LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
13. Miscellaneous 13.1 Class Action or Group Arbitration In principle, the Liechtenstein Arbitration Law and the Liechtenstein Rules do not provide for class actions or group arbitrations. However, the Liechtenstein Arbi - tration Law provides for the joint appointment of one or more arbitrators by more than one party “on the same side”. 13.2 Ethical Codes Neither the Liechtenstein Arbitration Law nor the Liechtenstein Rules contain specific provisions for the ethical conduct of the legal representatives con - ducting arbitration proceedings. Relevant provisions may in this regard result from the IBA Rules of Ethics for International Arbitrators, the Liechtenstein Code of Civil Procedure, the Liechtenstein Lawyer Act, the professional guidelines of lawyers, or other profes -
13.4 Consolidation Neither the Liechtenstein Arbitration Law nor the Liechtenstein Rules contain specific provisions on the consolidation of separate arbitral proceedings. As a consequence, a consolidation of separate arbitral pro - ceedings is not permissible without the consent of all concerned parties. 13.5 Binding of Third Parties According to the Liechtenstein Arbitration Law, arbi - tration clauses in articles of association, trust deeds or foundation statutes are valid and legally binding. For example, a beneficiary that wishes to bring a claim for information against a foundation or a trustee is bound by an arbitration clause contained in the statutes/trust deed of the respective foundation/trust even though the respective beneficiary never agreed to the arbitra - tion 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 benefi - ciaries 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. In principle, judgments of the ordinary courts are only binding on the parties to the proceedings.
sionals’ codes of conduct. 13.3 Third-Party Funding
There are no rules in Liechtenstein concerning litiga - tion funding by third parties. Thus, third-party litiga - tion funding is permitted and there are no particular restrictions.
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