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.
Legislative Framework
Applicable Legislation
1. What legislation applies to arbitration?
Principal Legislation
Sources of law. The Luxembourgish New Code of Civil Procedure (Nouveau Code de procédure civile) (NCPC) contains the Luxembourgish arbitration law, in a specific section dedicated to arbitration (Articles 1224 to 1249), as amended by the New Arbitration Law of 19 April 2023.
International or domestic. Luxembourg law does not distinguish between domestic and international arbitration.
UNCITRAL Model Law on International Commercial Arbitration 1985 (UNCITRAL Model Law)
The Arbitration Law is heavily influenced by the UNCITRAL Model Law.
Mandatory Legislative Provisions
2. Are there any mandatory legislative provisions? What is their effect?
The Arbitration Law provides a number of mandatory rules that govern the conduct of the arbitration including, among others, those relating to:
- The matters that can be submitted to arbitration (Articles 1224, 1225, and 1226, NCPC).
- Enforcement of arbitration awards by an order of the President of the District Court (Articles 1233 to 1244, NCPC for awards rendered in Luxembourg; Articles 1245 to 1249, NCPC for awards rendered abroad).
- The limited circumstances provided for in Article 1238 of the NCPC for setting aside an arbitral award.
To read the full article click on the following link: Arbitration procedures and practice in Luxembourg : overview
Share on
