This country-specific Q&A provides an overview of Litigation that may occur in Luxembourg.
Fabio Trevisan and Laure-Hélène Gaicio answered the following questions:
- What are the main methods of resolving commercial disputes in your jurisdiction?
- What are the main procedural rules governing commercial litigation?
- What is the structure and organisation of local courts dealing with commercial claims? What is the final court of appeal?
- How long does it typically take from commencing proceedings to get to trial?
- Are hearings held in public and are documents filed at court available to the public? Are there any exceptions?
- What, if any, are the relevant limitation periods in your jurisdiction?
- What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of noncompliance?
- How are commercial proceedings commenced? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?
- How does the court determine whether it has jurisdiction over a claim?
- How does the court determine what law will apply to the claims?
- In what circumstances, if any, can claims be disposed of without a full trial?
- What, if any, are the main types of interim remedies available in your jurisdiction?
- After a claim has been commenced, what written documents must (or can) the parties submit and what is the usual timetable?
- What, if any, are the rules for disclosure of documents? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?
- How is witness evidence dealt with in commercial litigation in your jurisdiction (and in particular, do witnesses give oral and/or written evidence and what, if any, are the rules on crossexamination)? Are depositions permitted?
- Is expert evidence permitted and how is it dealt with? Is the expert appointed by the court or the parties and what duties do they owe?
- Can final and interim decisions be appealed? If so, to which court(s) and within what timescale?
- What are the rules governing enforcement of foreign judgments in your jurisdiction?
- Can the costs of litigation (e.g. court costs, as well as the parties’ costs of instructing lawyers, experts and other professionals) be recovered from the other side?
- What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?
- What, if any, are the mechanism for joining third parties to ongoing proceedings and/or consolidating two sets of proceedings in your jurisdiction?
- Are third parties allowed to fund litigation? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?
- What is the main advantage and the main disadvantage of litigating international commercial disputes in your jurisdiction?
- What is the most likely growth area for disputes in your jurisdiction for the next 5 years?
- Will be the impact of technology on commercial litigation in your jurisdiction in the next 5 years?
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