The main pieces of legislation regulating domestic & foreign arbitration in Lichtenstein are:
- Civil Code (governs domestic & foreign arbitration);
- Enforcement Act;
Based on the UNCITRAL Model Law, the country's arbitration legislation also includes provisions on the conclusion of arbitration agreements in Lichtenstein.
Liechtenstein: Dispute Resolution by Arbitration
Any issue subject to judicial review can be referred to arbitration in Liechtenstein. However, you can’t resolve a dispute through arbitration in Liechtenstein if:
- it’s related to family law;
- it’s related to corporate relations;
- it arises from contractual clauses.
Any commercial or civil matters can be governed by arbitration agreements; hence, all aspects related to the activities of companies can be settled by arbitration.
Choosing an Arbitrator
Apart from selecting arbitrators, parties are also at liberty to agree on the criteria that arbitrators must meet. Normally, arbitrators are selected from amongst lawyers or attorneys; judges serving on active duty can’t perform arbitral functions. Depending on the nature of a dispute, economists may also act as arbitrators.
Parties can agree on the number of arbitrators & the mechanism for their appointment. However, if they can’t reach an agreement on their number, they must appoint another chairman. Prior to resolving a dispute through arbitration in Liechtenstein, three arbitrators must be appointed.
Courts may appoint arbitrators if parties fail to reach a deal on their appointment after a specified period of time. Should an arbitrator fall ill or retire, courts must appoint another arbitrator.
If parties fail to reach a deal on an arbitration site, a court may determine it on its own. The same rule applies to the language of arbitration proceedings.
Arbitration begins after a written statement of claim is served on a defendant. The document must contain a copy of an arbitration agreement & reasons for filing a claim. The latter requirement is aimed at improving the efficiency of dispute resolution through arbitration in Liechtenstein.
Also, a claim must include:
- names & contact info of parties & their lawyers;
- a proposal for the number of arbitrators & the language of proceedings;
- a name and contact info of an arbitrator to be appointed by a plaintiff.
Initiating arbitration proceedings in Liechtenstein requires having intimate knowledge of the country’s arbitration legislation. If you would like to know more about it, you can contact IQ Decision UK & order a consultation on arbitration regulation in Liechtenstein.