The Belgian Centre for Arbitration and Mediation (“CEPANI”) has adopted revised Arbitration Rules, which will enter into force on 1 June 2026 (“2026 CEPANI Arbitration Rules”). CEPANI states that the revision is intended to provide users with a more “modern, clear, and efficient” dispute resolution mechanism, with a particular focus on digitalisation, multiparty proceedings, sustainability, diversity and inclusion.[1]
Applicability
The 2026 CEPANI Arbitration Rules will apply to arbitrations commenced on or after 1 June 2026, unless the parties have expressly agreed that another version of the Rules should apply.
Article 7.1 provides that, by agreeing to arbitration under the CEPANI Arbitration Rules, parties submit to the Rules and Schedules in effect on the date of commencement of the arbitration, unless they have expressly agreed to apply the Rules in force on the date of their arbitration agreement.[2]
A Stronger Role for Mediation
One of the most notable changes is the integration of mediation into the arbitral process. Under the 2026 CEPANI Arbitration Rules, a request for arbitration must include any proposal by the claimant to submit all or part of the dispute to mediation under the CEPANI Mediation Rules.[3] The respondent must then state whether it accepts or comments on that proposal, or, if no proposal was made by the claimant, may make its own proposal to mediate.[4]
If the parties agree to mediate, the arbitration is suspended until the parties, or one of them, informs the Secretariat that the mediation has ended.[5] The arbitral tribunal may also encourage the parties to consider an amicable settlement and may order mediation either at the parties’ joint request or on its own initiative, but only with the parties’ agreement.[6]
This makes mediation more than a preliminary or optional add-on. It becomes a procedural possibility embedded throughout the arbitration, reflecting the broader trend among arbitral institutions to encourage early and efficient settlement.
Digital Proceedings and Electronic Awards
The 2026 CEPANI Arbitration Rules expressly adapt CEPANI arbitration to digital practice. CEPANI explains that the new Rules allow proceedings to be conducted fully electronically, including through virtual hearings, digital submissions and electronic signing of arbitral awards.[7]
Article 8.2 provides that requests for arbitration, answers, submissions, arbitrator appointments and other communications may validly be made in electronic form or by any other written means. The sender bears the burden of proving that the communication was sent.[8]
The 2026 CEPANI Arbitration Rules also permit awards to be rendered solely in electronic form, provided that all parties expressly agree. In that case, the award must bear a qualified electronic signature within the meaning of Article 3(12) of Regulation No. 910/2014.[9]
This is a practical modernisation, but parties should remain cautious. A purely electronic award may be convenient within the European Union, but enforcement may require additional analysis in jurisdictions where courts expect wet-ink signatures or original paper awards.
Virtual and Hybrid Hearings
The 2026 CEPANI Arbitration Rules also codify the possibility of remote or hybrid hearings. The arbitral tribunal may conduct hearings by videoconference, teleconference, other appropriate means of communication, or any combination of these methods.[10]
This formalises practices that became common during and after the COVID-19 pandemic. It also gives tribunals greater flexibility to design efficient proceedings, particularly where parties, counsel, witnesses and experts are located in different jurisdictions.
Multiparty and Multi-Contract Arbitration
The 2026 CEPANI Arbitration Rules clarify procedures for complex arbitrations involving multiple parties, multiple contracts, intervention, joinder and consolidation.
Claims arising out of or in connection with more than one contract may be made in a single arbitration, even if they arise under one or more arbitration agreements under the 2026 CEPANI Arbitration Rules.[11] The arbitral tribunal may take into account any relevant circumstances when determining whether such claims can be heard together.[12]
The 2026 CEPANI Arbitration Rules also provide more detailed provisions on intervention and joinder. A third party may request to intervene, and a party may request that a third party be joined, where the parties and the third party have agreed to arbitration under the CEPANI Rules.[13] After the arbitral tribunal has been appointed or confirmed, intervention or joinder is restricted unless all the parties, including the third party, have agreed otherwise or as provided in Articles 12.3. and 12.4.[14]
Consolidation is addressed in Article 13. The Appointments Committee or the President may order consolidation of two or more related or indivisible arbitrations pending under the Rules.[15] The Rules list factors to be considered, including whether the arbitration agreements are compatible, whether the disputes arise from the same legal relationship or connected legal relationships, the progress already made in each arbitration and the place of arbitration.[16]
These provisions should reduce procedural uncertainty in disputes involving corporate groups, chains of contracts, construction projects, M&A transactions and other multi-party commercial relationships.
Diversity and Inclusion in Arbitrator Appointments
The 2026 CEPANI Arbitration Rules expressly add diversity and inclusion to the criteria to be considered when appointing or confirming arbitrators. Article 15.1 provides that the Appointments Committee or the President shall take into account, among other things, the availability, qualifications and ability of the arbitrators to conduct the arbitration, as well as “considerations of diversity and inclusion.”[17]
This builds on CEPANI’s broader commitment to sustainability, diversity and inclusion. The Rules’ foreword also refers to the use of neutral and inclusive language and to provisions encouraging diverse arbitrator appointments.[18]
While the provision does not create quotas, it institutionalises diversity as a relevant factor in appointments and confirmations, aligning CEPANI with wider developments in international arbitration.
Guidelines on Arbitral Secretaries
The 2026 CEPANI Arbitration Rules introduce Schedule IV, containing detailed guidelines on the use of arbitral secretaries. The arbitral tribunal may appoint an arbitral secretary to assist with the administration and management of the case where this contributes to a more effective and efficient resolution of the dispute.[19] The arbitral secretary may be linked to the sole arbitrator or the chair’s firm or organisation, or may be an external person.[20]
The Rules also regulate appointment, independence and impartiality. The tribunal must consult the parties on the need for an arbitral secretary, the proposed candidate and the secretary’s role.[21] The secretary must sign a statement of independence and impartiality and disclose circumstances likely to give rise to justifiable doubts.[22]
Importantly, the arbitral secretary is not an arbitrator and may not participate in the tribunal’s decision-making.[23] The tribunal may not delegate its decision-making power, and the appointment of a secretary does not relieve the tribunal from personally reviewing the file, procedural documents and awards.[24]
The Rules also address remuneration. The tribunal is responsible for the secretary’s remuneration. In addition, the secretary’s fees and expenses are included in the fees of the sole arbitrator or chair. This applies unless the parties expressly agree otherwise for certain justified disbursements.[25]
Conclusion
The 2026 CEPANI Arbitration Rules are not a radical overhaul. However, they represent a significant modernisation. In particular, they embed mediation more deeply into arbitration. Moreover, they provide clearer tools for complex multiparty disputes. At the same time, they formalise digital and remote practices. In addition, they introduce electronic awards. They also strengthen diversity and inclusion considerations. Finally, they regulate arbitral secretaries in detail.
For parties drafting CEPANI arbitration clauses, the main practical points are clear. They should consider several issues. Do they want to provide for mediation before or during arbitration? Are electronic awards appropriate, given the likely place of enforcement? Should virtual hearings be permitted or restricted? Is the arbitration clause clear enough for multi-contract or multiparty disputes?
From 1 June 2026, CEPANI arbitration will offer a more flexible and modern procedural framework. This will apply to both Belgian and international disputes.
[1] CEPANI website, The revised CEPANI Arbitration Rules approved by the CEPANI Board of Directors, available at: https://cepani.be/news/the-revised-cepani-arbitration-rules-approved-by-the-cepani-board-of-directors.
[2] 2026 CEPANI Arbitration Rules, Article 7.1.
[3] Id., Article 3.1(g).
[4] Id., Article 4.1(g).
[5] Id., Article 4.5.
[6] Id., Articles 24.9-24.10.
[7] Id., p. 3.
[8] Id., Article 8.2.
[9] Id., Article 31.4.
[10] Id., Article 24.3.
[11] Id., Article 10.1.
[12] Id., Article 10.1.
[13] Id., Article 11.1.
[14] Id., Article 11.2.
[15] Id., Article 13.1.
[16] Id., Article 13.2.
[17] Id., Article 15.1.
[18] Id., p. 3.
[19] Id., Schedule IV, Article 1.1.
[20] Id., Schedule IV, Article 1.2.
[21] Id., Schedule IV, Article 2.2.
[22] Id., Schedule IV, Article 3.2.
[23] Id., Schedule IV, Article 4.1.
[24] Id., Schedule IV, Article 5.
[25] Id., Schedule IV, Article 6.
