LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
first hearing, at the very latest, and in any event before arguing the case on the merits, otherwise it will not be heard (and the party will be deemed to have accepted jurisdiction). If the court con- cludes that the objection is justified, the court will enter an early judgment rejecting the claim. Other than that, a claimant may apply for a par- tial judgment ( Teilurteil ) if one or more of several claims brought in a lawsuit are acknowledged by the defendant. Also, the court may decide to enter an interlocutory judgment ( Zwischenurteil ) in cases where a claim has been disputed both in terms of its basis and its extent, and the court concludes that the case permits a decision as to the basis but not yet as to the extent of the claim. 4.3 Dispositive Motions Often, dispositive motions are filed to dispose of a claim on procedural grounds (such as lack of jurisdiction, inadmissibility of recourse to civil litigation, res judicata or lis pendens). 4.4 Requirements for Interested Parties to Join a Lawsuit A third party who has a legal interest in the out- come of a lawsuit – ie, whose legal position will be affected by the outcome (for example, since one of the litigants may take recourse to the third party if the case is lost), may join the proceed- ings on the claimant’s or on the defendant’s side (third-party intervention or Nebenintervention ). A third-party intervention consists of a written submission to the court in which the third par- ty expresses its legal interest. It is possible at any stage of a lawsuit as long as no final, non- appealable judgment has been entered. The par- ties to the lawsuit may oppose the third-party intervention, in which case there will be a hearing and the court will decide on the intervention in a formal decision. Only a decision rejecting the
third-party intervention is subject to a separate appeal. Such an appeal does not stay the lawsuit as such and, pending the outcome of the appeal, the third party can participate as if it had been admitted. Any procedural steps that a third party deems favourable for the party it supports may be taken without the consent of that party, unless such steps are explicitly opposed by that party or contradict its own procedural actions. The third party may appeal decisions without the approv- al, and even against the will, of the supported party. Conversely, if a litigant intends to take recourse against a third party in the case of a defeat, the litigant may give formal notice to such third party by means of a written submission and invite the third party to support the litigant in the lawsuit (third-party notice or Streitverkündung ). While a third party is under no obligation to follow such an invitation, the practical effect of such third- party notice is that the notifying party may rely on a (negative) decision and the findings of fact contained therein in a later lawsuit against the third party, and the third party will be precluded from arguing that the notifying party had not The defendant (or respondent to an appeal) may require the claimant (or appellant) to place security for the defendant’s (or respondent’s) anticipated costs for legal representation and the court fees to be borne by the defendant (or respondent). In cases of natural persons as claimants (or appellants), security for costs can be imposed if the claimant (or appellant) is not resident in Liechtenstein, unless there is a treaty between Liechtenstein and the other jurisdiction conducted the first lawsuit diligently. 4.5 Applications for Security for Defendant’s Costs
802 CHAMBERS.COM
Powered by FlippingBook