The Global Legal Post | Law Over Borders Comparative Guide to Arbitration

The Law Over Borders Comparative Guide to Arbitration provides a comprehensive understanding of the current complexities of international arbitration. Written by expert practitioners, the guide covers all the key aspects of the arbitral process, including the requirements for validity of arbitral agreements, rules concerning the constitution of the arbitral tribunal, and available measures from local courts to assist the arbitral proceeding. It also provides detailed information on general procedural minimum requirements, rules for the validity of awards, availability of post-award proceedings, and enforcement of foreign awards, as well as applicable professional and ethical rules, and the approaches on third-party funding in each jurisdiction. This second edition also features information on specialist arbitration and sovereign immunity. The guide is an invaluable resource for anyone looking to navigate the intricacies of the practice of international arbitration.

Have a look at the Luxembourg chapter contributed by our experts Fabio Trevisan and Laure-Hélène Gaicio-Fievez.

 1. Key considerations in deciding whether to arbitrate in this jurisdiction

Luxembourg offers a modern, arbitration-friendly framework, confidentiality, and robust enforcement tools.

1.1 Advantages

• Modern, arbitration-friendly legal framework.
• Strong confidentiality protection.
• Expeditious proceeding (the 2023 reform introduced a six-month time limit to conclude proceedings).
• Parties are free to choose arbitrators with the expertise relevant to their dispute.
• A multilingual culture that facilitates international cases.
• Availability of lawyers from different backgrounds with knowledge of the various jurisdictions’ legal systems.
• Political and economic stability that reinforces trust in Luxembourg as a neutral seat.

1.2 Disadvantages and common pitfalls

• Costs may outweigh the costs of court litigation in minor disputes.
• Not all matters are arbitrable.

1.3 Distinctive features

• Competence–competence principle: the arbitral tribunal may rule on its own jurisdiction.
• The presence of a supporting judge, who assists the arbitral tribunal in organising the proceedings.
• Luxembourg includes a review of the award in cases of fraud, newly discovered evidence, or falsified documents.
• Confidentiality of the proceedings.
• Flexible procedural rules: parties can tailor procedures and language to suit disputes.

Read more in the Luxembourg chapter of The Global Legal Post Law Over Borders Comparative Guide to Arbitration.