Mr Alexander Hansebout

Alexander Hansebout

Lawyer biography

Born in Brugge, 1977; Admitted, 2001, Brussels.

Practice Areas:

Litigation

Education:

University of Leuven (Lic. Jur., 2000); University of Stellenbosch, South-Africa (International Exchange Programme, 1999); Aston Business School, UK (M.Sc. in International Business, 2001).

Languages:

Dutch, French and English.

Professional Activities:

  • Member of the International Bar Association (IBA) (Dispute resolution Section and International Sales, Franchising and Product Law Section)
  • Member of Cepani40 (an association of young arbitration practitioners, operating under the Belgian Centre for Arbitration and Mediation (Cepani-Cepina)
  • Member of ASA Below 40 (young arbitration practicioners of L'association Suisse de l'Arbitrage)
  • Member of the Association for International Arbitration (AIA)
  • Deputy member of the legal commission of the Belgian Franchise Federation (BFF/FBF)

Market Recognition:

  • Legal 500: 2012 - Dispute Resolution
  • Chambers Europe: 2012 - Dispute Resolution

Recent publications:

  • "Tandeloze Belgische concessiewet vraagt Europees initiatief", De Juristenkrant, 12 oktober 2011, 16
  • "De vijftigjarige Alleenverkoopwet: een tandeloos oud vrouwtje of een dynamische jongedame?", RW 2011-12, 422
  • "De contractuele en IPR aspecten van de commissieovereenkomst", TFR 2011, 284
  • "De wet precontractuele informatie en arbitrage" ("The Act regarding Pre-contractual Information and Arbitration”), RABG 2011, 313 (noot)
  • "De alleenverkoopwet en arbitrage" (The Sole Distribution Act and arbitration"), RABG 2011, 306 (noot)
  • "De internationale dimensie van het beslag onder derden" ("The International Dimension of the Attachment of Debts"), RABG 2010/18, 1211 (noot)
  • “De tenuitvoerlegging van een ‘vernietigde’ buitenlandse arbitrale sententie onder het Verdrag van New York” ("The enforcement of an ‘annulled’ foreign arbitral award under the New York Convention"), T.B.H. 2009/10, 1003.
  • "Towards a Collective Actions Procedure from a Belgian Perspective" (May 2008), accessible via http://www.businesslawnet.eu.
  • “De wet van 6 april 2008: over onbeslagbaarheid en aasgierfondsen” ("The statute of 6 April 2008: on inalienability and vulture funds"), R.W. 2008, 595.
  • "Interest on the commercial agent’s goodwill indemnity", (noot onder Antwerpen 12 maart 2007 en Brussel 9 mei 2007), R.W. 2008-09, 152.
  • "Goodwill compensation for distributors in the EU", International Sales Newsletter, International Bar Association, September 2007, p. 28 (with A. Park and J.A. Moreno Campos)
  • "De aansprakelijkheid van de vereffenaar en de curator voor de belastingschulden van de vennootschap" (The receiver's and the liquidator's liability for fiscal debts of the company), T.F.R. 2007, 815 (with B. Heynickx)

Updates

Company & Commercial

Pre-contractual information obligations: frequently asked questions
Belgium | 03 December 2012

The Pre-contractual Information in the Framework of Commercial Cooperation Agreements Act 2005 protects the economically weaker party in certain commercial partnership agreements. Although this legislation is not unique, it often gives rise to surprise, disbelief and specific questions.

Fiftieth anniversary of the Distribution Act
Belgium | 28 March 2011

The Unilateral Termination of Exclusive Distribution Agreements of Indefinite Duration Act will soon celebrate its 50th anniversary. The act grants Belgian distributors significant protection against unwanted or early termination of distribution agreements. However, since the act became law, the protection it offers to distributors has gradually been eroded.

UNIDROIT factoring convention: government intervenes on 'no assignment' clauses
Belgium | 20 December 2010

The UNIDROIT Convention on International Factoring is in force in Belgium. It governs the assignment, by a supplier to a factor, of receivables arising from commercial contracts for the sale of goods (including the supply of services) between the supplier and its customers. Although its regime is largely uncontroversial, one aspect - the overruling of 'no assignment' clauses - has been the subject of a government declaration.

Landmark Supreme Court decision on hardship under CISG
Belgium | 29 March 2010

The Supreme Court has ruled that circumstances which were not reasonably foreseeable at the time of the conclusion of an agreement and which increase the burden of the agreement disproportionately can, in certain circumstances, be considered an 'impediment' within the meaning of Article 79 of the UN Convention on Contracts for the International Sale of Goods.

Distribution agreements: termination and its pitfalls
Belgium | 08 June 2009

Belgium is unusual in having a specific legal regime for the termination of certain distribution agreements. Foreign manufacturers often view the law as over-generous to distributors, especially when facing substantial claims before a Belgian court, but understanding the scope and effect of the law when drafting an agreement can prevent a manufacturer from being caught out.

Insolvency & Restructuring

Changes to insolvency regime proposed
Belgium | 12 May 2017

The government recently undertook steps to modernise and broaden its insolvency legal framework and submitted a proposal to Parliament intended to introduce a new chapter to the Code of Economic Law. The proposal will update the Bankruptcy Act and the Business Continuity Act. The government proposal will be discussed in Parliament in the coming weeks and could be accepted before the summer recess.

Insolvency in franchising relationships
Belgium | 17 February 2017

Franchisees are often unable to fulfil their payment obligations. The special cooperative relationship between a franchisor and its franchisee usually leads to negotiations and contractual agreements between the parties regarding the repayment of accumulated debts. However, the franchisee may still become insolvent. A key question is whether showing leniency in the context of insolvency proceedings will be beneficial or detrimental to a franchisor.

Reorganisation proceedings: access and possibilities
Belgium | 02 December 2016

The Business Continuity Act of January 31 2009, amended in 2013, provides for specific (court-supervised) restructuring proceedings, during which the company (or debtor) is protected against its creditors' claims so that it can reorganise its business. For debtors, one of the act's major advantages is its 'open-gate' approach. In essence, this approach means that court protection is granted if the company's continuity is threatened and the debtor files a request in this regard.

Reservation of title: legal guidelines and practical tips
Belgium | 16 September 2016

Suppliers are often surprised by their customers' insolvency and only at that moment discover that the goods that they delivered are unpaid. Even when a reservation of title has been inserted into the contract, the repossession of goods can be difficult in practice. Measures that can help the recovery process include ensuring that a reservation of title clause is clearly drafted and that each single good is identifiable.

Broadening scope of insolvency legislation
Belgium | 01 July 2016

Historically, Belgian insolvency legislation has applied only to entities involved in commercial activities. However, recent jurisprudence and upcoming legislative changes will result in important amendments that are intended to broaden the scope of existing legislation. As a result, entities that are involved in commercial or entrepreneurial activity will be eligible to benefit from bankruptcy legislation.