We are very proud to announce that Mr. Simon Deryckere, partner of our law firm, has been nominated as a member of the prestigious organization Cepani.
Cepani is the Belgian Centre for Arbitration and Mediation and offers alternative dispute resolution in business law, in particular through mediation and arbitration (www.cepani.be).
Mr. Simon Deryckere is more than 10 years active in the domain of dispute resolution. His experience is, that for each dispute the most appropriate method of (re)solution must be followed. More and more often, this is not necessarily a classical judicial procedure before a court.
Mr. Simon Deryckere is an acknowledged mediator in civil and commercial matters. These mediation sessions can take place before initiating a judicial procedure or after a decision by the court imposing a mediation. Since the Act of 18 June 2018, mediations are also regularly imposed by the courts in cases of business law.
Also arbitration can offer great advantages in business matters:
- speed: in general, arbitration succeeds in solving discussions much faster. The average turnaround time is between 8 and 12 months. This can be explained by the applicable procedural rules (so that appeal is mostly excluded) and material causes.
- expertise: the choice/ the appointment of the arbiter can be made in function of his or her expertise and allows a greater specialization, both in law as in the relevant economic sector.
- confidentiality: arbitration takes place behind closed doors only between the parties and their counsels. The pleadings before courts are public and a public database of the judgement can be expected.
When negotiating a contract, it is recommended to consider to insert an arbitration clause in case a dispute would arise between the parties.
Taking into account the entry into force of the Code of Companies and Associations, this is equally a point of interest at the moment of the adaptation of the articles of association. In principle, all disputes concerning corporate law matters can be dealt through arbitration.