LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Christian Scheffknecht, Schurti Partners Attorneys at Law Ltd
4.6 Challenging Enforcement of Arbitral Awards If an award has been set aside by the courts in the seat of arbitration in a binding decision, said award cannot be enforced in Liechtenstein under the New York Convention. It is up to the party against whom enforcement is sought to argue and prove that the award has been set aside in a binding decision. The mere challenge of the award does not constitute an obstacle to recognition.
According to Liechtenstein case law, the New York Convention must be interpreted in a manner support - ing the arbitration and enforcement thereof. The public policy grounds must reach a high threshold in order for the enforcement of an arbitral award to be impeded. Not every deviation from Liechtenstein law constitutes a violation of public policy – a severe violation of the fundamental values of the Liechtenstein legal order as a whole is required. Therefore, the public policy exemption is applied extremely restrictively.
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