LUXEMBOURG Law and Practice Contributed by: Emilie Waty and Kloris Vjerdha, KLEYR_GRASSO
tribunal has not yet been constituted or is unable to grant such measures. 8.3 Powers of Compulsion Direct powers of compulsion for arbitrators to order the production of documents or require the attend - ance of witnesses are not foreseen under Luxembourg Arbitration Law. The LAC Rules are similarly silent on the matter and do not provide any further clarification regarding the arbitrators’ powers of compulsion. The Luxembourg Arbitration Law provides that arbitra - tion proceedings are conducted with strict confiden - tiality, subject only to derogation where the parties have expressly agreed otherwise. Accordingly, the arbitrators are bound by a duty of confidentiality and may not disclose any information that was revealed in the course of the proceedings or during their delib - erations. In the event that a party initiates an appeal to set aside an arbitral award or an appeal against an exe - quatur order, the content of the proceedings thereby becomes part of the public record. 9. Confidentiality 9.1 Extent of Confidentiality 10. The Award 10.1 Legal Requirements Chapter VI of the NCCP sets out the legal require - ments for arbitral awards in Luxembourg. In principle, the arbitral award is issued in writing, and a duly signed original is delivered by the arbitral tri - bunal to each of the parties. Upon its issuance, the award is final and acquires the authority of res judi - cata. Consequently, and in accordance with Article 1232-3 of the NCCP, the award is not subject to an appeal by any of the parties.
The arbitral award must be duly reasoned, save where the parties have expressly waived this requirement (Article 1232-2 of the NCCP). Unless the parties agree otherwise, the arbitral award shall be rendered by majority decision of the arbitral tribunal and shall bear the signature of all arbitrators. Should an arbitrator decline to sign the arbitral award, such refusal shall be expressly recorded in the award. The absence of an arbitrator’s signature shall in no way impair the validity or legal effect of the award, which shall have the same legal force as though it had been signed by the entire panel (Article 1232-1 of the NCCP). Upon issuance of the final award, the arbitral tribunal is divested of its authority with respect to the dispute it was called upon to determine. The parties may, however, within three months following the award’s delivery, request an interpretation of the award as well as the correction of any material omissions or errors therein. The parties may, in addition, request that the arbitral tribunal supplement the award in the event that it has failed to consider a claim duly put forth by one of the parties. In the event that that the arbitral tribunal is unable to reconvene with respect to any of the above-men - tioned matters, Article 1232-4 of the NCCP provides that the supporting judge shall bear those functions. Finally, the arbitration reform has introduced a default timeframe for the rendering of the award. Article 1231- 6 of the NCCP provides that in the absence of a time limit expressly stipulated in the arbitration agreement, the arbitral tribunal is required to render its award within six months from the date on which the last- appointed arbitrator formally accepted their mandate. 10.2 Types of Remedies The types of remedies that arbitral tribunals may award are not explicitly delineated in the Luxembourg Arbitration Law. The arbitral tribunal is bound to apply the remedies provided by the law applicable to the merits of the case. However, concerning the award of damages, puni - tive damages are not provided for under Luxembourg
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