LUXEMBOURG Law and Practice Contributed by: Emilie Waty and Kloris Vjerdha, KLEYR_GRASSO
presiding over judicial proceedings. Accordingly, they are bound by strict duties of impartiality and inde - pendence (see 4.5 Arbitrator Requirements ). Prior to their appointment, arbitrators are required to disclose, in accordance with Article 1228-6 of the NCCP, any actual or potential conflict of interest and inform the parties, in due course, of any circumstance that might raise legitimate doubts as to their impartial - ity. This obligation persists during the entirety of the arbitral process in order to ensure procedural fairness as well as the integrity of the arbitrator’s role. 7.4 Legal Representatives There are no specific provisions set forth in the Lux - embourg Arbitration Law regarding the qualifications or other formal requirements for legal representatives in arbitration proceedings. In practice, during the arbitration process, arbitra - tors commonly draw upon internationally recognised standards and practices, such as those reflected in the International Bar Association’s Guidelines on Party Representation in International Arbitration, to guide the conduct of legal representation. 8. Evidence 8.1 Collection and Submission of Evidence The Luxembourg Arbitration Law does not prescribe specific rules for the gathering and submission of evidence in arbitration proceedings. Accordingly, the parties are free to organise this aspect of the proceed - ings in the manner they deem appropriate. Nonetheless, it is common practice for the parties, along with the arbitral tribunal during procedural con - ferences, to define certain procedural aspects of the arbitration. This typically includes deciding whether a discovery phase will be conducted, setting the condi - tions under which witness statements are admissible, as well as establishing the modalities regarding the examination of the witnesses. As certain procedural gaps may arise, it is common practice to refer to international guidelines as a source of inspiration. Soft law instruments, such as the Inter -
national Bar Association’s Rules on the Taking of Evi - dence in International Arbitration are often used to provide practical guidance where national law remains silent. In jurisdictions like Luxembourg that follow the civil law tradition, and where practices such as the cross- examination of witnesses are not formally provided for, these guidelines offer a practical framework and assist both legal practitioners as well as the parties to an arbitral process. 8.2 Rules of Evidence According to the Luxembourg Arbitration Law, it is incumbent upon the arbitral tribunal to carry out inves - tigative measures. Pursuant to Article 1231-8 (1) of the NCCP, the arbitral tribunal may hear any individual, including the parties to the arbitration, unless the applicable foreign law governing the proceedings provides otherwise. Fur - thermore, where a party holds evidence material to the dispute, the arbitral tribunal may, under the conditions it deems appropriate, order its disclosure. In addition, Article 1231-8 (2) of the NCCP foresees that where a party to the arbitration intends to rely on a document held by a third party to the proceedings, it may, upon the arbitral tribunal’s invitation, request that the third party be summoned before the supporting judge in order to obtain the production of the docu - ment in question. 8.3 Powers of Compulsion The arbitrator’s direct powers of compulsion to order the production of documents or require the attend - ance of witnesses is not foreseen under Luxembourg Arbitration Law. The LAC Rules are equally silent on the matter and do not provide for any further clarification regarding the arbitrator’s powers of compulsion.
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