Enforcing an ICC Award (Paris) in Belgium

To enforce an ICC award rendered in Paris in Belgium, a creditor must obtain an exequatur from a Belgian court of first instance. Belgium is a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which provides the primary legal framework. The process is relatively creditor-friendly, but procedural precision matters: errors in the application or supporting documents can cause delays of several months. This guide covers the legal basis, step-by-step procedure, recognition timeline, available defences, costs and practical pitfalls.

Belgium has a long-standing reputation as an arbitration-friendly jurisdiction. The Belgian Code of Civil Procedure, specifically Part VI on arbitration (Articles 1676 to 1722), implements modern international arbitration standards and aligns closely with the UNCITRAL Model Law. Belgian courts have consistently interpreted the New York Convention in a pro-enforcement manner, rarely refusing recognition on grounds that would be considered marginal in other jurisdictions.

An ICC award rendered in Paris qualifies as a foreign arbitral award under Belgian law because the seat of arbitration is France, not Belgium. This distinction matters: Belgian courts apply the New York Convention rather than domestic Belgian arbitration rules when deciding whether to grant exequatur. France and Belgium are both contracting states to the Convention, which removes one potential procedural hurdle at the outset.

Belgium's commercial courts are experienced with international arbitration matters. The Brussels Court of First Instance, in particular, handles a significant volume of exequatur applications each year and has developed a body of case law that is generally predictable. For creditors holding an ICC Paris award, this predictability reduces litigation risk compared with enforcement in less experienced jurisdictions.

A non-obvious requirement is that the exequatur procedure in Belgium is initially ex parte - the debtor is not notified at the application stage. This allows the creditor to obtain recognition and, if necessary, attach assets before the debtor can take evasive action. Once exequatur is granted, the debtor may oppose it through a separate adversarial procedure.

The 1958 New York Convention is the cornerstone of the enforcement process. Belgium ratified the Convention without reservations, meaning it applies to all foreign arbitral awards regardless of whether the country of origin is a contracting state. In practice, since France is also a contracting state, the Convention applies straightforwardly to ICC Paris awards.

Under Article IV of the New York Convention, the applicant must supply two documents: the duly authenticated original award or a certified copy, and the original arbitration agreement or a certified copy. If these documents are not in French, Dutch or German - the three official languages of Belgium - a certified translation must accompany them. ICC awards are typically issued in English or French; a French-language award avoids the translation requirement for proceedings before Brussels courts, which operate in French.

Belgian domestic law supplements the Convention through the Judicial Code. Article 1719 of the Judicial Code sets out the grounds on which a Belgian court may refuse recognition. These grounds mirror Article V of the New York Convention almost exactly: incapacity of a party, invalidity of the arbitration agreement, lack of proper notice, excess of jurisdiction, irregular composition of the tribunal, non-binding or annulled award, non-arbitrability of the subject matter, and violation of Belgian public policy.

Belgian courts have interpreted the public policy exception narrowly. Mere procedural irregularities or disagreements with the merits of the award do not constitute a public policy violation. The exception is reserved for fundamental breaches of Belgian legal order, such as fraud on the tribunal or a clear violation of mandatory EU law. This narrow interpretation is consistent with the pro-enforcement stance of Belgian jurisprudence.

A common mistake made by foreign creditors is conflating the grounds for setting aside an award at the seat (Paris) with the grounds for refusing recognition in Belgium. These are distinct procedures governed by different legal regimes. An ICC award that has not been set aside in France can still be enforced in Belgium even if annulment proceedings are pending in French courts, though a Belgian court may stay enforcement pending the outcome of those proceedings.

The enforcement process in Belgium proceeds in two main phases: the ex parte exequatur application and, if contested, the adversarial opposition procedure.

Preparing the application file

The creditor files a unilateral petition (requête unilatérale) with the president of the competent court of first instance. Jurisdiction is determined by the domicile or registered seat of the debtor in Belgium, or by the location of assets to be attached if the debtor has no Belgian domicile. The petition must identify the parties, describe the award, state the amount claimed and attach the required documents under Article IV of the New York Convention.

Required documents typically include:

• The original ICC award or a certified copy, authenticated by the ICC Secretariat or a notary.
• The original arbitration agreement (usually the ICC arbitration clause in the underlying contract) or a certified copy.
• A certified French, Dutch or German translation if the award is in another language.
• Proof of the creditor's identity and authority to act (corporate extract, power of attorney for counsel).

Filing and the ex parte review

The petition is filed with the court registry. The president of the court reviews the file on the papers, without hearing the debtor. The review is limited to the formal requirements of the New York Convention: the judge checks whether the documents are in order and whether any of the refusal grounds under Article V are apparent on the face of the file. The judge does not re-examine the merits of the award.

In practice, this stage takes between four and eight weeks from filing, assuming the file is complete. Incomplete files - missing translations, unauthenticated copies, or absent powers of attorney - are the most common cause of delay. The court may request supplementary documents rather than reject the application outright, but each round of supplementation adds several weeks.

Grant of exequatur and service on the debtor

Once the president grants exequatur, the order is appended to the award. The creditor must then serve the exequatur order on the debtor through a Belgian bailiff (huissier de justice). Service triggers the debtor's right to oppose the exequatur within one month. If the debtor is domiciled outside Belgium, the opposition period is extended under the rules applicable to international service.

After service, the creditor may immediately instruct a bailiff to attach the debtor's Belgian assets. This is one of the most significant practical advantages of the Belgian ex parte procedure: enforcement action can begin before the debtor has had a full opportunity to contest recognition.

Opposition by the debtor

If the debtor opposes the exequatur, the matter is referred to a full chamber of the court of first instance for adversarial proceedings. The debtor bears the burden of proving one of the Article V grounds for refusal. Belgian courts apply a strict standard: the debtor must demonstrate, not merely allege, that a ground for refusal exists.

The adversarial phase typically takes six to eighteen months, depending on the complexity of the grounds raised and the court's caseload. If the debtor raises a pending annulment action in France, the Belgian court has discretion to stay enforcement pending the French decision. In practice, Belgian courts grant stays only where the annulment proceedings are at an advanced stage and the grounds raised appear substantive.

In a scenario where the debtor is a Belgian subsidiary of a multinational group, the creditor should consider attaching assets at the Belgian level immediately after service, before the debtor can transfer value to other group entities. Belgian attachment law allows provisional attachment (saisie conservatoire) on the basis of an exequatur order, even during the opposition period.

We can help structure the enforcement strategy correctly from the outset, including asset identification and timing of attachment. Contact us at info@vlolawfirm.com.

Understanding the available defences is essential for both creditors assessing enforcement risk and debtors evaluating their options. Belgian courts apply the Article V grounds of the New York Convention as an exhaustive list; no additional domestic grounds are available.

Incapacity and invalidity of the arbitration agreement

A debtor may argue that a party lacked legal capacity at the time of the arbitration agreement, or that the agreement is invalid under the law governing it. In ICC arbitration, the arbitration clause is typically governed by the law of the seat (French law) or the law chosen by the parties. Belgian courts will apply the relevant foreign law to assess validity. This ground rarely succeeds in practice because ICC arbitration clauses are drafted carefully and the ICC Secretariat screens cases for jurisdictional issues at the outset.

Lack of proper notice and due process

The debtor may argue that it was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings, or was otherwise unable to present its case. Belgian courts interpret this ground strictly: the debtor must show actual prejudice, not merely a procedural irregularity. A debtor that participated in the ICC proceedings without objection will find it very difficult to raise this ground at the enforcement stage.

Excess of jurisdiction

If the award deals with matters beyond the scope of the arbitration agreement, the Belgian court may refuse recognition for that portion of the award. Belgian courts are willing to sever an award and enforce the portions that fall within the agreed scope, rather than refusing enforcement entirely. This is a creditor-friendly approach that limits the practical impact of this defence.

Public policy

As noted above, Belgian courts apply the public policy exception narrowly. The exception covers fundamental violations of Belgian legal order, including EU competition law in cases where the award would require conduct that is manifestly incompatible with EU mandatory rules. A debtor seeking to invoke public policy must identify a specific, concrete violation - not merely argue that the outcome of the award is unfair.

Non-arbitrability

Certain subject matters are non-arbitrable under Belgian law, including some aspects of consumer protection, employment law and insolvency. For ICC commercial arbitration between sophisticated parties, non-arbitrability is rarely a viable defence. Belgian courts have consistently held that commercial disputes between companies are arbitrable.

In a scenario where a debtor raises both a pending annulment action in France and a public policy argument, the Belgian court will typically address the stay application first. If a stay is granted, the creditor should seek to maintain any provisional attachments already in place, as Belgian law allows attachments to survive a stay of the main enforcement proceedings.

Realistic timeline

The ex parte phase - from filing to grant of exequatur - typically takes four to eight weeks for a well-prepared file. Service on the debtor and the one-month opposition period add another six to eight weeks. If the debtor does not oppose, the creditor can proceed to enforcement action approximately three to four months after filing.

If the debtor opposes, the adversarial phase adds six to eighteen months. Appeals to the Court of Appeal and, ultimately, the Court of Cassation are possible, though Belgian courts of appeal generally uphold first-instance exequatur decisions. A full contested enforcement process, including appeals, can take two to four years in complex cases.

Cost levels

Court filing fees in Belgium are modest by international standards. The main cost driver is legal representation. Counsel fees for a straightforward exequatur application - preparing the petition, assembling the file and attending to any court queries - typically start from the low thousands of EUR. Contested proceedings with adversarial hearings, expert evidence and potential appeals involve significantly higher fees, often running into the tens of thousands of EUR depending on the complexity and duration.

Bailiff fees for service and asset attachment are regulated and relatively predictable. Translation costs depend on the length and language of the award; a full ICC award in English will require a certified French translation, which can add several thousand EUR for a lengthy award.

Many underestimate the cost of obtaining authenticated copies of the ICC award and the arbitration agreement, particularly if the original documents are held by counsel in another jurisdiction. Apostille certification or notarial authentication may be required, and coordinating this across jurisdictions adds both time and cost.

Hidden costs can also arise from asset tracing. If the debtor's Belgian assets are not readily identifiable, the creditor may need to engage a specialist to locate attachable assets before or immediately after service. Belgian law allows a creditor holding an exequatur to request information from third parties, including banks, about the debtor's assets, but this process takes time.

Choosing the right court

Jurisdiction in Belgium is determined primarily by the debtor's domicile or registered seat. If the debtor has multiple Belgian establishments, the creditor may have a choice of courts. Brussels courts have the most experience with international arbitration matters and are generally the preferred forum. However, if the debtor's main assets are located in another Belgian city - Antwerp, Ghent or Liège, for example - filing in the local court may facilitate faster asset attachment.

Language of proceedings

Belgian courts operate in the language of their judicial district: French in Brussels (for most commercial matters), Dutch in Antwerp and Ghent, and German in the eastern cantons. The choice of court therefore affects the language of proceedings and the translation requirements for the award and supporting documents. A French-language ICC award is immediately usable in Brussels without translation, which is a practical advantage.

Coordinating with French annulment proceedings

If the debtor has filed or is likely to file an application to set aside the award before the Paris Court of Appeal, the creditor should monitor those proceedings closely. A Belgian court may stay enforcement if French annulment proceedings are pending, but the creditor can argue against a stay by demonstrating that the annulment grounds are weak or that the debtor is dissipating assets. Maintaining provisional attachments during any stay is a key tactical priority.

Asset identification before filing

In practice, founders and creditors should consider conducting asset identification before filing the exequatur application. Belgian law allows provisional attachment on the basis of an exequatur order, but the window between service on the debtor and the debtor's awareness of the enforcement action is narrow. Pre-filing intelligence on the debtor's Belgian assets - bank accounts, real estate, receivables, shareholdings - allows the creditor to move quickly after service.

A common mistake is waiting until after the exequatur is granted to begin asset identification. By that point, a sophisticated debtor may have received informal notice through its counsel network and begun to restructure its Belgian holdings. Early preparation is essential.

Recognition without immediate enforcement

A creditor may obtain exequatur without immediately proceeding to enforcement. This can be useful where the debtor is in financial difficulty and the creditor wishes to register the award as a claim in Belgian insolvency proceedings. An exequatur order is a prerequisite for participating in Belgian insolvency proceedings as a foreign award creditor.

For assistance with the enforcement process, including document preparation, court filings and asset attachment strategy, contact info@vlolawfirm.com.

What happens if the ICC award has already been partially paid - can Belgium enforce only the outstanding balance?

Yes, Belgian courts can grant exequatur for the outstanding balance of an award where partial payment has been made. The creditor must provide evidence of the payments received - typically bank records or correspondence from the debtor - and adjust the petition accordingly. The court will grant exequatur for the net amount outstanding, including any interest accrued under the award. It is important to calculate interest correctly up to the date of the petition, as Belgian courts will not automatically update the figure during proceedings. Overstating the outstanding amount can create procedural complications, so precise calculation supported by documentary evidence is essential.

How long does the full enforcement process take if the debtor actively contests recognition?

A contested enforcement process in Belgium typically takes between one and three years from filing to a final first-instance decision, with the possibility of further delay if the debtor appeals to the Court of Appeal or the Court of Cassation. The adversarial phase before the court of first instance usually takes six to eighteen months, depending on the grounds raised and the court's schedule. Appeals add further time. However, the creditor can maintain provisional attachments throughout the proceedings, which limits the debtor's ability to dissipate assets during the litigation. In practice, many debtors settle once provisional attachments are in place, because the cost of prolonged litigation often exceeds the benefit of resisting enforcement.

Is it possible to enforce an ICC Paris award in Belgium if annulment proceedings are pending in France?

Yes, it is possible. A pending annulment action in France does not automatically prevent enforcement in Belgium. Under Article VI of the New York Convention, a Belgian court has discretion to adjourn the enforcement decision or stay enforcement pending the outcome of the French proceedings, but it is not obliged to do so. Belgian courts assess the likelihood of success of the annulment proceedings and the risk of harm to the creditor from delay. If the annulment grounds appear weak or the debtor appears to be using the French proceedings as a delaying tactic, Belgian courts have shown willingness to proceed with enforcement. The creditor should present evidence of the status of the French proceedings and argue against any stay application.

Enforcing an ICC Paris award in Belgium is a structured, relatively predictable process for a well-prepared creditor. The New York Convention provides a robust legal basis, Belgian courts apply a pro-enforcement standard, and the ex parte exequatur procedure allows early asset attachment. The key variables are the completeness of the application file, the speed of asset identification and the debtor's willingness to contest recognition.

VLO Law Firm advises international clients on award enforcement in Belgium and other European jurisdictions. We can assist with exequatur applications, document authentication, certified translations, asset attachment strategy and representation in contested proceedings. To request a consultation, contact: info@vlolawfirm.com