Enforcing a VIAC award in Belgium is a well-defined process anchored in the 1958 New York Convention, to which Belgium is a signatory. Belgian courts apply a limited-review standard: they examine procedure and public policy, not the merits of the dispute. A creditor who holds a final VIAC award can, in most cases, obtain a Belgian enforcement order within a few months, provided the procedural requirements are met correctly from the outset. This guide explains how to enforce a VIAC-Vienna arbitral award in Belgium, covering the legal framework, the step-by-step exequatur procedure, available defences, realistic timelines and costs, and the practical traps that foreign creditors most often encounter.
Belgium's approach to foreign arbitral award enforcement rests on two overlapping legal pillars. The first is the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which Belgium ratified and which takes direct effect in Belgian courts. The second is the Belgian Code of Private International Law and the Belgian Judicial Code, which together set out the domestic procedural rules for the exequatur process.
Under the New York Convention, Belgium is obliged to recognise and enforce awards made in other contracting states - which includes Austria, the seat of VIAC proceedings - unless one of the exhaustive grounds for refusal listed in Article V of the Convention applies. Belgian courts have consistently interpreted those grounds narrowly, in line with the pro-enforcement bias that characterises the Convention's application across most jurisdictions.
The Belgian Judicial Code, specifically its provisions on international arbitration, supplements the Convention by designating the competent courts, setting out the documents required, and specifying the procedural steps. Belgium also incorporated the UNCITRAL Model Law framework into its domestic arbitration legislation through reforms to the Judicial Code, which reinforced the limited-review principle and aligned Belgian practice with international standards.
A VIAC award is rendered in Vienna, Austria. Austria is a New York Convention signatory. The award therefore qualifies as a "foreign arbitral award" for Belgian purposes, and the full Convention regime applies. There is no requirement to first seek recognition in Austria before proceeding in Belgium.
The court with subject-matter jurisdiction to grant exequatur for 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 in Belgium, or, if the debtor has no domicile in Belgium, by the location of the assets against which enforcement is sought.
In practice, most enforcement applications against Belgian-domiciled companies are filed with the Court of First Instance in Brussels, Antwerp, Ghent, Liège or another provincial seat, depending on where the debtor is established. If the debtor has no Belgian domicile but holds assets in Belgium, the creditor must identify those assets and file in the court of the district where they are located.
The application is addressed to the president of the court or to a designated judge, depending on whether the creditor proceeds by way of a unilateral petition (requête unilatérale) or a contradictory procedure. Belgian practice generally permits the initial exequatur application to be filed unilaterally, meaning the debtor is not notified at the filing stage. This is an important tactical advantage: it allows the creditor to obtain the enforcement order and immediately move to attach assets before the debtor can take protective steps.
A common mistake among foreign creditors is filing in the wrong district. Belgian territorial jurisdiction rules are strict, and a filing in the wrong court will be rejected, causing delay. Identifying the debtor's registered seat or the precise location of Belgian assets before filing is therefore a prerequisite, not an afterthought.
The exequatur process in Belgium follows a clear sequence. Understanding each stage reduces the risk of procedural errors that can delay or derail enforcement.
Preparing the application file
The creditor must assemble a complete dossier before filing. Under Article IV of the New York Convention, the applicant must supply the duly authenticated original award or a duly certified copy, and the original arbitration agreement or a duly certified copy. If either document is not in French, Dutch or German - Belgium's three official languages - a certified translation into the language of the court's jurisdiction is required.
For a VIAC award, the award will typically be in English or German. A certified translation into French or Dutch (depending on the court's linguistic region) is almost always necessary. Using a sworn translator recognised in Belgium is mandatory; translations prepared abroad by non-sworn translators are routinely rejected. Many creditors underestimate the time and cost involved in obtaining certified translations of lengthy awards and arbitration agreements.
The application itself is a written petition setting out the identity of the parties, a summary of the arbitral proceedings, the relief granted in the award, and the grounds on which the award satisfies the New York Convention requirements. Belgian courts do not require extensive argument at this stage; the petition should be concise and focused on establishing the formal requirements.
Filing and the unilateral phase
The petition is filed with the registry of the competent Court of First Instance. The filing fee is modest. The court then examines the dossier on a documentary basis, without a hearing, to verify that the formal requirements are met and that no manifest ground for refusal under Article V of the Convention is present.
If the court is satisfied, it issues an enforcement order (exequatur). This order is appended to the award and authorises enforcement in Belgium. The timeline for this unilateral phase typically ranges from a few weeks to around two to three months, depending on the court's workload and the completeness of the dossier. Brussels courts tend to be busier than provincial courts, which can affect timing.
Service and the debtor's right to oppose
Once the exequatur is granted, it must be served on the award debtor by a Belgian bailiff (huissier de justice). Service triggers the debtor's right to file an opposition or an appeal. Under Belgian procedural rules, the debtor has one month from service to file an opposition if the exequatur was granted by unilateral petition, or to appeal if the application was contradictory.
During this period, the creditor can already proceed with provisional enforcement measures, including the attachment of Belgian bank accounts, real estate or movable assets, provided the exequatur order is enforceable on a provisional basis. Belgian law generally permits provisional enforcement of first-instance judgments, including exequatur orders, pending any appeal.
Opposition and appeal proceedings
If the debtor files an opposition or appeal, the case moves into a contradictory phase before the Court of First Instance or the Court of Appeal, depending on the procedural route taken. The debtor can only raise the grounds listed in Article V of the New York Convention. Belgian courts do not permit the debtor to relitigate the merits of the underlying dispute.
The contradictory phase adds time - typically six to eighteen months at first instance, and potentially longer if the matter proceeds to the Court of Appeal. In practice, well-grounded VIAC awards with clean procedural records rarely succeed in being refused enforcement in Belgium. Belgian courts have a strong track record of enforcing foreign awards.
Article V of the New York Convention provides an exhaustive list of grounds on which a Belgian court may refuse recognition or enforcement. These grounds are interpreted strictly and narrowly. The burden of proof lies with the party opposing enforcement.
The debtor-side grounds under Article V(1) include: incapacity of a party or invalidity of the arbitration agreement under the applicable law; lack of proper notice of the appointment of the arbitrator or of the arbitral proceedings; the award deals with a dispute not falling within the terms of the submission to arbitration; the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, with the law of the seat; and the award has not yet become binding, or has been set aside or suspended by a competent authority of the country where it was made.
The court-side grounds under Article V(2) are: the subject matter of the dispute is not capable of settlement by arbitration under Belgian law; and recognition or enforcement would be contrary to Belgian public policy (ordre public).
In Belgian practice, the public policy defence is the most frequently invoked but also the most difficult to sustain. Belgian courts apply an international public policy standard, which is narrower than domestic public policy. Procedural irregularities that fall short of a fundamental violation of due process will not suffice. Substantive outcomes that a Belgian court might have decided differently are not a basis for refusal.
A non-obvious risk arises where the VIAC award has been challenged before the Austrian courts. If Austrian set-aside proceedings are pending, the Belgian court has discretion to adjourn the enforcement application pending the outcome. The creditor should monitor the status of any Austrian proceedings and be prepared to address this issue in the Belgian application.
In practice, founders and creditors should consider whether the award debtor has any procedural arguments relating to the composition of the VIAC tribunal or the conduct of the proceedings. VIAC follows the Vienna Rules, which are well-regarded internationally. A tribunal constituted and proceedings conducted in accordance with those rules will generally withstand scrutiny under Article V(1)(d).
The total timeline from filing the exequatur application to completing asset enforcement in Belgium depends on whether the debtor contests the process.
In an uncontested scenario - where the debtor does not file opposition and the dossier is complete - the creditor can expect to obtain the exequatur order within two to three months of filing, serve it promptly, and proceed to asset attachment within a further few weeks. Total elapsed time from filing to first enforcement action: roughly three to five months.
In a contested scenario - where the debtor files opposition and the matter proceeds through first instance and potentially appeal - the timeline extends significantly. First-instance opposition proceedings typically take six to eighteen months. An appeal to the Court of Appeal adds a further one to two years in most cases. The creditor can, however, continue provisional enforcement measures during this period unless the court grants a stay.
On costs, the professional fees for Belgian counsel to handle the exequatur application typically start from the low thousands of EUR for a straightforward matter. More complex cases involving translation of lengthy awards, contested proceedings or multi-asset enforcement will cost considerably more. Translation costs for a substantial VIAC award can themselves run to several thousand EUR. Bailiff fees for service and asset attachment are additional. Court filing fees are modest by comparison.
Many creditors underestimate the translation budget. A VIAC award in a significant commercial dispute may run to dozens of pages, and certified legal translation is priced per page. Budgeting for this cost early avoids surprises.
We can help structure the enforcement strategy correctly from the outset, including identifying Belgian assets, preparing the exequatur dossier and coordinating with Belgian counsel. Contact us at info@vlolawfirm.com.
Scenario one: Belgian subsidiary of an Austrian counterparty
A creditor holds a VIAC award against an Austrian company that has a wholly-owned Belgian subsidiary with significant assets. The award debtor itself is Austrian, but the creditor wishes to enforce against assets held by the Belgian entity. This scenario raises a distinct legal question: the exequatur in Belgium runs against the award debtor, not against third-party entities. The creditor cannot directly enforce against the subsidiary's assets unless it can establish that the subsidiary is itself liable - for example, through piercing the corporate veil or a separate contractual basis.
In this situation, the correct approach is to obtain the Belgian exequatur against the Austrian parent and then seek enforcement against assets that the parent itself holds in Belgium, such as shares in the subsidiary, intercompany receivables or real estate. Attempting to attach the subsidiary's own operating assets without a separate legal basis against the subsidiary is a common and costly mistake.
Scenario two: Belgian trading company with dispersed assets
A creditor holds a VIAC award against a Belgian trading company with assets spread across multiple Belgian districts - bank accounts in Brussels, warehouse inventory in Antwerp, and real estate in Ghent. The creditor files the exequatur application in Brussels, where the debtor is registered. Once the exequatur is granted, the creditor instructs Belgian bailiffs in each relevant district to attach the respective assets simultaneously. Simultaneous attachment across districts is legally permissible and tactically important: it prevents the debtor from moving assets between the service of the exequatur and the completion of attachment. Coordinating multiple bailiffs requires advance preparation and adds to the professional fees, but the investment is justified where the debtor is likely to be uncooperative.
What happens if the VIAC award is being challenged before the Austrian courts at the same time as I apply for enforcement in Belgium?
Belgian courts have discretion under Article VI of the New York Convention to adjourn the enforcement decision if set-aside proceedings are pending before the Austrian courts. The Belgian court may also require the award debtor to provide security as a condition of any adjournment. In practice, Belgian courts do not automatically adjourn; they weigh the likelihood of the set-aside succeeding and the prejudice to the creditor from delay. A creditor facing this situation should present evidence that the Austrian challenge is weak or dilatory, and should argue against any stay or, alternatively, for security to be ordered. The existence of Austrian proceedings does not prevent the creditor from taking provisional attachment measures in Belgium in the meantime, which is an important protective step.
How long does the Belgian exequatur process realistically take, and what are the main cost drivers?
In an uncontested case with a complete dossier, the exequatur order can be obtained within two to three months of filing. The main cost drivers are professional fees for Belgian counsel, certified translation of the award and arbitration agreement, and bailiff fees for service and enforcement. Translation is often the largest single cost item for substantial awards. If the debtor contests the exequatur, the timeline extends to one to three years or more depending on whether the matter reaches the Court of Appeal. Budgeting for both the uncontested and contested scenarios before commencing enforcement is sound practice.
Can I enforce a VIAC award in Belgium if the debtor has no registered address there but holds Belgian real estate?
Yes. Belgian territorial jurisdiction for exequatur purposes can be founded on the location of assets in Belgium, not only on the debtor's domicile. If the debtor holds Belgian real estate, the creditor can file the exequatur application with the Court of First Instance in the district where the property is located. Once the exequatur is granted, the creditor can proceed to attach the real estate through the Belgian bailiff and, if necessary, initiate forced sale proceedings. Identifying and documenting the Belgian assets before filing - through land registry searches and other due diligence - is an essential preparatory step that should not be skipped.
Enforcing a VIAC award in Belgium is a structured and generally creditor-friendly process. Belgium's commitment to the New York Convention, its narrow interpretation of Article V defences, and its procedural rules permitting unilateral exequatur applications and provisional enforcement all favour the award creditor. The main risks lie in procedural errors - wrong court, incomplete translations, poor asset identification - rather than in substantive legal obstacles. A well-prepared application, filed in the correct court with a complete dossier, will in most cases result in an enforceable order within a few months.
VLO Law Firm advises international clients on award enforcement matters involving VIAC and other arbitral institutions in Belgium. We can assist with exequatur applications, certified document preparation, asset identification, coordination with Belgian counsel, and enforcement strategy across multiple districts. To request a consultation, contact: info@vlolawfirm.com