A Q&A guide to arbitration law and practice in the Luxembourg.
The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim.
Use of arbitration and recent trends
1. How is commercial arbitration used and what are the recent trends?
Use of commercial arbitration and recent trends
In recent years, Luxembourg has been experiencing a resurgence of interest in arbitration.
According to statistics published by the Luxembourg Chamber of Commerce for arbitration, during 2015 to 2019, the number of arbitrations filed with the arbitration centre increased by 60% compared with 2010 to 2014.
Given Luxembourg's position as a premium centre for finance, corporate and investment funds, arbitration is predominantly used in these sectors.
However, as the use of arbitration is not yet so widespread in Luxembourg, the Luxembourg courts are mainly confronted with requests for enforcement of foreign arbitral awards.
Also, mainly for the same reasons, Luxembourg is a favourable place for enforcing a foreign arbitral award, once it is enforceable in the country of origin.
Advantages/disadvantages
Most commercial and corporate disputes are decided by state courts, but arbitration has become a popular method of dispute resolution, especially when an international factor is present.
Arbitration allows for a procedure that is often faster and more discreet than traditional judicial procedure, and this is particularly true in Luxembourg. For example, the Luxembourg Arbitration Centre provides that the maximum period within which the arbitrator(s) must render their decision is six months.
Due to Luxembourg's position as an international and world recognised financial centre, with a spirit of innate confidentiality as well as financial expertise. the advantages of confidentiality, speed, choice of arbitrators, flexibility of the procedural rules and arbitrator specialisation are particularly applicable in Luxembourg.
In addition, Luxembourg offers many additional advantages that encourage the use of arbitration, such as the multilingual culture, political stability, geographical location and the availability of lawyers from different cultural and legal backgrounds with a thorough knowledge of the different jurisdictions' legal systems.
To read the full article click on the following link: Arbitration procedures and practice in Luxembourg : overview
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