Dispute resolution and attachment

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In the event of a dispute, our lawyers will guide you through the entire process of reaching a resolution, whether through amicable means or through the courts.

Our approach to disputes: focus on solutions

Analysis

During a first stage, we analyze the dispute. At this stage, we will collect all relevant documents (agreements, invoices or correspondence) to legally assess the dispute.

This preparation is done in close consultation and forms the basis for a strong strategy. Depending on our analysis and the compiled file, we determine the further course of action together.

1

Amicable resolution or alternative dispute resolution

We review with (the attorney for) the other party to reach a resolution.

If necessary, an alternative dispute resolution method may be initiated such as mediation. In other scenarios, one may choose to file a complaint with an ombudsman or regulatory body.

2

Defense in court

If an out-of-court resolution is not possible, our lawyers defend your interests in court. In a court case, each party sets out their arguments and claims through their briefs. The case is then argued, after which the court will render a verdict.

3

Compliance with the judgment

After the verdict, we advise you on the possible next steps.

In some cases, an appeal is filed first.
In other cases, the convict must already comply with the sentences in the judgment. If this is not done voluntarily, the opposing party can enforce compliance through an executive attachment or through penalty payments.

3

Our litigation services

Corporate & partnership disputes

Our lawyers advise you in business and corporate disputes, ranging from contractual disputes with suppliers or customers to shareholder disputes, directors’ liability or acquisition disputes.

Real Estate Disputes

We regularly act in real estate disputes and do so for developers, real estate funds, owners, buyers, tenants and other affected parties.

Our services include advice in disputes involving rights in rem (pre-emption rights, ownership, co-ownership, leasehold, superficies, easements, condominium rights, etc.), personal rights (preferential rights, purchase options, sale options, etc.), leases and contracting and construction matters.

Banking and financial disputes

We assist both financial institutions and banking clients in financial disputes.

We handle disputes arising from loan and credit agreements (loan cancellations, reinvestment fees, interest rate increases, etc.), mortgage foreclosures, collateral, personal collateral, asset management or compliance issues such as MiFID (European Investment Directive), among others.

Employment & HR

We represent companies, managers and executives alike. We do so in cases involving dismissal, discrimination in employment relationships, competition during and after employment, and the dismissal of protected employees.

Liability & insurance disputes.

You can contact us for advice and guidance on personal injury, water and fire damage, construction and contracting, government liability, medical liability as well as road traffic and criminal defense following traffic violations.

Seizure and foreclosure disputes

Finally, you can come to us for disputes concerning

Seizures made
Example: someone seizes property belonging to another person.
Selling the goods after an attachment
Example: a buyer wants to buy the goods privately.
Distribution of sale proceeds among creditors
Example: the claims or privileges of certain creditors are disputed.
Penalty payments
Example: a party disputes that penalty payments have been forfeited.

Case studies

Our attorneys have extensive experience in dispute resolution. Below are some examples of how we have supported entrepreneurs in the past:

1

Shareholder conflicts

In conflicts, some shareholders want to sell their shares or are forced to do so by other shareholders.

Our lawyers ensure that shares are sold at the right price, that shareholder loans are repaid or transferred, and that securities provided by the departing shareholder(s) are released.

2

Directors’ liability

When a director fails to perform his duties or fails to perform them properly, he may be sued by the company or by a creditor of the company who has suffered damages as a result.

Our lawyers regularly act in such director liability disputes.

3

Contractual disputes with customers or suppliers

When a supplier delivers late or the cooperation with a customer does not run in accordance with the agreement, we guide you in enforcing your rights.

4

Liability and insurance

After water damage or a traffic accident, we advise you in obtaining the compensation you are entitled to, even if the insurer initially refuses to pay out.

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Frequently asked questions about dispute resolution and attachment

How does attachment and enforcement law work in Belgium?2026-05-04T14:41:08+02:00

How does attachment and enforcement law work in Belgium?

When a counterparty fails to pay or fulfill its obligations, attachment and enforcement law can be invoked. In Belgium, the procedure is as follows:

Writ of summons
The writ of summons is delivered to the opposing party through a bailiff, requesting the other party to appear in court.
Preliminary hearing
The first session is a preliminary hearing in which the further course of action is decided. In this, several scenarios are possible.
- Exchange of arguments
  If the claim is contested, a calendar is set for exchanging written trial briefs with each party’s arguments. After this step, the case can be argued.
- Short procedure
  In certain cases, the case may be argued at the preliminary hearing. This occurs when the claim is uncontested, requires only brief debates or when claiming injunctive relief.
- Default judgment
  If the opposing party is absent, a judgment be rendered in the defendant’s absence (“default”).
Judgment
The court usually rules within the month after the case was argued.

Are proceedings in Belgium always public?2026-05-04T14:41:10+02:00

Are proceedings in Belgium always public?

Most proceedings in Belgium are public and can be attended. Judgments of courts and tribunals are also rendered in public sessions. In exceptional cases, a hearing may take place behind closed doors.

The judgments are also published, after anonymizing certain personal data. However, there is no publicly accessible database in which all judgments are systematically recorded.

Because this public nature is sometimes undesirable (e.g., reputational damage), some parties choose arbitration. Such arbitration hearings and awards are not public.

Does the losing party reimburse the opposing party’s attorney fees in court proceedings?2026-05-04T14:41:15+02:00

Does the losing party reimburse the opposing party’s attorney fees in court proceedings?

The court also rules on the costs of the proceedings in a final judgment. As a starting point, the losing party is ordered to:

court costs (e.g., court fees)
a litigation fee to cover (in part) the winning party’s legal fees.

These amounts are set by law and are indexed annually.

How does an attachment procedure work in Belgium?2026-05-04T14:41:20+02:00

How does an attachment procedure work in Belgium?

An attachment procedure consists of several steps.

The bailiff carries out the attachment.
An executory attachment involves the forced sale of property.
In debt collection, assets are collected from the debtor of the debt on which the attachment was made.
The forced sale of movable assets is done through the bailiff, real estate through the notary. This sale is usually done publicly. In recent years, it is increasingly taking place through an online auction instead of a physical sale hearing.
Finally, the funds are distributed by the bailiff or notary among the various creditors, not just the creditor who carried out the attachment.

When can I claim penalties?2026-05-04T14:41:24+02:00

When can I claim penalties?

For obligations other than of the payment of money (e.g., the performance of works or the delivery of goods), a court may impose a penalty payment.

A penalty payment is intended to provide the losing party with additional incentives to comply with the judgment, otherwise there will be financial consequences.

What does alternative dispute resolution entail?2026-05-04T14:41:28+02:00

What does alternative dispute resolution entail?

Alternative dispute resolution refers to resolving a dispute outside of court. This can be done through:

Mediation: a neutral mediator helps the parties find an agreement. This is often faster and usually less expensive than litigation.
Arbitration: the parties submit their conflict to one or more arbitrators. The award is binding, just like a judgment.
Ombudsman or regulator: in certain sectors, you can complain to an external body.

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