Paul Lefebvre, partner at Jansen Lefebvre, obtained from the Belgian Supreme Court the quashing of a judgment rendered by the Brussels Court of First Instance which annulled an award delivered by an (investment) arbitral tribunal with seat in Brussels which had condemned the Republic of Poland for the handling by its Supreme Court of cases in which Polish purchasers of apartments were judged differently compared to a US insurance company.
The Supreme Court held that, when supervising whether or not the public policy had been violated, the Belgian judge must, on top of said examination of the existence of a breach of public policy, also examine the impact of such violation on the Belgian legal order. As this twostep reasoning was not followed by the Brussels annulment judge, his judgment was quashed.