIAC award in Belgium.

Belgium ratified the New York Convention without reservations, meaning the Convention applies to all foreign arbitral awards regardless of the nationality of the parties or the seat of arbitration. A DIAC award, seated in Dubai under UAE law, qualifies as a foreign arbitral award for Belgian purposes. The Belgian Judicial Code, specifically its provisions on international arbitration contained in Part VI, governs the domestic recognition and enforcement procedure. Belgian courts apply a pro-enforcement approach consistent with the Convention's text, and the grounds for refusal are interpreted narrowly.

The UAE is also a signatory to the New York Convention, which it ratified with a reciprocity reservation. Belgium made no such reservation, so Belgian courts will recognise DIAC awards without requiring that Belgium and the UAE have a bilateral enforcement treaty. The legal basis is therefore the New York Convention alone, supplemented by Belgian procedural law. This dual-treaty framework is the starting point for any enforcement strategy.

A non-obvious requirement is that the award must be "final and binding" in the sense of the New York Convention. DIAC awards become binding once the time for any internal challenge under the DIAC Arbitration Rules has expired or once any challenge has been resolved. Practitioners should confirm the award's status before filing in Belgium, as a Belgian court will scrutinise this point at the outset.

The competent court for recognition and enforcement of a foreign arbitral award in Belgium is the Court of First Instance (Tribunal de première instance / Rechtbank van eerste aanleg). The territorial jurisdiction is determined by the domicile or registered seat of the award debtor, or, if the debtor has no domicile in Belgium, by the location of the assets to be seized. Identifying the correct court at the outset avoids procedural delays that can add weeks to the timeline.

The enforcement procedure in Belgium is initiated by way of an ex parte petition (requête unilatérale). The creditor files a written application with supporting documents, and the court reviews the file without initially notifying the debtor. This ex parte phase is designed to prevent the debtor from dissipating assets before enforcement measures are authorised. Once the court grants the exequatur - the formal order recognising and declaring the award enforceable - the creditor can instruct a Belgian bailiff (huissier de justice / gerechtsdeurwaarder) to execute against the debtor's assets.

In practice, the Brussels Court of First Instance handles the majority of international arbitration enforcement matters, given that many multinational debtors maintain their Belgian operations or registered offices in the Brussels-Capital Region. However, creditors with assets located in Antwerp, Ghent, or Liège should file in the corresponding territorial court to avoid jurisdictional objections.

The New York Convention sets out the minimum documentary requirements in Article IV. The applicant must produce the original award or a duly certified copy, and the original arbitration agreement or a duly certified copy. Where these documents are not in French, Dutch, or German - Belgium's three official languages - a certified translation is required. DIAC awards are typically issued in English or Arabic, so translation is almost always necessary.

The certified translation requirement is a step that many foreign creditors underestimate. Belgian courts require translations certified by a sworn translator recognised in Belgium or in the country of origin. A translation certified only by the law firm handling the matter is generally insufficient. Engaging a Belgian sworn translator adds cost and time - typically one to three weeks depending on the length of the award.

Beyond the Convention's minimum requirements, Belgian courts in practice expect the following supporting documents:

• A certified copy of the DIAC arbitration rules in force at the time of the proceedings.
• Proof that the award has become final and binding, such as a certificate from the DIAC Secretariat or a statement from UAE counsel.
• Evidence of the debtor's identity and Belgian nexus, such as a company extract from the Crossroads Bank for Enterprises (Banque-Carrefour des Entreprises / Kruispuntbank van Ondernemingen).
• A power of attorney authorising Belgian counsel to act on behalf of the creditor.

A common mistake is submitting an uncertified photocopy of the award. Belgian courts will reject the application or request supplementary documents, resetting the clock on the ex parte review.

The enforcement process to enforce a DIAC award in Belgium follows a sequential path from petition to execution.

The first stage is preparation and document assembly. The creditor, working with Belgian counsel, gathers all required documents, commissions certified translations, and drafts the petition. This stage typically takes two to four weeks, depending on the complexity of the award and the availability of translations.

The second stage is filing the ex parte petition with the Court of First Instance. The petition sets out the factual background, the basis for jurisdiction, the New York Convention grounds for recognition, and a request for the exequatur. The court file is assigned to a judge, who reviews the documents without a hearing in straightforward cases. Belgian courts aim to process ex parte exequatur applications within four to eight weeks of filing, though this varies by court and caseload.

The third stage is the grant of the exequatur. Once the court is satisfied that the formal requirements are met and no manifest ground for refusal is apparent, it issues the exequatur order. This order is served on the debtor by a bailiff. The debtor then has one month from service to file an opposition (tierce opposition or appel) before the Court of Appeal.

The fourth stage is execution. If no opposition is filed within the one-month period, or if any opposition is dismissed, the creditor instructs a bailiff to levy execution. Belgian enforcement measures include attachment of bank accounts, seizure of movable assets, and garnishment of receivables. The bailiff operates under the Belgian Judicial Code's provisions on enforcement, which are detailed and require strict procedural compliance.

If the debtor files an opposition, the matter moves to a contradictory hearing before the Court of Appeal. The Court of Appeal's review is limited to the grounds for refusal under Article V of the New York Convention. This appellate phase can add six to eighteen months to the overall timeline.

We can help structure the enforcement correctly the first time, from document preparation through to execution. Contact us at info@vlolawfirm.com to discuss your specific award and debtor profile.

Belgian courts apply the Article V grounds for refusal strictly and narrowly. The burden of proof lies on the party opposing recognition. The grounds fall into two categories: those raised by the debtor (Article V(1)) and those the court may raise of its own motion (Article V(2)).

Debtor-raised grounds under Article V(1) include incapacity of a party, invalidity of the arbitration agreement, lack of proper notice, the award going beyond the scope of submission, and procedural irregularities in the composition of the tribunal or the conduct of the proceedings. In the context of DIAC awards, the most commonly raised ground is the notice argument - the debtor claims it was not properly notified of the appointment of arbitrators or the proceedings. Belgian courts scrutinise the DIAC file carefully on this point, and creditors should obtain a complete procedural record from the DIAC Secretariat before filing.

Court-raised grounds under Article V(2) are limited to non-arbitrability of the subject matter and violation of Belgian public policy (ordre public). Belgian public policy in the arbitration context is interpreted as international public policy, which is a narrower standard than domestic public policy. A DIAC award will only be refused on public policy grounds if its recognition would violate a fundamental principle of Belgian legal order in a manifest and concrete way. Belgian courts have consistently held that mere differences between the substantive law applied by the tribunal and Belgian law do not constitute a public policy violation.

A practical scenario: a Belgian importer disputes a DIAC award obtained by a Dubai-based supplier on the grounds that the arbitral tribunal applied UAE commercial law rather than Belgian law. Belgian courts will not treat this as a public policy violation, provided the parties agreed to UAE law in their contract. The choice of law is a matter of contractual autonomy, not public policy.

A second practical scenario: a Belgian subsidiary of a multinational group argues that it was not a party to the arbitration agreement, which was signed by the parent company. This raises a genuine Article V(1)(a) ground - the validity and scope of the arbitration agreement. Belgian courts will examine the agreement carefully, including any group-of-companies doctrine arguments, which Belgian law recognises in limited circumstances.

The overall cost of enforcing a DIAC award in Belgium depends on the complexity of the award, the level of debtor resistance, and the volume of translation required. Costs fall into three broad categories.

Professional fees - primarily Belgian counsel and sworn translators - represent the largest component. Counsel fees for an uncontested exequatur application typically start from the low thousands of EUR and increase significantly if the debtor files an opposition and the matter proceeds to the Court of Appeal. Translation costs depend on the length of the award and the language combination; awards of moderate length in English typically cost several hundred to low thousands of EUR to translate.

Court fees in Belgium are relatively modest for exequatur proceedings. Belgian procedural law sets registration duties and court costs at levels that do not represent a significant barrier to enforcement. Bailiff fees for execution are regulated and depend on the value of the assets seized.

The realistic timeline for an uncontested enforcement is three to five months from the date of filing to the point at which execution can begin. This breaks down as follows: two to four weeks for document preparation, four to eight weeks for the ex parte court review, and two to four weeks for service and expiry of the opposition period. A contested enforcement, where the debtor files an opposition and the matter is heard by the Court of Appeal, can take eighteen to thirty months in total.

Many creditors underestimate the translation and certification phase. Delays in obtaining certified translations from sworn translators are the most common cause of avoidable timeline extensions. Engaging translators early - ideally before Belgian counsel is formally instructed - compresses the overall timeline.

Hidden costs include the cost of asset tracing if the debtor's Belgian assets are not immediately identifiable. Belgian bailiffs can access certain public registers, but a targeted asset investigation by a specialist firm may be necessary before execution measures are selected.

What happens if the DIAC award has already been challenged before UAE courts?

If the debtor has applied to set aside the award before the competent UAE court, Belgian courts have discretion under Article VI of the New York Convention to adjourn the exequatur proceedings pending the outcome of the UAE challenge. The Belgian court may also require the debtor to provide security as a condition of any adjournment. In practice, Belgian courts tend to grant adjournments only where the UAE challenge is substantive and not merely dilatory. Creditors should provide evidence of the UAE proceedings' status and argue against adjournment if the challenge appears tactical. The adjournment is not automatic and must be specifically requested by the debtor.

How long does the full enforcement process take, and what drives the cost?

An uncontested enforcement typically takes three to five months from filing to the start of execution. The main cost drivers are Belgian counsel fees, sworn translation costs, and - if the debtor resists - appellate litigation fees. Translation of a lengthy award can take two to three weeks and adds meaningful cost. If the debtor files an opposition before the Court of Appeal, the timeline extends to eighteen to thirty months and costs increase substantially. Creditors should budget for both scenarios and consider whether interim protective measures - such as a conservatory attachment of Belgian bank accounts - are warranted to prevent asset dissipation during the proceedings.

Can a creditor obtain interim protective measures before the exequatur is granted?

Yes. Belgian law allows a creditor holding a foreign arbitral award to apply for a conservatory attachment (saisie conservatoire) of the debtor's Belgian assets before or during the exequatur proceedings. This requires a separate application to the attachment judge (juge des saisies / beslagrechter), who will assess whether there is urgency and a prima facie claim. A foreign arbitral award is generally treated as sufficient evidence of a prima facie claim for this purpose. The conservatory attachment freezes the assets without transferring them; it converts into an enforcement attachment once the exequatur is granted. This two-track approach - pursuing the exequatur while simultaneously securing assets - is standard practice for creditors with significant claims.

Enforcing a DIAC award in Belgium is a structured, achievable process for creditors who prepare their documentation carefully and engage competent Belgian counsel early. The New York Convention provides a robust legal foundation, Belgian courts apply a pro-enforcement approach, and the grounds for refusal are narrow. The main practical challenges are translation and certification requirements, the risk of debtor opposition, and the need to identify and secure Belgian assets promptly.

VLO Law Firm advises international clients on award enforcement matters involving DIAC awards in Belgium. We can assist with document preparation, exequatur petitions, conservatory attachments, and appellate proceedings. To request a consultation, contact: info@vlolawfirm.com