Seat of the Arbitral Tribunal in Liechtenstein Law
This book is directed at parties, practitioners, and courts interested in arbitration, offering them a guideline on and in particular an overview of the effects of localising arbitration proceedings and laying down the seat of a court of arbitration. The place where the seat of a court of arbitration has been determined to be is of crucial importance for carrying out the proceedings. The ability of the parties to choose the seat of the court of arbitration at will – it may meet at any location, regardless of its seat – is a substantial advantage of arbitration proceedings as compared to proceedings in a court of law. The Liechtenstein Code of Civil Procedure, which is discussed here, offers a conclusive and seamless set of rules for determining the seat of a court of arbitration, so that it is ensured that arbitration proceedings will be carried out under any circumstances. The clause “Arbitration in Liechtenstein” is sufficiently specific as a result of its clear and simple jurisdiction rule, also in comparison with Switzerland and Austria.
1st Edition, Vaduz 2019, 230 pages
The country report presents the arbitration law of Liechtenstein and deals in particular with arbitration agreement, arbitration proceedings, arbitrators, interim relief, arbitral award, challenge of the arbitral award and enforcement of the arbitral award. The book contains 36 country chapters and is addressed to general counsel, government agencies and private practice lawyers in the field of arbitration law.
Global Legal Insights (Global Legal Group)
Arbitrability in Liechtenstein Law
This book examines the Liechtenstein arbitration law. The comparison with other systems of law, in particular with the legal system in Austria and Switzerland, results in considerable cross-sectoral analyses. Besides the general requirements of the objective arbitrability and its exceptions the book deals with the practical application cases in almost all areas of law. A further chapter deals with the procedure and the decision on arbitrability in arbitration proceedings as well as in various other proceedings before state courts. The publication is concluded with a presentation of the subjective arbitrability.
The work provides a manual for arbitration in Liechtenstein and across the borders; it is addressed to at scholarship and practitioners in the field of arbitration law.
1st Edition, Vaduz 2018, 768 pages
Audit Requirement with Holding Foundations
In practice, with foundations with an audit requirement the question arises as to the type and extent of the auditing, in particular where the foundation holds participations in subsidiaries. This article examines in general the audit requirement in foundation law and looks in particular as to whether the examination of auditing reports and/or company documents of subsidiaries is a requirement to assess the proper use and management of the foundation assets according to the foundation purpose and its existence.
Article in: Liechtensteinische Juristen-Zeitung (LJZ), journal no. 1, March 2018, 39th volume, p. 43-50.
Overtime must be compensated
If an employee works hours in addition to the maximum amount of working time per week allowed by the Employment Act, the employer must pay the employee, on his/her request, for the overtime hours a statutory supplement of 25% in addition to his/her base salary. This also applies even if an agreement has been made on lump-sum remuneration for overtime hours in the employment contract.
Article in: LANV info, journal no. 1, February 2017, 60th volume, Triesen, p. 9.
Legal force of arbitral awards in Liechtenstein
A major factor in deciding on the place of arbitration is what effect a jurisdiction grants to arbitral awards. This article looks at the point in time when the arbitral award becomes legally binding, what effects it has, the conditions under which it enters into force and effect for the parties involved and whether or under what conditions its legal force is extended to third parties.
Article in: Liechtensteinische Juristen-Zeitung (LJZ), journal no. 4, December 2016, 37th volume, Vaduz, p. 68-80.
ADR and trusts – a view from Liechtenstein
This article provides an overview of arbitration law and mediation as well as foundation and trust law in Liechtenstein. It deals with the ratification of the New York Convention, the attitude of the courts and authorities in Liechtenstein on alternative dispute resolution (ADR), the use of ADR provisions in trust and foundation instruments, the mandatory implementation of ADR and the enforcement of such decisions.
Article in: Grant Jones and Peter Pexton (Eds.), ADR and Trusts: An international guide to arbitration and mediation of trust disputes, Spiramus Press Ltd, London, p. 310-318.