Belgium: Legal Environment

Business Contract

General Observation: Contract is considered seriously in Belgium, as much as for other European countries.
Law Applicable to the Contract: Vienna Convention on international contracts
Advisable Incoterms: Ex-work or FOB
Language of Domestic Contract: French or Dutch
Other Laws Which Can Be Used in Domestic Contracts: All foreign laws but only if specified on the contract only. Note that in most of the case, if there is any foreign law, it is Swiss law.

National Organisations: Belgian Office for Intellectual Property (OPRI)
Regional Organisations: For the protection of patents: the European Patent Office (EPO). To control trademarks, designs and models: the European Union Intellectual Property Office (EUIPO).
International Membership: Member of the WIPO (World Intellectual Property Organization)
Signatory to the Paris Convention For the Protection of Intellectual Property
Membership to the TRIPS agreement - Trade-Related Aspects of Intellectual Property Rights (TRIPS)

Type of property and law	Validity	International Agreements Signed
Patent National law	20 years	Patent Cooperation Treaty (PCT)
Trademark Trademark Law	10 years, renewable if the product is put on the market within 5 years	Trademark Law Treaty Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Design Belgian law	Maximum 25 years
Copyright Belgian law	70 years from the death of the author	Berne convention For the Protection of Literary and Artistic Works Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms Rome ConventionFor the Protection of Performers, Producers of Phonograms and Broadcasting Organizations WIPO Copyright Treaty WIPO Performances and Phonograms Treaty
Industrial Models Beneluw law	5 years, can be renewed twice

Equal Treatment of Nationals and Foreigners: Foreign nationals in the country can expect, to a large extent, a free and fair trial from the judiciary. There have been reports of a certain degree of racial and ethnic intolerance. Corruption is limited in Belgium.
The Language of Justice: The language utilised depends on the city and region. It can be French, Flemish or German.
Recourse to an Interpreter: It is recommended to ask your embassy/consulate in order to get a list of interpreters recognised by Belgian Government.
Legal Similarities: The judicial system is based on civil law and originates from the Napoleonic Code, the Civil Code (in French) and the Constitution.

For further information, consult the Belgian law website DroitBelge.net.

Accounting Law	The Law of July 17, 1975, royal decrees and the recommendations of the Accounting Principles Committee as well as the Code des sociétés (Companies Code).
Contract and Property Law	Civil Code
Customs Law	Customs and Excises Code
Companies Law	The Civil Code and bilateral agreements
Labour Law	Labour Law

Court of Appeal	Hears appeals against decisions of the Court of First Instance and the Commercial Court. There are five Courts of Appeal in Belgium.
Court of Assize	It is the name of criminal courts. These courts seat in each of the ten provinces and in the judicial arrondissement of Brussels.

Avocat (Lawyer/Barrister): The lawyer's first role is to inform his clients about their rights and obligations. Then he can represent them in court and make a speech for the defense.
Expert judiciaire (Legal expert): A judge appoints a duly authorized professional who will review information in order to clarify certain elements of a case.
Greffier (Clerk of the Court): All during the procedure, he will write down the exchanges, declarations and observations.
Huissier (Bailiff): He is a legal officer responsible for serving legal process and for enforcing court decisions.
Juge (Judge): He is the one who decides if the law has been broken or not, as well as the penalties which ensue.
Public Prosecutor: He is a magistrate who represents the Prosecution in the county court (tribunal de grande instance).

Arbitration: Arbitration is an alternative dispute resolution method. The parties agree to submit their disagreement to an arbitral tribunal composed of one to three people. On the basis of the request of the parties, the tribunal will render a decision, an arbitral award that is obligatory. This award can be enforced if needed.
Arbitration Law: The Belgian judicial code.
Conformity to International Commercial Arbitration Rules: Party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Party to the Geneva Protocol on Arbitration Clauses.
Party to the Geneva Convention of the Execution of Foreign Arbitral Awards.
Appointment of Arbitrators: The Appointments Committee will take into account more particularly the availability, the qualifications and the ability of the arbitrator to conduct the arbitration. Where the parties have agreed to settle their dispute through a sole arbitrator, they may appoint him by mutual consent. When it has been agreed to appoint three arbitrators, each party shall nominate its arbitrator. More information on the website of Belgian Center for Mediation and Arbitration.
Arbitration Procedure: Complete procedures are available on the website of Belgian Center for Mediation and Arbitration.
Permanent Arbitration Bodies: Brussels Mediation Center

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