LUXEMBOURG Law and Practice Contributed by: Emilie Waty and Kloris Vjerdha, KLEYR_GRASSO
Finally, the LAC Rules also foresee the joinder of third parties in the arbitration proceedings in Article 6.
For reference, the LAC Rules foresee in Appendix III the intervention of an emergency arbitrator that must respect the same requirements with regards to impar - tiality and independence and whose decision shall take the form of a written and reasoned order. 6.3 Security for Costs At present, the Luxembourg Arbitration Law does not contain any express provision conferring upon arbitral tribunals the power to authorise security for costs. Accordingly, and unless the parties to the arbitration proceedings have agreed otherwise, there are no obstacles that would prevent the arbitral tribunal from requesting a security deposit for costs. With respect to judicial proceedings, a general prin - ciple enshrined in Article 257 of the NCCP provides that, upon request raised in limine litis, claimants not domiciled in Luxembourg may be required to advance payment to secure potential costs and damages they may be liable to bear in the event their claim is ulti - mately denied. The Luxembourg NCCP contains a dedicated section on arbitration, set forth in its Book III that is divided into seven chapters, encompassing Articles 1224 to 1249. This legislative framework governs all matters relating to arbitration in Luxembourg, including both arbitral proceedings as well as the recognition and enforce - ment of foreign arbitral awards. 7.2 Procedural Steps The arbitration framework in Luxembourg does not set out mandatory procedural steps required by law. It is the parties that determine the procedural steps in accordance with the arbitration rules they have cho - sen to govern the dispute. 7.3 Powers and Duties of Arbitrators 7. Procedure 7.1 Governing Rules Under the Luxembourg Arbitration Law, arbitrators enjoy the same status and authority as state judges
6. Preliminary and Interim Relief 6.1 Types of Relief
Under Article 1231-9 of the NCCP, the arbitral tribunal may order the parties to take any interim or conserva - tory measures it deems appropriate with the exception of attachment proceedings, which remain exclusively within the jurisdiction of the state courts. In this respect, the arbitral tribunal may modify, com - plete, suspend or retract an interim or conservatory measure and can likewise order the requesting party to provide a guarantee for the granting of interim relief. Should the arbitral tribunal subsequently decide that the interim or conservatory measure should not have been granted, the party that requested that meas - ure shall be held liable for all the costs and damages resulting from its enforcement. The LAC Rules provide in Article 20.1, that any party requesting conservatory or interim measures which cannot await the consultation of an arbitral tribunal may submit a request to the Secretariat. 6.2 Role of Courts Article 1227-4 of the NCCP authorises a party to an arbitration, even where a valid arbitration agreement is in place, to apply for interim relief before the state courts. Such recourse is, however, only available in cases where the arbitral tribunal has not yet been con - stituted, or if it appears that the arbitral tribunal cannot grant the requested measures due to the factual or legal impediments (such as in circumstances where one of the parties involved in the provisional measures is not a party to the arbitration proceedings). Such a request does not imply a waiver of the arbitra - tion agreement. It should also be emphasised that the Luxembourg Arbitration Law does not foresee the use of emer - gency arbitrators.
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