LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
of Appeal to the Constitutional Court in case of a viola - tion of constitutional rights. That said, if the jurisdiction of the arbitral tribunal has been challenged in the arbitration proceedings and it is not to be expected that the tribunal will render a decision within an appropriate period of time, the parties can challenge the jurisdiction of the tribunal before the Liechtenstein Court of Appeal without hav - ing to obtain an arbitral award first. 5.4 Standard of Judicial Review for Jurisdiction/Admissibility The Court of Appeal is not bound by the findings of the arbitral tribunal when deciding on the questions of admissibility and jurisdiction. 5.5 Breach of Arbitration Agreement If a party commences court proceedings in a dispute that is subject to an arbitration agreement, the ordi - nary courts will reject the claim, provided the defend - ant does not submit to the proceedings on the merits without raising objections against jurisdiction. How - ever, a claim will not be dismissed by the ordinary courts if the arbitration agreement is deemed void or is not capable of being performed. The ordinary courts do not have any discretion in this respect. If a valid arbitration agreement exists, and if a party objects to the jurisdiction of the ordinary court based on the arbitration agreement, then the ordinary court has no choice but to reject the claim for lack of jurisdiction. 5.6 Jurisdiction Over Third Parties According to the Liechtenstein Arbitration Law, arbi - tration clauses in trust deeds or foundation statutes are valid and legally binding. For example, a ben - eficiary that wishes to bring a claim for information against a foundation or a trustee is bound by an arbi - tration clause contained in the statutes/trust deed of the respective foundation/trust even though the respective beneficiary has never agreed to the arbi - tration clause. Further, it has to be noted that Austrian case law has established that both single and universal legal suc - cessors, assignees of a claim or contract, and ben -
eficiaries of contracts for the benefit of a third party are bound by an arbitration agreement even if they are non-signatories. It is likely that Liechtenstein courts would take a similar approach. Thereby, the Liechtenstein Arbitration Law does not distinguish between foreign or domestic third parties in this respect.
6. Preliminary and Interim Relief 6.1 Types of Relief
Under the Liechtenstein Arbitration Law, an arbitral tri - bunal may grant preliminary or interim relief, provided the parties have not agreed otherwise in the arbitration agreement. Such preliminary or interim relief can only be granted once the counterparty has been given an opportunity to be heard; ex parte interim relief falls within the sole competence of the Liechtenstein ordi - nary courts. The Liechtenstein Arbitration Law does not include a restrictive quota for interim measures. Rather, all dif - ferent types of relief can be granted. If interim relief is granted which contains measures that are unknown to Liechtenstein law, the Liechtenstein Arbitration Law expects the enforcing ordinary court to interpret and amend the remedy in the light of the purpose to be achieved and grant an equivalent relief available under Liechtenstein enforcement law. The Liechtenstein Rules provide rules on interim or protective measures as well. According to these provi - sions, the arbitral tribunal may grant any interim relief it deems appropriate upon respective application of a party. Pursuant to the Liechtenstein Rules (and pro - vided that the parties have not agreed otherwise), the arbitral tribunal shall have exclusive jurisdiction for interim relief once it has been constituted. If a party wishes to apply for (ex parte) interim relief from the ordinary court, it must first obtain the con - sent of the arbitral tribunal (or the presiding arbitrator if three arbitrators are appointed). The consent of the arbitral tribunal (or the presiding arbitrator) may be granted ex parte. If a party is in breach of its duty to obtain the arbitral tribunal’s consent prior to request -
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