LIECHTENSTEIN Law and Practice Contributed by: Christoph Bruckschweiger, Benedikt König, Philipp Benda and Magdalena Marxer-Friedrich, paragraph 7
6. Interim Remedies 6.1 Availability of Interim Relief
6.5 Interim Injunctions The main types of interim relief are outlined in 2.6 Interim Relief . 6.6 Summary Judgment In Liechtenstein, there is no direct equivalent to “sum- mary judgment” as found in common law jurisdictions. However, the Code of Civil Procedure provides for several mechanisms to resolve disputes without a full trial. For monetary claims, a plaintiff can initiate a pay- ment order procedure ( Schuldentrieb - und Rechts- botverfahren ), where the court issues an order based solely on the written claim. If the defendant does not file an objection within 14 days, the order becomes a final and enforceable judgment without a trial. Additionally, a claim can be disposed of through a default judgment ( Versäumnisurteil ) if one party fails to participate in the proceedings, or a judgment by confession ( Anerkenntnisurteil ) if the defendant admits the claim. Furthermore, a defendant may apply for the early dismissal of a claim if it is manifestly inconclusive ( unschlüssig ) or lacks essential procedural require- ments, such as court jurisdiction. In cases where only a specific part of a claim is ready for a decision, the court may also issue a partial judgment ( Teilurteil ) to streamline the remaining proceedings. 7. Mass Claims and Class Actions 7.1 Procedural Mechanisms There are no specific rules governing class actions in Liechtenstein. In consumer protection laws, specific associations may bring a claim against terms and conditions of businesses which are to the detriment of consumers. 7.2 Standing Requirements A claimant must be fully entitled to enforce the right in question; otherwise, the claim will be dismissed for lack of standing ( Aktivlegitimation ). Only in cer- tain circumstances, such as where a claim has been assigned or the disputed right has been transferred
The primary types of interim relief are outlined in 2.6 Interim Relief . In particular, the security of monetary claims ( Sicherungsbot ) and security of non-monetary claims (“official order”, Amtsbefehl ) serve as a key measure under Liechtenstein law to secure a credi- tor’s position. 6.2 Interim Relief to Support Arbitration and ADR As outlined in 3.8 Court Powers , granting interim injunctions is one of the key powers of state courts to support arbitration. However, this judicial assistance does not extend to other types of ADR. 6.3 Timing of Applications for Interim Relief Interim injunctions can be issued upon application before, during, or even within enforcement proceed- ings to safeguard a claimant’s rights. The primary purpose of interim relief is to secure the creditor’s position for future execution. It ensures that neither the debtor’s conduct nor adverse circumstanc- es frustrate the creditor’s ability to satisfy their claim once an enforceable title is obtained. To be effective, such relief should be issued and enforced with the utmost speed. 6.4 Security for Costs In contentious proceedings (but not in non-conten- tious matters), the defendant may, before materially entering the proceedings, apply for security for costs if they are sued by a party not domiciled in Liechten- stein, Switzerland or Austria (jurisdictions where deci- sions of the recovery for costs of the Liechtenstein courts can be enforced based on respective treaties) or by a Liechtenstein legal entity that fails to demon- strate sufficient assets to cover the anticipated litiga- tion costs. To be exempt from this requirement, such assets must be of a stable nature, such as real estate located within Liechtenstein. Consequently, security in the amount of the estimated court and attorney fees may be required due to the risk of a cost award being unenforceable.
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