Arbitrability in Matters of Succession: Country Report Liechtenstein
The country report is an enlarged extract of the monography “Arbitrability in Liechtenstein Law” and presents the arbitrability in matters of succession in Liechtenstein. It deals in particular with the arbitration agreement and testamentary arbitration arrangements, the proprietary character of succession claims and their capacity to conclude a settlement, the probate proceedings, preliminary questions of family law, personal claims of the testator and forced heirship.
Beyond that, the book “Arbitration Tribunals in Inheritance Disputes” published by Hans Rainer Künzle contains further country reports to Switzerland, Austria, Germany and Liechtenstein.
Künzle Hans Rainer (Hrsg.), Schiedsgerichte in Erbstreitigkeiten, successio-Schriften, Zurich, p. 95-112.
Distribution: Schulthess Juristische Medien AG, Zurich
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
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