LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
12.2 ADR Within the Legal System Although ADR is not generally compulsory in Liech- tenstein, the Liechtenstein legal system is quite open to it. In particular, judges are expressly encouraged by statutory law to make litigants settle amicably at any stage of the proceedings. For certain disputes between regulated profession- als (eg, lawyers), the respective codes of conduct prescribe ADR prior to the commencement of court proceedings. Furthermore, in disputes concerning parental custody, the parties may be ordered to engage in mediation. These decisions are not appealable and the mediation is compulsory. 12.3 ADR Institutions The Liechtenstein Association of Mediation is the pro- fessional organisation for mediation and mediators in Liechtenstein. The organisation is a member of other national mediation lobby groups (eg, Österreichischer Bundesverband Mediation , Schweizerischer Dachver- band Mediation ). The arbitrator of the conciliation board for conflicts relating to financial services and the members of the conciliation board of the Liechtenstein Chamber of Professional Trustees are experts in their respective fields of practice. The Liechtenstein Chamber of Commerce and Indus- try (LCCI), together with the Liechtenstein Arbitration Association (LIS), published a set of arbitration rules in 2012 (the “Liechtenstein Rules”). A peculiarity of the Liechtenstein Rules is the absence of an actual administration.
omously agree for specific arbitration rules to apply. The Liechtenstein arbitration law is largely based on the Model Law on the International Commercial Arbitration (UNICITRAL Model Law) and the respective provisions of the Austrian Civil Procedure Code. The fact that Liechtenstein adopted many provisions from the Austrian arbitration law has the advantage that if there is no specific Liechtenstein case law and legal doctrine, one can refer to Austrian case law and legal doctrine for the construction of the Liechtenstein arbitra- tion law in the absence of such law. In the case of a small jurisdiction such as Liechtenstein, this is a huge asset. In 2011, Liechtenstein signed and ratified the New York Convention, but has submitted a reservation regarding reciprocity. Unlike some other signatories to the convention, Liechtenstein has not submitted a reservation regarding commercial trade. 13.2 Subject Matters Not Referred to Arbitration In principle, any claim concerning an economic inter- est that would fall within the jurisdiction of the ordinary courts may be subject to an arbitration agreement. Thereby, the scope of a claim involving an economic interest has to be interpreted extensively. With regard to the arbitrability of non-pecuniary claims, an arbitration agreement can be concluded and shall have legal effect to the extent that the parties are entitled to conclude a settlement on the subject matter in dis- pute. However, family law disputes and certain employ- ment law disputes cannot be made subject to arbitral proceedings. Furthermore, the jurisdiction of the ordi- nary courts cannot be excluded with regard to proceed- ings which are either initiated by the court ex officio or due to an application or report of a public authority, and disputes which have to be heard before the administra- tive authorities cannot be referred to arbitration either. 13.3 Circumstances to Challenge an Arbitral Award According to Liechtenstein arbitration law, the grounds for challenging an arbitral award are very similar to the grounds set forth in the UNCITRAL Model Law. Two notable differences between the Liechtenstein arbitra- tion law and the UNCITRAL Model Law are that:
13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration
If Liechtenstein is the seat of the arbitration, the arbitra- tion proceedings are governed by Liechtenstein arbi- tration law. The pertinent provisions are set forth in the Liechtenstein Civil Procedure Code. These provisions are mostly non-mandatory and the parties may auton-
629 CHAMBERS.COM
Powered by FlippingBook