Settlement AgreementSettlement Agreement • August 10th, 2020
Contract Type FiledAugust 10th, 2020A Settlement Agreement (“dading/transaction”) within the meaning of article 2044 et seq. of the Belgian Civil Code is by its very nature very much an ad hoc agreement that is difficult to standardise. However, certain elements are common to every type of Settlement Agreement and are summarised in the model that appears below. Moreover, a brief (“conclusie/conclusion”) requesting the court to take formal note of the fact that the Parties are discontinuing pending proceedings (“afstand van geding/désistement d’instance”) and/or waiving their right of action (“afstand van rechtsvordering/désistement d’action”) is customarily attached to a Settlement Agreement that resolves a dispute pending before a court of law. The brief must be in the language of the proceedings (Dutch or French) and is commonly drafted and submitted by a lawyer. For these reasons, we have not included a sample brief in this model.