Lex Mundi Global Arbitration Institutions Guide |
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Luxembourg |
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(Europe)
Firm
Arendt & Medernach
Contributors
Clara Mara-Marhuenda |
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| Name of Arbitral Institution; with abbreviation, if any. | Arbitration Centre of the Chamber of Commerce of Luxembourg (the "Center") |
| Where is the seat of the Arbitral Institution? | Luxembourg |
| Is there an umbrella organization for the Arbitral Institution? | No. |
| How is the Arbitral Institution structured? | The Center operates under the authority of an Arbitration Council (the "Council") composed of five members, including the president of the National Luxembourg Committee of the International Chamber of Commerce (ICC), as president, the Luxembourg member of the Arbitration Court of the CCI, the President of the Bar of Luxembourg, the director general of the Chamber of Commerce, and the President of the Institute of Auditors (l'Institut des Réviseurs d'Entreprises - IRE).” |
| Is there a compulsory list of arbitrators that parties are required to choose from? | No. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | The place of arbitration is by default fixed at the Chamber of Commerce. |
| What is the amount of the registration fee? | None. |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | Arbitrator's fees : approx. USD 35,000 (single arbitrator) + administrative costs : approx. USD 7,000 |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | Arbitrator's fees : approx. USD 100,000 per arbitrator + administrative costs : approx. USD 12,200 |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | Arbitrator's fees: approx. USD 200,000 per arbitrator + administrative costs: approx. USD 15,700 |
| Who pays advances on costs? What happens in the event of default? | As a general rule, advances on costs are made by way of deposits to be paid in equal shares by the claimant(s) and the respondent(s). However, any one party may pay the whole deposit in respect of the claim or the counter-claim should the other party fail to pay its share. |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | Before proceeding with the preparation of the case, the sole arbitrator or the tribunal ( "the arbitral tribunal") shall draw up, on the basis of the documents submitted, or in the presence of the parties, and in the light of their most recent submissions, a document defining the Terms of Reference. After the Terms of Reference have been signed or approved by the Council, no party may make new claims falling outside the scope of the Terms of Reference unless it has been authorized to do so by the arbitral tribunal, which shall decide on whether to admit them in light of the nature of such new claims, the stage of the arbitration and other relevant circumstances. |
| Which languages can be used for communication with the Arbitral Institution? | French, German or English |
| Who is the main point of contact for the parties within the Arbitral Institution? | The Secretariat of the Center |
| Are there restrictions on the language that the arbitration may be conducted in? | No. |
| Who appoints substitute arbitrators? | NA |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | No. |
| Are oral hearings compulsory? | No. At the request of one of the parties or if necessary on its own initiative, the arbitral tribunal, giving reasonable notice, may summon the parties to appear before the tribunal on the day and at the place of the tribunal's choice and shall so inform the Secretariat. |
| What are common evidence-taking practices? | The arbitral tribunal shall proceed within as short a time as possible to determine the facts of the case by all appropriate means including written documents, experts reports and testimony. |
| What is the average duration of arbitration proceedings? | Six months |
| What is the timeframe for rendering the award? | The time limit within which the tribunal must render its final award is six months. Such time limit begins to run from either the date of the last signature (by the arbitrator or by the parties) of the Terms of Reference or the date of the notification to the tribunal by the Secretariat of the approval of the Terms of Reference by the Council. The Council may fix a different time limit based on the procedural timetable established by the arbitrator. |
| Are extensions to time limits permissible? | The Council may extend the time limit pursuant to a motivated request from the tribunal or on its own initiative if it deems it necessary to do so. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | Before the file is transmitted to the tribunal, and in exceptional circumstances even thereafter, the parties may apply to any competent judicial authority for interim or conservatory measures, and they shall not by so doing be deemed to have infringed the agreement to arbitrate or to have thereby affected the relevant powers reserved to the arbitral tribunal. Any such application and any measures taken by the judicial authority in such context must be notified without delay to the Secretariat, which in turn informs the arbitrator thereof. |
| Do the institutional rules provide for an emergency arbitrator? | No. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | No specific regulations apply. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | Before signing an award, whether partial or definitive, the tribunal shall submit it in draft form to the Council. The Council may require modifications as to the form of the award and, without thereby affecting the tribunal's liberty of decision, may also draw its attention to points of substance. No award shall be signed until it has been approved by the Council as to its form. |
| Do costs necessarily follow the event? | The arbitral award shall, in addition to dealing with the merits of the case, fix and award the costs, or lay down the proportion in which the costs of the arbitration shall be borne by either party. The statement of costs is submitted for the approval of the Council, which shall ensure that the costs are fixed within reasonable limits in light of the nature of the dispute and the degree of difficulty of the claims. The Council may establish scales of costs and fees. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Domestic awards can be nullified only on the grounds which are listed in article 1244 of the Nouveau Code de Procédure civil, which are similar but not identical to the ones listed in the New York Convention, whereas the annulment of foreign awards may only occur on a reciprocal basis of the grounds foreseen by the New York Convention. |
| Link to institutional rules | http://www.cc.lu/en/services/opinions-legislation/arbitration-centre/ |
| Link to model clause | http://www.cc.lu/en/services/opinions-legislation/arbitration-centre/ |
Lex Mundi Global Arbitration Institutions Guide
Luxembourg
(Europe) Firm Arendt & MedernachContributors Clara Mara-Marhuenda Guy Harles François Kremer
Updated 29 Oct 2018Arbitration Centre of the Chamber of Commerce of Luxembourg (the "Center")
Luxembourg
No.
The Center operates under the authority of an Arbitration Council (the "Council") composed of five members, including the president of the National Luxembourg Committee of the International Chamber of Commerce (ICC), as president, the Luxembourg member of the Arbitration Court of the CCI, the President of the Bar of Luxembourg, the director general of the Chamber of Commerce, and the President of the Institute of Auditors (l'Institut des Réviseurs d'Entreprises - IRE).”
No.
The place of arbitration is by default fixed at the Chamber of Commerce.
None.
Arbitrator's fees : approx. USD 35,000 (single arbitrator) + administrative costs : approx. USD 7,000
Arbitrator's fees : approx. USD 100,000 per arbitrator + administrative costs : approx. USD 12,200
Arbitrator's fees: approx. USD 200,000 per arbitrator + administrative costs: approx. USD 15,700
As a general rule, advances on costs are made by way of deposits to be paid in equal shares by the claimant(s) and the respondent(s). However, any one party may pay the whole deposit in respect of the claim or the counter-claim should the other party fail to pay its share.
Before proceeding with the preparation of the case, the sole arbitrator or the tribunal ( "the arbitral tribunal") shall draw up, on the basis of the documents submitted, or in the presence of the parties, and in the light of their most recent submissions, a document defining the Terms of Reference. After the Terms of Reference have been signed or approved by the Council, no party may make new claims falling outside the scope of the Terms of Reference unless it has been authorized to do so by the arbitral tribunal, which shall decide on whether to admit them in light of the nature of such new claims, the stage of the arbitration and other relevant circumstances.
French, German or English
The Secretariat of the Center
No.
NA
No.
No. At the request of one of the parties or if necessary on its own initiative, the arbitral tribunal, giving reasonable notice, may summon the parties to appear before the tribunal on the day and at the place of the tribunal's choice and shall so inform the Secretariat.
The arbitral tribunal shall proceed within as short a time as possible to determine the facts of the case by all appropriate means including written documents, experts reports and testimony.
Six months
The time limit within which the tribunal must render its final award is six months. Such time limit begins to run from either the date of the last signature (by the arbitrator or by the parties) of the Terms of Reference or the date of the notification to the tribunal by the Secretariat of the approval of the Terms of Reference by the Council. The Council may fix a different time limit based on the procedural timetable established by the arbitrator.
The Council may extend the time limit pursuant to a motivated request from the tribunal or on its own initiative if it deems it necessary to do so.
Before the file is transmitted to the tribunal, and in exceptional circumstances even thereafter, the parties may apply to any competent judicial authority for interim or conservatory measures, and they shall not by so doing be deemed to have infringed the agreement to arbitrate or to have thereby affected the relevant powers reserved to the arbitral tribunal. Any such application and any measures taken by the judicial authority in such context must be notified without delay to the Secretariat, which in turn informs the arbitrator thereof.
No.
No specific regulations apply.
Before signing an award, whether partial or definitive, the tribunal shall submit it in draft form to the Council. The Council may require modifications as to the form of the award and, without thereby affecting the tribunal's liberty of decision, may also draw its attention to points of substance. No award shall be signed until it has been approved by the Council as to its form.
The arbitral award shall, in addition to dealing with the merits of the case, fix and award the costs, or lay down the proportion in which the costs of the arbitration shall be borne by either party. The statement of costs is submitted for the approval of the Council, which shall ensure that the costs are fixed within reasonable limits in light of the nature of the dispute and the degree of difficulty of the claims. The Council may establish scales of costs and fees.
Domestic awards can be nullified only on the grounds which are listed in article 1244 of the Nouveau Code de Procédure civil, which are similar but not identical to the ones listed in the New York Convention, whereas the annulment of foreign awards may only occur on a reciprocal basis of the grounds foreseen by the New York Convention.