What is the procedural indemnity (Belgium)?

The procedural indemnity (PI) is a fixed, lump-sum amount that the losing party in a lawsuit must pay to the winning party. It serves as a partial contribution toward the winning party's attorney costs and is set by government tariff — not a reimbursement of actual legal fees. Note that the actual attorney fee can be significantly higher than this tariff-based amount.

The procedural indemnity is not the same as court fees. Court fees include, among other things, the role fee, bailiff costs and any expert costs. The procedural indemnity is separate and relates solely to a contribution toward the winning party's attorney costs.

The procedural indemnity system in its current form was introduced by the Law of 21 April 2007 on the recoverability of fees and costs associated with the assistance of a lawyer. Before this law, the losing party was in principle not liable for the other party's attorney costs. Since then, the procedural indemnity has been a standard cost item that is automatically charged in every judgment.