CEPANI, the Belgian Centre for Arbitration and Mediation, has issued new Arbitration Rules entering into force on 1 June 2026, building on the modernisation achieved in the 2020 revision with the core objective of delivering a clearer, more efficient dispute resolution framework. Below is an overview of what we consider to be the five most noteworthy changes.

Embedding ADR and Mediation in the Arbitral Process

The 2026 Rules formally embed mediation at every stage of the arbitral process. The request for arbitration must now include any proposal by the claimant to submit all or part of the dispute to mediation, including under the CEPANI Mediation Rules. The respondent must accept, comment on, or — in the absence of such a proposal — make its own mediation proposal. Where the parties agree to mediate, the arbitral proceedings are suspended until the mediation has ended.

The Arbitral Tribunal may also encourage settlement at any stage of the proceedings and may order mediation on its own initiative, provided the parties agree. Where a settlement is reached after transmission of the file, it may be recorded in the form of a consent award if the parties so request and the Tribunal agrees.

Mediation is thus transformed from a contractual add-on into an integral feature of the CEPANI arbitral process.

Clarifications and Process Efficiency

The provisions on multiparty proceedings — consolidation, intervention and joinder — have been restructured and supplemented with more granular criteria, offering greater predictability and reducing the scope for procedural disputes.

The Arbitral Tribunal now decides, after consulting the parties, whether hearings shall be held physically, by videoconference, or by any combination of methods — codifying post-pandemic best practices. The definition article has also been expanded to include a definition of the “Arbitral Secretary”, reflecting the new guidelines discussed below.

Diversity and Inclusion

Under the 2020 Rules, the Appointments Committee or the President was required to consider the availability, qualifications and ability of prospective arbitrators — but no more. The 2026 Rules expressly add considerations of diversity and inclusion to the appointment and confirmation process.

This builds on the foundation laid in 2020, when CEPANI — as a signatory to The Pledge — made its Rules gender-neutral. The 2026 revision takes that commitment further by institutionalising diversity considerations and adopting neutral and inclusive language throughout.

Digital Proceedings — With a Word of Caution

The 2026 Rules permit the Arbitral Tribunal to render an award solely in electronic form, signed with a qualified electronic signature within the meaning of Article 3(12) of Regulation (EU) No 910/2014 (the eIDAS Regulation), provided all parties expressly agree. In such cases, the Secretariat communicates the award by email.

A word of caution is warranted. Whilst an electronically signed award is in principle enforceable in Belgium and across the European Union, some jurisdictions — particularly those requiring wet-ink signatures under the New York Convention — may not recognise it. Parties and tribunals are well advised to consider the enforcement landscape before opting for a purely electronic award, especially where assets are located outside the EU.

Guidelines on the Use of Arbitral Secretaries

The 2026 Rules introduce a new Schedule IV setting out detailed guidelines on the use of Arbitral Secretaries — a topic previously unregulated under the CEPANI framework. The Arbitral Secretary may be a member of the law firm or organisation of the sole arbitrator or the chair, or an external person without connection to the Tribunal.

The guidelines make clear that the Arbitral Secretary is not an arbitrator and may not take part in the Tribunal’s decision-making. The Tribunal may not delegate its decision-making power to the Arbitral Secretary, nor does the appointment relieve the Tribunal from personally reviewing the file, procedural documents and awards.

On remuneration, all fees and expenses of the Arbitral Secretary are deemed included in the fees of the sole arbitrator or the chair, unless the parties expressly agree to bear the Secretary’s justified reasonable disbursements for travel to a hearing or meeting.

Conclusion

The 2026 revision reinforces CEPANI’s position as a modern, forward-looking arbitral institution, attentive to fairness, efficiency and the values underpinning contemporary arbitration. Parties and practitioners choosing CEPANI arbitration after 1 June 2026 will find a leaner, clearer and more versatile set of rules — ready for the decade ahead.