By including an arbitration clause in a contract, the courts and tribunals of the judicial system are no longer competent to hear any dispute between the parties in relation to this contract. This principle is unanimously recognised internationally.
The arbitration clause does not, however, prevent the granting of provisional or protective measures by the State judge before the arbitral tribunal is set up. Article 1683 of the Belgian Judicial Code expressly provides that “an application to the courts, before or during the arbitral proceedings, for interim or conservatory measures is not incompatible with the arbitration agreement and does not imply a waiver of the agreement”.
