LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
7.3 Powers and Duties of Arbitrators Under the Liechtenstein Arbitration Law, an arbitral tribunal has the power to decide on its own jurisdiction and on the merits of the case. If there is no agreement between the parties, the arbitral tribunal has to decide on the rules according to which the proceedings are to be conducted. Moreover, the arbitral tribunal has the power to decide on the admissibility of evidence and to determine its relevance as well as to grant prelimi - nary or interim relief. The arbitral tribunal has a duty to treat the parties equally and must ensure that each party can exer - cise its right to be heard. The arbitrators must remain impartial and independent and have an ongoing obli - gation to disclose any circumstances which might cast doubt on their impartiality or independence. 7.4 Legal Representatives There are no legal requirements or particular quali - fications for legal representatives in arbitration pro - ceedings in Liechtenstein. Furthermore, agreements by which representation by certain persons or groups of persons is excluded are inadmissible and invalid according to the Liechtenstein Arbitration Law. As a consequence, a free choice of legal representation is ensured, which also includes legal representatives with qualifications not obtained in Liechtenstein. 8. Evidence 8.1 Collection and Submission of Evidence The collection and submission of evidence is not separately and explicitly dealt with in the Liechten - stein Arbitration Law. The arbitral tribunal is entitled to decide at its own discretion on the collection and sub - mission of evidence. In arbitration proceedings con - ducted in Liechtenstein, both civil and common law rules on the collection and submission of evidence are admissible. For example, common-law-style written witness statements and cross-examinations are very popular in arbitration proceedings in Liechtenstein, whereas common-law-style discovery proceedings are out of favour. In line with the Liechtenstein Arbitration Law, the Liechtenstein Rules also stipulate that the collection
and submission of evidence is to be decided by the arbitral tribunal at its own discretion. When performing this discretion, the arbitral tribunal must consider the principles of equal treatment of the parties and their right to be heard. In regard to the submission of documents, the Liech - tenstein Rules refer to the pertinent provisions of the Liechtenstein Civil Procedure Code, which provides quite restrictive rules as to what documents have to be submitted to the counterparty, and at what time. A specific feature of the Liechtenstein Rules with regard to the submission of evidence is that the arbitral tri - bunal must not order the forwarding of certain docu - ments to the opposing party if the submitting party can, at first sight, prove to have an interest in con - fidentiality. In such a case, the relevant documents can be made available at an appropriate location for inspection. Further, the Liechtenstein Rules contain provisions on the refusal of testimony and the refusal of document production. The provisions on collecting and submit - ting evidence set forth in the Liechtenstein Rules aim to protect confidentiality in arbitration proceedings conducted in Liechtenstein. Under both the Liechtenstein Arbitration Law and the Liechtenstein Rules, in the absence of an agreement by the parties to the contrary, an arbitral tribunal is entitled to decide at its discretion on the taking of evidence. 8.2 Rules of Evidence Neither the Liechtenstein Arbitration Law nor the Liechtenstein Rules provide specific rules on the tak - ing of evidence to be applied in arbitral proceedings conducted in Liechtenstein. As a general rule, the arbitral tribunal shall assess the evidence freely. 8.3 Powers of Compulsion Under the Liechtenstein Arbitration Law, arbitral tri - bunals do not have any powers of compulsion. In this regard, the Liechtenstein Arbitration Law does not dis - tinguish between parties, representatives, members of the arbitral tribunal or third parties. However, an arbitral tribunal (or a party to the arbitral proceedings with the respective consent of the arbitral tribunal)
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