LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
11.2 Factors Considered When Awarding Costs The value of the claim in dispute and the extent of success are the key factors to calculate both the costs recoverable from the losing party and the court fees. As regards the latter, Liechtenstein applies a flat-rate fee system depending on the value of the amount in dispute. The attorneys’ fees recoverable by the suc- ceeding party are calculated according to the tariffs In the event that the cost award is not paid within the relevant time period, default interest of 5% per annum will be charged from the date of the cost award. 12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country ADR has become increasingly relevant in Liechten- stein in recent years. The most popular ADR method in Liechtenstein is arbitration. Since the adoption of a modern arbitration law in 2010, Liechtenstein’s accession to the New York Convention in 2011 and the enactment of the Liechtenstein Arbitration Rules in 2012, Liechtenstein has considerably increased its prominence as a venue for arbitration. set by the Liechtenstein government. 11.3 Interest Awarded on Costs Mediation is another ADR method available to parties in civil law disputes. A dispute may be made subject to mediation both prior to and after the commence- ment of court proceedings. As a matter of Liechten- stein substantive law, the commencement of a media- tion process suspends statutory limitation periods. An extrajudicial conciliation board has been estab- lished to act as a mediator for conflicts between cli- ents and banks, asset management companies and payment service providers in Liechtenstein. Subject to mediation before the conciliation board are com- plaints of clients of financial intermediaries. The extra- judicial conciliation board consists of one arbitrator appointed by the Liechtenstein government.
null and void. New facts or evidence may only be pre- sented to prove that the challenged decision is subject to nullity or suffers from material procedural mistakes. In general, the Supreme Court decides without an oral hearing. 10.5 Court-Imposed Conditions on Granting an Appeal As a general rule, judgments are appealable. However, judgments of the Court of Appeal are not appealable if the amount in dispute does not exceed CHF5,000. Furthermore, judgments of the Court of Appeal cannot be appealed to the Supreme Court if the amount in dispute does not exceed CHF50,000 and if the Court of Appeal confirms the decision of the District Court. Most orders of a procedural nature cannot be appealed. Also, orders of the Court of Appeal confirm- ing orders of the District Court or referring the matter back to the District Court cannot be appealed to the Supreme Court as a matter of statutory law, but the Court of Appeal can permit an appeal to the Supreme Court in exceptional circumstances. 10.6 Powers of the Appellate Court After an Appeal Hearing The appellate court can either dismiss the appeal and confirm the appealed decision or grant the appeal and either change the appealed decision on the merits or refer it back to the lower instances to re-hear the case. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation At first, each party is responsible for its own attorney’s fees and expenses and court fees are to be borne by the applicant. The succeeding party may then recover its costs and expenses (both attorney’s fees and court fees) from the losing party according to the pertinent provisions of law. A cost award can be appealed, either together with the judgment or order in relation to which it was given, or separately if the judgment or order itself is not appealed. If only the cost award is appealed, the Court of Appeal decides as the last instance.
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