LIECHTENSTEIN Law and Practice Contributed by: Christoph Bruckschweiger, Benedikt König, Philipp Benda and Magdalena Marxer-Friedrich, paragraph 7
authority of the Liechtenstein Chamber of Commerce and Industry. Liechtenstein can serve as an attractive place of arbitration due to its political neutrality and central location. However, many proceedings are conducted under the auspices of the Swiss Arbitration Centre or the Vienna International Arbitration Centre. These regional institutions are frequently chosen by parties due to their geographical proximity and significant legal similarities to the Liechtenstein system. 3.6 Length of Proceedings There is no applicable information in this jurisdiction. 3.7 Regulation of Arbitration The primary legal framework for arbitration in Liech- tenstein is set out in the Code of Civil Procedure (ZPO), which is aligned with the UNCITRAL Model Law on International Commercial Arbitration. Furthermore, Liechtenstein has ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This ratification guarantees that arbitral awards rendered in the Principality are enforceable globally, while also providing a clear mechanism for the enforcement of foreign awards The Liechtenstein Code of Civil Procedure provides specific mechanisms for state courts to support and safeguard the arbitral process. Parties retain the right to apply to the Princely Court of Justice for interim injunctions both before and during arbitral proceed- ings. This power of the state court remains independ- ent of the parties’ agreement to arbitrate, ensuring that urgent provisional relief is available even when an arbitral tribunal has not yet been constituted or lacks the power to enforce such measures. Judicial Assistance State courts also provide essential judicial assistance for procedural acts that fall outside the arbitral tribu- nal’s coercive powers. Such intervention is strictly secondary and requires a formal request from the arbitrators or a party with the tribunal’s prior consent. within the jurisdiction. 3.8 Court Powers Interim Relief
This mechanism allows the court to execute measures like compelling witness testimony or requesting inter- national assistance from foreign authorities, ensuring the efficiency of the proceedings while respecting the principle of minimal judicial interference. Enforcement The Princely Court also plays a crucial role in the enforcement of arbitral awards. According to the Code of Civil Procedure, the enforcement of foreign awards is governed by the provisions of the Enforcement Act, in conjunction with the New York Convention. This framework ensures that the state courts provide the necessary coercive power to execute awards, while limiting their intervention to a formal review of the award’s validity and compliance with public policy. 3.9 Court Intervention Apart from the assistance regarding interim relief, judicial assistance, and enforcement mentioned in 3.8 Court Powers , arbitral awards may be challenged before the state courts. Such intervention is limited to instances of significant procedural errors, such as the invalidity of the arbitration agreement, violation of the right to be heard, or where the award exceeds the tribunal’s jurisdiction or infringes Liechtenstein public policy (ordre public). 3.10 Relief In Liechtenstein, arbitral awards are generally final and binding, yet they remain subject to a limited form of judicial review through an action to set aside the award. This procedure is handled by the state courts and does not allow for a full review of the merits, the facts, or the application of the law. The objective is to balance the autonomy of the arbitration process with the need for basic legal oversight. Such judicial inter- vention is strictly limited to cases involving significant procedural errors, such as a violation of the right to be heard, or where the award fundamentally infringes upon Liechtenstein’s public policy.
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