Last week, UNCITRAL Working Group II held its 80th session in Vienna from September 30 to October 4, 2024, focusing on dispute settlement mechanisms, including the recognition and enforcement of electronic arbitral awards. The discussions highlighted that, while electronic awards hold significant potential for improving efficiency in arbitration, they face challenges due to legal ambiguities, particularly regarding the New York Convention, which does not explicitly address electronic awards.
CEPANI President Benoît Kohl and Secretary-General Emma Van Campenhoudt participated in the session and submitted a brief note to the UNCITRAL Secretariat, with the assistance of Maarten Draye. Their submission highlighted Belgium’s 2024 legal amendment, which allows for arbitral awards to be rendered in electronic format. This amendment also facilitates the recognition and enforcement of such awards, regardless of whether the arbitral tribunal is seated in Belgium or abroad. This positions Belgium as one of the few countries to have explicit provisions for electronic awards, underscoring its readiness for digital transformations in dispute resolution. The session emphasized the need for member states to evaluate the current practices surrounding electronic awards to guide further harmonization efforts globally.
This development aligns with the group's broader goal of modernizing arbitration procedures to accommodate digital advancements. Further deliberations on this topic will continue in the 81st session scheduled in New York in February 2025.
