LUXEMBOURG Law and Practice Contributed by: Elisabeth Omes, Stephen De Ron and Lorenzo Cappelli, Elvinger Hoss Prussen
the Court of Appeal may order a stay of enforcement or vary the enforcement where continued immediate enforcement is likely to cause serious prejudice. Recognition of Annulled Awards The case law of the Court of Appeal in respect of recognition of annulled awards is not yet clearly set, and depends on the legal provisions applicable to the exequatur proceedings. While, in 1999, the Court of appeal stated that the annulment of an award in the seat of arbitration was not a reason for refusing its enforcement in Luxembourg, in 2017, within the con - text of the enforcement of an award under the New York Convention, it ruled under Article V, paragraph 1, point e) of that same convention that, if the annulment of an award is proven, the refusal of the exequatur is founded.
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