LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
succeeding party may then recover its costs and expenses (both attorney’s fees and court fees) from the losing party according to the pertinent provisions of law. A cost award can be appealed, either together with the judgment or order in relation to which it was given, or separately if the judgment or order itself is not appealed. If only the cost award is appealed, the Court of Appeal decides as the last instance. 11.2 Factors Considered When Awarding Costs The value of the claim in dispute and the extent of success are the key factors to calculate both the costs recoverable from the losing party and the court fees. As regards the latter, Liechten- stein applies a flat-rate fee system depending on the value of the amount in dispute. The attor- neys’ fees recoverable by the succeeding party are calculated according to the tariffs set by the Liechtenstein government. 11.3 Interest Awarded on Costs In the event that the cost award is not paid within the relevant time period, default interest of 5% per annum will be charged from the date of the cost award. 12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country ADR has become increasingly relevant in Liech- tenstein in recent years. The most popular ADR method in Liechtenstein is arbitration. Since the adoption of a modern arbitration law in 2010, Liechtenstein’s accession to the New York Con- vention in 2011 and the enactment of the Liech- tenstein Arbitration Rules in 2012, Liechtenstein
has considerably increased its prominence as a venue for arbitration. Mediation is another ADR method available to parties in civil law disputes. A dispute may be made subject to mediation both prior to and after the commencement of court proceedings. As a matter of Liechtenstein substantive law, the commencement of a mediation process sus- pends statutory limitation periods. An extrajudicial conciliation board has been established to act as a mediator for conflicts between clients and banks, asset management companies and payment service providers in Liechtenstein. Subject to mediation before the conciliation board are complaints of clients of financial intermediaries. The extrajudicial concili- ation board consists of one arbitrator appointed by the Liechtenstein government. 12.2 ADR Within the Legal System Although ADR is not generally compulsory in Liechtenstein, the Liechtenstein legal system is quite open to it. In particular, judges are express- ly encouraged by statutory law to make litigants settle amicably at any stage of the proceedings. For certain disputes between regulated profes- sionals (eg, lawyers), the respective codes of conduct prescribe ADR prior to the commence- ment 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 professional organisation for mediation and mediators in Liechtenstein. The organisa-
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