Arbitration | Litigation
About
Maarten Draye specializes in complex litigation and arbitration. A member of the Brussels Bar, he has acted in over 70 arbitrations under leading institutional rules, with experience as both counsel and arbitrator. He further acts as counsel before state courts, including in enforcement and setting aside proceedings.
A frequent speaker and author on arbitration-related topics, Maarten is co-author of the leading English language treatise on arbitration in Belgium and co-editor-in-chief of b-Arbitra, the Belgian review of arbitration. He teaches international commercial arbitration at KU Leuven.
Recognized as a “brilliant advocate and arbitrator” and “one of Belgium’s best arbitration practitioners” (WWL 2022), Maarten combines deep legal insight with a pragmatic and responsive approach.
His full curriculum vitae can be downloaded below
Expertise
Dispute resolution
International arbitration
Commercial litigation
Arbitration-related court proceedings
Enforcement
Strategic advice
Career
Positions
- Hanotiau & van den Berg, Brussels
Partner (2007–2025, partner as of 2019) - KU Leuven, Leuven
Guest Lecturer in International Arbitration (Since 2024) - b-Arbitra – Belgian Review of Arbitration
Co-Editor in Chief (since 2020) - CEPANI, Brussels
Board Member (since 2023) - Brussels Bar School, Brussels
Lecturer in Arbitration (2017–2021) - ICHEC Brussels Management School, Brussels
Lecturer in International Commercial Law and Dispute Resolution (2014–2015) - WilmerHale, London
Intern, Arbitration Department (2007)
Additional Professional Activities
- Working Group for the Revision of the Belgian Arbitration Law – Expert advising the Department of Justice (2021-2024)
- UNCITRAL Working Group II – CEPANI Representative (since 2016)
- CEPANI – Member (since 2014)
- LCIA – Member (since 2017)
- ICC Belgium Commission on Arbitration and ADR – Member (since 2013)
- ICC Commission on Arbitration and ADR – Belgian Representative (2013–2024)
- ITA Board of Reporters – Reporter for Belgium
- ICCA Yearbook – Reporter for Belgium
- Alumni & Friends of the School of International Arbitration – Chair (2010–2025, member since 2008)
Experience
As Arbitrator
- Post M&A – President of the Tribunal in a post-M&A dispute in the meat byproducts sector between the Belgian subsidiary of an international group and Belgian and UK entities (CEPANI – Seat Brussels – Belgian law)
- Post-M&A – President of the Tribunal in a post-M&A dispute in the pharmaceutical sector between a French and a German company (Hamburg Chamber of Commerce Rules – Seat Hamburg – French and German law)
- International Sale of Goods – Sole Arbitrator in dispute between a UAE seller and a French buyer in the electronics sector (ICC – Seat Paris – Dutch law)
- Agency – Sole Arbitrator in a dispute between a Danish principal and a Belgian agent relating to the termination of an agency agreement in the biotechnology sector (CEPANI – Seat Brussels – Belgian law)
- Agency – Sole Arbitrator in a dispute between a German principal and a US agent relating to the termination of the agency agreement in the pharmaceutical sector (ICC – Seat Hannover – German law)
- Post-Settlement – Sole Arbitrator in a post-settlement dispute between a Belgian and a Chinese party under Belgian law in the energy sector (CEPANI – Seat Brussels – Belgian law)
- Services/Banking – Sole arbitrator under in a services dispute between two Belgian entities under Belgian law in the banking and real estate sector (CEPANI – Seat Ghent – Belgian law)
- Post-JV – Sole Arbitrator in a post-JV dispute in the automotive sector between three Belgian entities (CEPANI – Seat Brussels – Belgian law)
- Construction/JV – Co-Arbitrator in a construction-related JV dispute between a German and a Belgian company in the military sector (CEPANI – Seat Brussels – Belgian and US law)
- Emergency Arbitration – Emergency Arbitrator in relation to urgent measures requested by a Belgian entity and individual against the subsidiary of a US multinational in the bunkering sector (CEPANI – Seat Brussels – Belgian law)
- Emergency Arbitration – Emergency Arbitrator in relation to urgent measures requested by a Swiss subsidiary of a Swedish group against and Italian entity in relation to a logistics and distribution contract (ICC – Seat Paris – Swiss law)
As Counsel (Arbitration)
- Construction – Representing a Bulgarian-led consortium against the EU concerning the construction of a courthouse relating to a FIDIC Yellow Book contract (ICC – Seat Brussels – EU and Belgian law)
- Aviation – Representing a Belgian/French aircraft engine maintenance provider against an Indonesian airline in a dispute concerning aircraft engine maintenance (ICC – Seat Paris – New York law)
- Distribution – Representing a UK kitchenware supplier against a Belgian distributor (LCIA – Seat London – English Law)
- Post M&A – Representing a US multinational condiments manufacturer against a group of European and African companies and individuals concerning a post M&A dispute (ICC – Seat Brussels – Belgian law)
- Manufacturing – Representing a Belgian subsidiary of a French group in a dispute against a subsidiary of a Japanese multinational in relation to a supply agreement (CEPANI – Seat Brussels – Belgian Law)
- Defense/Licensing – Representing a US/French JV against a German entity in a licensing dispute in the defense industry (ICC – Seat Brussels – Belgian Law)
- Sports/Licensing – Representing a Belgian entity in a sports related licensing dispute (CEPANI – Seat Brussels – Belgian Law)
- Sports/Corporate – Representing a Belgian entity in an intra-corporate dispute in the sports sector (Belgian Arbitration Court for Sports (BAS) – Seat Brussels – Belgian Law)
- Construction – Representing a German JV against a French JV in a construction dispute (ICC – Seat Luxembourg – Luxembourg law)
- International Sale of Goods – Representing a Hong Kong entity against an Albanian entity in a dispute regarding the international sale of goods (SIAC – Seat Brussels – Belgian (incl. CISG) and Albanian law)
As Counsel (Litigation)
- Setting Aside/Enforcement – Representing a sovereign State in setting-aside and enforcement proceedings in The Netherlands and Belgium regarding arbitral awards rendered in a PCA arbitration under the Energy Charter Treaty
- Engineering – Representing the Belgian subsidiary of a US multinational engineering company against a group of companies concerning a soil remediation dispute before the Belgian Courts under Belgian law
- Enforcement – Securing an attachment for an Israeli distributor against the Belgian principal in support of an ICC Arbitration
- Wholesale & Distribution – Representing a Belgian retail wholesaler against a US food manufacturer in distribution disputes in the Benelux under Belgian and Dutch law before the Belgian and Dutch courts
- Insurance – Representing a UK trade financing company against a Belgian credit insurer in an insurance dispute before the Belgian Courts under Belgian and Danish law
- Setting aside – Representing and advising a Swiss party in setting aside and enforcement proceedings against a Ukrainian party before the Belgian and the Swiss Courts involving Belgian, Swiss and Ukrainian law
- Enforcement – Defending a Belgian subsidiary of a Finnish international group in enforcement proceedings against a Dutch entity under the New York Convention
Publications
Books
- Arbitration in Belgium – A Practitioner’s Guide (Co-editor Niuscha Bassiri), Kluwer Law International, The Hague, 2016, 688 p. www.wolterskluwer.com
Book Chapters
- Chapter “De vernietiging van arbitrale uitspraken naar Belgisch recht”, in W. Vandenbussche et al. (eds.), Arbitrage, bemiddeling en andere vormen van conflictafhandeling” vandaag en morgen, WoltersKluwer, 2023, pp. 141-225 (on setting aside of arbitral awards under Belgian law)
- Chapter “Als wachten geen optie is – urgentiearbitrage” in W. Vandenbussche et al. (eds.), Arbitrage, bemiddeling en andere vormen van conflictafhandeling” vandaag en morgen, WoltersKluwer, 2023, pp. 109-139 (on emergency arbitration)
- Chapter “Abrahammetje spelen in de arbitrage? Bezint voor ge begint – Over procedurele fraude in internationale arbitrage” in D. Matray & E. Van Campenhoudt (Eds.), L’arbitrage et la fraude – Arbitrage en fraude, WoltersKluwer, 2020, pp. 63-114 (on procedural fraud during arbitration proceedings)
- Chapter “No Do-Overs, No Take-Backs? A Belgian Perspective on Res Judicata and Arbitration” in D. De Meulemeester, M. Berlingin, B. Kohl (eds.), Liber Amicorum Cepani 1969 – 2019, Wolters Kluwer 2019, pp. 111-125
- Chapter “The Arbitral Secretary: Unnecessary Nuisance or Unsung Hero – A Practitioner’s View” in W. Van Baren & D. De Meulemeester (eds.), Arbitral Secretaries – Reports from the Joint NAI-CEPANI Colloquium held on October 5, 2017, 2018, Wolters Kluwer, pp. 81-99 (co-author Emily Hay)
- Chapter “Who won it anyway? – the relevance of a discrepancy between amounts claimed and awarded in the allocation of arbitration costs – Commentary on the Interim Final Award in Cepani Arbitration no. 22068”, in X., Collection of CEPANI arbitral awards – Procedural aspects, Brussels, Bruylant, 2015, pp. 52-64
- Chapter “Good things might come to those who wait, but not to those who wait too late – issues surrounding the late submission of new evidence – Commentary on the Second Interim Final Award in Cepani Arbitration no. 22068”, in X., Collection of CEPANI arbitral awards – Procedural aspects, Brussels, Bruylant, 2015, pp. 33-51
- Chapter “Expect the Unexpected – Avoiding Possible Pitfalls in National Arbitration Laws” in C. Müller A. Rigozzi and S. Besson (eds.), New Developments in International Commercial Arbitration 2014, Zurich, Schulthess, 2014, pp. 1-41 (co-author Olivier Caprasse)
- Chapter “Brussels” in M. Ostrove, C. Salomon and B. Shiffman (eds.), Choice of Venue in International Arbitration, Oxford, Oxford University Press, 2014, pp. 15-44 (co-author Pascal Hollander)
- Chapter “Belgium” (2013) in D. Campbell (ed.), Remedies for International Sellers of Goods (2nd edition), New York, Juris Publishing, 2010 (looseleaf), 40 p.
Articles and Blog Posts
- “CJEU’s Advocate-General Calls for a Separate Approach to Forced Arbitration and Pleads for a Full Court Review of CAS for Compatibility with EU Law”, Kluwer Arbitration Blog, 6 March 2025.
- “Advocaat-generaal bij het HvJ EU pleit voor mogelijkheid tot toetsing van arbitrale uitspraken in sportaangelegenheden aan het volledige EU-recht”, TBH/RDC Actualiteit, January 2025 (on EU law and mandatory arbitration/sports arbitration)
- “Belgian courts may not conduct a de novo review of arbitral awards on public policy grounds” (Manchester Securities LLP v Republic of Poland), Lexis Nexis case analysis, August 2024
- Book Review, “L. Demeyere – Hoe commerciële conflicten managen?”, b-Arbitra 2024/1, p. 295
- “Belgium’s Supreme Court Overturns Decades-Old Precedent and Allows Disputes About the Termination of Exclusive Distribution Agreements to Be Settled by Arbitration”, Kluwer Arbitration Blog, 15 September 2023 (co-author Pascal Hollander)
- Country report for Belgium on local requirements for the extension of an arbitration clause to, and enforcement of an arbitral award against, a non-signatory, IBA (International Bar Association), 19 July 2021, available via ibanet.org
- “‘Retour à la case départ !’, ou l’autorisation du juge des saisies comme préalable obligatoire à toute saisie de biens ou avoirs de puissances étrangères, de banques centrales étrangères, et d’autorités monétaires internationales” – note sous Cass. 20 décembre 2019, TBH/RDC 2020/5, pp. 634-642 (co-author Benjamin Jesuran) (on pre-enforcement requirements)
- “CEPANI Celebrates Golden Anniversary with Three Days of Events and a New Set of Arbitration Rules”, Kluwer Arbitration Blog, 19 November 2019 (co-author Emma Van Campenhoudt)
- “The Three Card Trick – Reflections on Third Party Opposition in Arbitration, Arbitrability and the Belgian Arbitration Law’s Transitional Regime in light of CFI Brussels (Fr.), 12 April 2018”, b-Arbitra 2019/1, pp. 117-171
- “The Future of ISDS: Can’t See the Wood or the Trees”, Kluwer Arbitration Blog, 28 February 2019 (co-author Emily Hay)
- “Caught Somewhere in Time – Time Limits for Opposing Enforcement and Seeking Annulment of Arbitral Awards before Belgian Courts”, b-Arbitra 2018/2, pp. 331–353
- “Brussels Court Holds Arbitration Agreement in FIFA Statutes Invalid: Final Call or Half-Time Whistle for CAS Arbitration in Sports Disputes?”, Kluwer Arbitration Blog, 20 October 2018 (co-author Benjamin Jesuran)
- Country Guide on “Belgium” (2018) in P. Hollander & S. Martinez (eds.), IBA (International Bar Association) Arbitration Committee Arbitration Country Guide (co-author Pascal Hollander)
- “A Reason is a Reason and a Time Limit a Time Limit. Or is it?” – The Arbitral Tribunal’s Duty to Provide Reasons and Abide by Applicable Time Limits to render its Award – Reflections on Court of First Instance of Brussels (Fr.) 23 February 2017, b-Arbitra 2017/1, pp. 127-147
- “‘How did it get so late so soon?’ – The Arbitral Tribunal’s Duty to Timely render an Award” – Reflections on Court of First Instance of Antwerp 24 June 2014, b-Arbitra 2015/2, pp. 285-308
- Book Review “Stavros Brekoulakis – Third Parties in International Commercial Arbitration”, b-Arbitra, 2013/1, at p. 190
- Country Guide on “Belgium” (2012) in L. Schaner & D. Arias (eds.), IBA (International Bar Association) Arbitration Committee Arbitration Country Guide, previously available online at www.ibanet.org (co-author Pascal Hollander)
- “Belgium: Brussels Bar Lifts the Traditional Prohibition on Preparatory Contacts Between Attorneys and Witnesses in Arbitration”, Juriste International 2012/2, at p. 49 (co-author, Pascal Hollander)
- “Belgium: Brussels Bar Lifts the Traditional Prohibition on Preparatory Contacts Between Attorneys and Witnesses in Arbitration”, in 29 ASA Bulletin 2011/2, at p. 496 (co-author, Pascal Hollander)
- “Brussels Bar lifts the traditional prohibition on preparatory contacts between attorneys and witnesses”, in Arbitration News – Newsletter of the International Bar Association Legal Practice Division, Vol. 16 No. 1 (March 2011), at p. 80 (co-author, Pascal Hollander)
- “Eureko v. Poland – Brussels Court of Appeal Upholds Dismissal of Poland’s Challenge to Former ICJ President”, in YIAG (Young International Arbitration Group of the London Court of International Arbitration) E-Letter December 2008, previously available at www.lcia.org
