LUXEMBOURG Law and Practice Contributed by: Elisabeth Omes, Stephen De Ron and Lorenzo Cappelli, Elvinger Hoss Prussen
• the award was obtained by fraud; • decisive evidence was concealed during arbitration later emerges; • the award was based on forged documents; or • false testimony or false statements materially affected the award. 4.4 Process of Enforcing Arbitral Awards Enforcement begins with an application for exequatur. The procedure is generally ex parte and is brought before the president of the District Court. The applicant must usually produce originals or certi - fied copies of: • the arbitral award; and • the arbitration agreement. These must also be translated if not drafted in one of Luxembourg’s recognised judicial languages. The court conducts only a limited review and verifies whether any statutory grounds for refusal or revision (if applied for) exist (see 4.3 Categories of Arbitral Awards Not Enforced ). It does not reconsider the merits of the dispute. An application to set aside an arbitral award does not have a suspensive effect. However, the Court of Appeal, sitting in summary proceedings, may stay or limit the enforcement where continuing the enforce - ment is likely to cause serious prejudice to one of the parties. The arbitral award may also be subject to third-party opposition. Foreign arbitral awards follow a similar procedure. The application is submitted to the competent court and, once recognised, the arbitral award may be enforced using the same domestic enforcement mechanisms applicable to Luxembourg judgments. 4.5 Costs and Time Taken to Enforce Arbitral Awards The costs and timeframe for enforcing an arbitral award depend on whether the award is domestic or
international, and one where enforcement is chal - lenged. Application for exequatur are generally dealt with swiftly, particularly, where they are determined ex parte. However, where appeals or applications to set aside or revise the award are brought, the overall dura - tion of the proceedings may increase scientifically. The costs of enforcement include court fees, legal representation, translation coast where applicable, bailiffs’ fees incurred in the execution of the arbitral award. As with the enforcement of court judgments, the successful party will generally seek recovery of its costs, at the court’s discretion. Where enforcement is challenged, the length and cost of the proceedings will depend on the complexity of the issue raised, the conduct of the parties and the availability of appeals. 4.6 Challenging Enforcement of Arbitral Awards Luxembourg law significantly restricts challenges against arbitral awards in order to preserve the final - ity of arbitration. Accordingly, arbitral awards are not subject to the ordinary appellate review available for court judgments. Challenging Refusal of Exequatur Under Article 1235 of the NCPC, an order refusing exequatur must state the reasons on which it is based and may be appealed. The appeal must be lodged within one month of notification. By contrast, an order granting exequatur is not itself subject to appeal. Challenging Awards Through Annulment Pursuant to Article 1237 of the NCPC, an arbitral award rendered in Luxembourg may be challenged only by application to set aside through an action for annulment before the Court of Appeal. The action is available only on the limited grounds mentioned in 4.3 Categories of Arbitral Awards Not Enforced . An application to set aside an arbitral award does not automatically suspend enforcement. However,
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