LIECHTENSTEIN Law and Practice Contributed by: Christoph Bruckschweiger, Benedikt König, Philipp Benda and Magdalena Marxer-Friedrich, paragraph 7
not cover all civil matters and explicitly exclude certain types of decisions, such as interim measures or judg- ments issued in insolvency proceedings. The Procedure for Non-Treaty Jurisdictions For judgments from countries without a bilateral treaty (such as the UK, USA, or most EU member states), the judgment cannot be enforced directly. They may be treated as public documents and can therefore facili- tate the assertion of claims. In particular, such docu- ments may serve as the basis for initiating summary proceedings called Rechtsöffnungsverfahren . In these proceedings, the claimant uses the foreign judgment as evidence to request a summary court order. The court reviews the document to determine if the credi- tor has a claim. If the court rules in favour of the claimant, the debtor has 14 days to file an action for annulment ( Aberken- nungsklage ). If an action for annulment is filed, the case proceeds to a full trial. While the foreign judg- ment usually is a powerful evidentiary tool, the court will formally re-examine whether the claim is justified under Liechtenstein law. Arbitral Awards and the New York Convention Liechtenstein has ratified the New York Convention on the Recognition and Enforcement of Foreign Arbi- tral Awards. Consequently, arbitral awards issued in a contracting state are recognised and enforced in Liechtenstein. 9.2 Enforcement of Arbitral Awards Domestic arbitral awards are treated as enforceable titles under the Liechtenstein Execution Act, provided they are final and formally confirmed by the tribunal. For foreign awards, Liechtenstein adheres to the New York Convention, ensuring the recognition and enforcement of awards from all contracting states without a review on the merits ( révision au fond ), subject only to the limited grounds for refusal, which include, according to Article V of the Convention, lack of due process, excess of mandate, and ordre public. If a foreign arbitral award exists, the successful par- ty must apply for a writ of execution together with a request for a declaration that the arbitral award is
enforceable. Additionally, the application must be accompanied by the original award and a certified German translation as well as evidence confirming the seat of the arbitral tribunal. Following a summary review for formal compliance, the court authorises
execution measures. 9.3 Length of Time
If a judgment is directly enforceable in Liechtenstein, the formal enforcement order is typically issued within a few weeks. However, the overall duration also depends on the type of assets involved; the attachment of bank accounts or salary claims is generally swift. Execu- tion against immovable property or physical assets takes significantly longer due to required valuations and public auctions. The court order authorising execution can be chal- lenged by the debtor within a 14-day statutory period. If an appeal is lodged, the proceedings will be extend- ed accordingly. 9.4 Grounds for Resisting Enforcement As explained in 9.1 Enforcement of Judgments , the grounds for resisting enforcement vary depending on whether the decision is a court judgment or an arbi- tral award. For foreign judgments, a party may resist enforcement primarily by invoking a lack of reciprocity, as Liechtenstein generally requires a treaty or a decla- ration of reciprocity (with notable exceptions for Swiss and Austrian judgments). In practice, this requires a formal declaration of reciprocity by the Liechtenstein government; however, no such declaration has been issued to date. Consequently, if a foreign judgment is not directly enforceable, Liechtenstein law provides for an alternative to standard civil proceedings through a simplified procedure, the so-called Rechtsöffnungs - verfahren , as explained in 9.1 Enforcement of Judg- ments . Regarding arbitral awards, Liechtenstein is a signatory to the New York Convention, and enforcement may be resisted only on the narrow grounds set out therein. For example, a party can resist enforcement of arbitral awards in Liechtenstein by arguing that the arbitra- tion agreement is invalid; the party against whom the
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