Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Admiralty and maritime law in Belgium covers shipping, inland navigation, carriage of goods and passengers, vessel arrests, collisions, salvage, marine insurance, crew employment, environmental liability, and related commercial disputes. Although Woluwe-Saint-Pierre - Sint-Pieters-Woluwe is an inland municipality of the Brussels-Capital Region, residents and businesses often interact with the maritime and inland navigation sectors through the Port of Brussels and the seaports of Antwerp, Zeebrugge and Ghent. Claims can arise from international sea carriage, inland waterway transport on the Brussels-Charleroi Canal and Scheldt basin, logistics chains, freight forwarding, yacht ownership, and passenger travel by ferry or river cruise.
Belgium has a modernized maritime framework, combining national legislation with international conventions and European Union rules. Disputes are typically handled by the Enterprise Courts, with a specialized maritime chamber in Antwerp, while arrests and urgent measures may be brought where the vessel or debtor assets are located, including Brussels for inland vessels and assets situated there.
Individuals and companies seek maritime counsel for a range of situations. Cargo interests may face damaged or lost goods, short delivery, or delay after sea or inland carriage. Shipowners and operators may need to arrest a debtor vessel or defend an arrest, respond to collisions or groundings, manage salvage or general average, or limit liability after an incident. Shippers and logistics providers can encounter disputes over bills of lading, charter parties, multimodal transport arrangements, or port logistics services. Passengers may have injury or itinerary disruption claims. Seafarers and inland crew may need advice on contracts, wages, medical care, and repatriation. Yacht buyers and financiers often require contract drafting, registration, and mortgage advice. Insurers and P&I clubs regularly handle coverage and recovery disputes.
Because maritime claims are time sensitive and often cross-border, a lawyer helps secure evidence quickly, select the right forum, comply with short limitation periods, consider arrest options, and coordinate with insurers and surveyors. In Brussels and Woluwe-Saint-Pierre - Sint-Pieters-Woluwe, bilingual procedure and interaction with EU law add layers where local counsel is valuable.
Belgian Maritime Code. Belgium overhauled its maritime law with a modern Belgian Maritime Code that entered into force in 2020. It brings together rules on ships, carriage of goods by sea, charter parties, collision, salvage, general average, marine insurance, limitation of liability, and many procedural aspects such as arrest and evidence preservation.
International conventions. Belgium applies key maritime conventions, including the Hague-Visby Rules on carriage of goods by sea, the 1952 Arrest Convention on ship arrest, the Collision Convention, the Salvage Convention, and the Limitation of Liability for Maritime Claims regime as updated by subsequent protocols. For oil pollution, Belgium implements the civil liability and fund conventions and the Bunker Convention. Navigation safety follows COLREGs. For inland navigation, Belgium is party to the CMNI Convention governing carriage of goods by inland waterways.
Inland navigation and Port of Brussels. The Brussels-Capital Region hosts the Port of Brussels, an inland port with its own police and port regulations. Belgian and regional rules regulate navigation, safety, berthing, and cargo handling on inland waterways. Inland vessels and their cargoes can be subject to arrest and conservatory measures within Brussels where jurisdictional requirements are met.
Jurisdiction and applicable law. EU instruments such as Brussels I Recast guide jurisdiction and judgment enforcement in civil and commercial matters, while Rome I and Rome II help determine applicable law for contracts and torts. Forum selection and arbitration clauses in bills of lading and charter parties are generally respected if valid. Specialized maritime competence is concentrated at the Antwerp Enterprise Court, but Brussels courts can be competent depending on the defendant, the place of damage, the location of assets, or contractual clauses.
Arrest and security. Belgium permits conservatory arrest of sea-going ships and inland vessels for maritime claims. An arrest is possible where the vessel or assets are located, including the Port of Brussels. Counter-security may be required. Release commonly occurs against a bank guarantee, P&I letter of undertaking, or other acceptable security.
Limitation periods. Maritime claims often face short time limits. Cargo claims under the Hague-Visby Rules typically must be brought within one year. Inland carriage under CMNI also uses a one-year period in many cases. Collision and salvage claims can have specific two-year periods. Belgian tort claims can have longer general limits. Precise deadlines depend on the claim type and applicable law, so early advice is important.
Seafarers and crew. Belgium has implemented the Maritime Labour Convention 2006, with requirements on employment terms, wages, hours, medical care, repatriation, and safe working conditions. Inland navigation crew are protected by labor and social security rules applicable to their sector.
Compliance and environment. Operators must comply with EU and Belgian safety, pollution prevention, waste reception, and emissions monitoring rules. Casualty response can engage multiple regimes, including compulsory insurance, reporting duties, and public authority interventions.
Language and procedure in Brussels. Proceedings in Brussels can be in French or Dutch subject to language rules. Contracts often choose English, but court filings follow the official language of the proceeding. Certified translations may be needed.
Belgian Enterprise Courts hear commercial and maritime disputes. The Antwerp Enterprise Court has a specialized maritime chamber and hears many shipping cases. Depending on the parties, contract clauses, the location of the vessel or assets, or where the loss occurred, a case may also be brought before the Brussels courts. A lawyer will assess jurisdiction strategically under EU and Belgian rules.
Yes, if the debtor owns or operates a vessel or other attachable assets located within the Port of Brussels or elsewhere in Belgium, a conservatory arrest may be possible for a maritime claim. The court can order arrest quickly, often without prior notice to the debtor. The vessel may be released against acceptable security, such as a bank guarantee or a P&I letter of undertaking.
For sea carriage under the Hague-Visby Rules, the standard limitation period is one year from delivery or when delivery should have occurred. For inland waterway carriage under CMNI, the time bar is often one year. Contractual terms or different regimes can alter this. Do not wait, because missing a short deadline can end your claim.
You should verify title, encumbrances or maritime mortgages, registration, VAT and customs status, seaworthiness and survey reports, and insurance. A tailored sale-purchase contract should address delivery, risk transfer, condition, representations, governing law, and dispute resolution. If you keep the yacht in Belgium or crew it, you must comply with local safety and crewing rules.
Belgian law and the Maritime Labour Convention provide protections on medical care, sick pay where applicable, and repatriation. Termination clauses must comply with mandatory standards. Act quickly to preserve wage and benefit claims and collect medical and contract documentation.
Liability is governed by Belgian law and relevant conventions, including the Collision Convention, with navigation conduct guided by applicable inland navigation rules. Time limits can be short, frequently two years for collision claims. Evidence preservation and prompt expert surveys are essential.
Belgian law allows shipowners and certain parties to limit liability for specific maritime claims under the international limitation regime. Whether you can limit depends on the claim type, your role, and whether conduct breaks the right to limit. Courts determine the fund and distribution if limitation is established.
Keep the bill of lading or waybill, booking notes or charter party extracts, commercial invoice and packing list, survey reports, notices of loss, photographs, delivery receipts noting exceptions, correspondence, and insurance policy details. Notify carriers and insurers promptly and consider appointing a surveyor immediately.
Belgian courts generally uphold valid arbitration and jurisdiction clauses, subject to mandatory rules and consumer protections where relevant. In cargo claims, conventions and EU rules can affect enforceability. A lawyer will assess whether to challenge or rely on the clause and any tactical options, including arrest to obtain security while arbitrating.
Passenger rights depend on the contract, route, and applicable regimes. Sea passenger claims may be subject to special liability rules and short time limits for notice and litigation. Inland passenger transport has its own framework. Seek medical care, document the incident, notify the carrier in writing, and consult counsel quickly.
Federal Public Service Mobility and Transport - Directorate General Shipping for ship registration, safety, and seafarer matters.
Port of Brussels - port regulations, berthing, and operational guidance for inland navigation within the Brussels-Capital Region.
Enterprise Courts of Brussels and Antwerp - commercial courts handling maritime and transport disputes, with a specialized maritime chamber in Antwerp.
Belgian Maritime Law Association - professional body fostering the development of maritime law and practice.
Federal Public Service Economy - information on commercial practices, insurance, competition, and consumer aspects that may intersect with maritime activities.
European Maritime Safety Agency - guidance on safety, pollution prevention, and EU maritime initiatives.
Central Commission for the Navigation of the Rhine and UNECE inland navigation materials - technical and legal standards that influence European inland waterway navigation.
Local Bar Associations in Brussels - French-speaking and Dutch-speaking Bars for lawyer referrals in maritime and transport law.
Act promptly. Maritime and inland navigation claims often have strict deadlines measured in days or months. Early advice can preserve rights and secure evidence.
Gather documents. Collect contracts, bills of lading or waybills, emails, notices, photos, survey reports, crew agreements, medical records, and insurance policies. Note dates and contacts.
Preserve evidence. Send immediate written notice to carriers or counterparties, arrange independent surveys, and request CCTV or VDR data preservation if relevant.
Assess venue and security. Discuss with counsel where to file, whether to arrest a vessel or attach assets in Brussels or another Belgian port, and what security can be offered or demanded.
Coordinate with insurers. Notify your cargo, hull, liability, or P&I insurer without delay and follow policy conditions to avoid coverage issues.
Choose the right lawyer. Select counsel experienced in Belgian maritime and inland navigation law, comfortable with cross-border work, and able to operate in French, Dutch, and English as needed.
This guide is informational only. Laws change and outcomes depend on facts. For tailored advice in Woluwe-Saint-Pierre - Sint-Pieters-Woluwe, consult a qualified Belgian maritime lawyer.
