October 2023
La durée de la convention de confidentialité
The question of the duration of the confidentiality agreement is not an easy one. The disclosing party will generally want the confidentiality of the information transmitted to be guaranteed in perpetuity. The problem is that a perpetual obligation is contrary to the principles of civil law . In addition, some authors point out that such an option would also be problematic in terms of certain fundamental freedoms guaranteed by the European Convention on Human Rights (see Vanbrabant, referred below). However, it is not sufficient to stipulate that the confidentiality obligation applies for an indefinite period, as in such a case, either party may terminate [...]
Employee liability
Article 1382 of the Civil Code, which is the basis of the civil liability regime, provides that any person who causes damage to another person through his fault is obliged to compensate the victim for the damage suffered. There is one important exception to this rule in employment law. Article 18 of the law of 3 July 1978 on employment contracts enshrines the partial immunity of employees from liability for faults committed during the performance of their employment contract. The article provides that the employee will only be liable for damage caused to the employer or a third party if he or she has [...]
March 2023
Arbitration clause and provisional measures
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 [...]