Cass. 7 April 2023: Landmark shift in the arbitrability of distribution disputes

The arbitrability of disputes regarding the unilateral termination of specific protected categories of distribution agreements has long been debated. The fact that the case law of the Belgian Supreme Court (“Cassation Court”) in this matter remained untouched for a long time, despite fundamental changes in Belgian law, fostered doctrinal controversies and contradictory judgments. The article assesses the impact of the Cassation Court’s decision of 7 April 2023 on the arbitrability, under Belgian law, of certain distribution disputes.