Maarten Draye, Author at Kluwer Arbitration Blog

By Maarten Draye

Maarten Draye specializes in complex litigation and arbitration. A member of the Brussels Bar, he advises and represents clients before arbitral tribunals and state courts. He further acts as arbitrator and has experience as secretary to arbitral tribunals.

His experience spans various fields and industries, including inter alia aviation, biochemistry, BITs, construction, distributorship & agency, fair trade practices, banking & finance, intellectual property, investments, joint ventures, post-mergers & acquisitions, real estate, sales & services, and telecommunication. He has been involved in arbitration proceedings with seat in different jurisdictions and under a variety of arbitration rules (ICC, LCIA, UNCITRAL, ICSID, SCC, SWISS, CEPANI, CRCICA and OHADA) as well as ad hoc.

Maarten regularly speaks and publishes on arbitration-related topics. He co-edited a treatise on arbitration in Belgium (Arbitration in Belgium - A Practitioner's Guide, Kluwer Law International, 2016). He teaches arbitration at the Brussels Bar School.

Peers and clients refer to him as "a well-established counsel in international arbitration and an 'outstanding young arbitrator'" (GAR, 25/5/2017), highlighting his “broad experience on both sides of the bench, as counsel, sole arbitrator and as secretary sitting with the greats of his firm” (WWL 2017).

In addition to his legal work, Maarten represents Belgium at the ICC Commission on Arbitration and ADR, serves as chairman of the Alumni and Friends of the School of International Arbitration at Queen Mary (AFSIA) and is part of the CEPANI40 Steering Committee. He is a member of various organizations, such as CEPANI, ICC YAF, YIAG and Young ICCA.

Maarten joined Hanotiau & van den Berg in 2007 after completing an internship at WilmerHale in London. He holds a Master of Laws (Lic. Jur.) and a Master in Management Economics from KU Leuven and read for an LL.M. in International Business Law at Queen Mary, University of London.

CAS arbitration, CJEU, EU Law, New York Convention, Res Judicata

CJEU’s Advocate-General Calls for a Separate Approach to Forced Arbitration and Pleads for a Full Court Review of CAS Awards for Compatibility with EU Law

Maarten Draye (Hanotiau & van den Berg / KU Leuven)/March 6, 2025March 13, 2025 /Leave a comment

On 16 January 2025, Advocate General Capeta (“AG”) issued her opinion in a dispute concerning third party ownership (“TPO”) rules between Belgian football club RFC Seraing and the International Federation of Association Football (“FIFA”). Pending the CJEU’s highly anticipated judgment in this case, this post seeks to give some insights into the scope and potential…

b-Arbitra | Belgian Review of Arbitration

The Contents of b-Arbitra, Issue 2023-1

Maarten Draye (Hanotiau & van den Berg / KU Leuven) and Caroline Verbruggen/October 8, 2023October 23, 2023 /Leave a comment

b-Arbitra is the Belgian Review of Arbitration, issued biannually, with publication of judgments, notes and commentaries on arbitration related topics. 2013 was a landmark year for arbitration in Belgium. On 1 January 2013, CEPANI introduced new arbitration rules. On 1 September 2013, a new Belgian arbitration law entered into force. And last but not least,…

Belgium

Belgium’s Supreme Court Overturns Decades-Old Precedent and Allows Disputes About the Termination of Exclusive Distribution Agreements to Be Settled by Arbitration

Pascal Hollander (Hanotiau & van den Berg) and Maarten Draye (Hanotiau & van den Berg / KU Leuven)/September 15, 2023September 4, 2023 /Leave a comment

In a decision rendered on 7 April 2023 in the Thibelo case, the Belgian Supreme Court (Cour de Cassation/Hof van Cassatie) ruled that disputes about the termination of exclusive distribution agreements can be settled through arbitration, even where such an agreement is governed by foreign substantive law, regardless of whether such foreign law offers similar protection…

Arbitration, Belgium, CEPANI, Dispute Settlement, Expert evidence, Experts, UNCITRAL, UNCITRAL Arbitration Rules

CEPANI Celebrates Golden Anniversary with Three Days of Events and a New Set of Arbitration Rules

Maarten Draye (Hanotiau & van den Berg / KU Leuven) and Emma Van Campenhoudt (The Belgian Centre for Arbitration and Mediation )/November 19, 2019January 16, 2020 /Leave a comment

Located in the heart of Brussels, Europe’s capital and home to international organisations such as NATO, CEPANI, the Belgian Centre for Arbitration and Mediation, was founded on 25 September 1969. At that time, Belgium had just acceded to the Geneva Convention and was exploring ways to update its obsolete legal arbitration framework. Much has changed…

Arbitration, BIT, International arbitration, Investment Arbitration, ISDS, ISDS Reform, Multilateral Investment Court

The Future of ISDS: Can’t See the Wood or the Trees

Maarten Draye (Hanotiau & van den Berg / KU Leuven) and Emily Hay (Hanotiau & van den Berg)/February 20, 2019February 12, 2019 /Leave a comment

On 22 November 2018, the Belgian Ministry of Foreign Affairs, Foreign Trade and Development Cooperation hosted a High Level Event on the Reform of Investment Protection. Distinguished panellists from arbitral institutions, international organisations, academia, civil society, arbitration users and legal practitioners presented diverse views on the need for reform of the system of investor-State dispute…

Arbitration, Arbitration Awards, Arbitration Proceedings, Belgium, CAS arbitration, International arbitration

Brussels Court Holds Arbitration Agreement in FIFA Statutes Invalid: Final Call or Half-Time Whistle for CAS Arbitration in Sports Disputes?

Maarten Draye (Hanotiau & van den Berg / KU Leuven) and Benjamin Jesuran (Hanotiau & van den Berg, Brussels)/October 20, 2018October 18, 2018 /Leave a comment

The authors write this contribution strictly in their own name. Most arbitration laws require parties to identify in their arbitration agreement the “defined legal relationship” for which they wish to submit disputes to arbitration. Nonetheless, this requirement has given rise to little case law in practice. In a judgment of 29 August 2018 (“Judgment”), however,…