Legislation
It is worth noting that this page's only aim is to showcase the various texts relating to out-of-court dispute resolution. It is therefore not an exhaustive list of what exists in this field.
Laws, decrees and recommandations
1. Belgium
In general
- Mediation
Law of 21 February 2005 modifiant le Code judiciaire en ce qui concerne la médiation.
Code judiciaire art. 1724 – 1737 - Arbitration
Code judiciaire art. 1676 – 1723 - Concilliation
Code judiciaire art. 731 – 734
Specific
Office of the Ombudsman for the Postal Sector
Law of 21 March 1991 on the reform of certain economic public companies Ombudsman for the NMBS Group
Law of 21 March 1991 on the reform of certain economic public companiesOmbudsman Service for Telecommunications
Law of 21 March 1991 on the reform of certain economic public companies- Ombudsman Service for Energy
Royal Decree of 28 January 2008 relatif au service de médiation pour l’énergie.
Law of 29 April 1999 relative à l’organisation du marché de l’électricité
Law of 12 april 1965 relative au transport de produits gazeux et autres par canalisations
2. European Union
Commission Recommendation 98/257/EC of 30 March 1998
on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputesCommission Recommandation 2001/310/EC de la Commission of 4 April 2001
on the principles for out-of-court bodies involved in the consensual resolution of consumer disputes
- Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters
3. Other international organisations
OECD Recommandation on Consumer Dispute Resolution and Redress, OESO 2007
4. In the future
Proposal for a Directive
of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, which aims at strengthening and imposing a certain level of quality for alternative B2C dispute resolution entities.Proposal for a Regulation
of the European Parliament and of the Council on online dispute resolution for consumer disputes, with a view to the creation of an online platform enabling European consumers to find an alternative dispute resolution entity to solve a commercial dispute arising from electronic commerce, when the consumer and the trader are located in different Member States.
On 12 March 2013 the European Parliament approved the draft directive and the draft regulation.
The Committee of Permanent Representatives" (COREPER) approved the drafts on 10 April 2013.
They still have to be signed and published in the Official Journal of the European Union.
