Arbitration is a method of dispute resolution that can be agreed by the parties to the dispute before or after a dispute arises. By declaring an arbitration tribunal to have jurisdiction, they exclude state courts from the decision and thus opt out of state jurisdiction. This can generate several benefits.

As an internationally recognized financial centre for arbitration proceedings, Liechtenstein offers optimal conditions for making full use of the advantages of arbitration proceedings:

• Arbitration proceedings are quick: there is no need to go through multiple levels of proceedings or referrals from higher courts

• Technical expertise of the arbitrators: Arbitration tribunals can be staffed with proven experts who have the specialized knowledge and experience often required in complex international disputes.

• Arbitration procedures allow more flexibility: Depending on the requirements of the parties in the arbitration agreement, the arbitral tribunal can meet at any convenient location, hear witnesses in person or via video conference and negotiate in any language imaginable.

• Arbitration proceedings are confidential: The proceedings are not public and the awards are not published.

• Arbitral awards are enforceable almost worldwide: Arbitral awards from an arbitral tribunal based in Liechtenstein can be enforced in all member states of the New York Convention, i.e., currently in 157 countries.
  
  
  
  

Model arbitration clauses (pdf)
Model arbitration clauses (doc)

As an arbitration forum for international legal disputes, Liechtenstein offers ideal conditions. Though located in the middle of the Alps, it is still easily accessible. From Zurich Airport you can get to Liechtenstein in around an hour, from Altenrhein Airport in just 20 minutes. It is also connected to the long-distance train network via the Buchs (CH) and Feldkirch (AT) train stations and is also easily accessible by car.

With the complete revision of the arbitration procedure in 2010, Liechtenstein aligned its arbitration law with the Model Law on International Commercial Arbitration («UNCITRAL Modellgesetz») and thus aligned itself with internationally recognized standards. The Supreme Court is the only competent authority that can set aside an arbitration award, which means that an appeal proceeding can be decided in a few months. The Liechtenstein Rules are particularly suitable for arbitration proceedings in corporations, foundations and trusts, in order to maintain maximum confidentiality.

The Liechtenstein Rules are arbitration rules that were drawn up by the Liechtenstein Chamber of Commerce and Industry specifically for the implementation of confidential proceedings. They can be agreed for international as well as for national proceedings and for arbitration tribunals domiciled abroad as well as those domiciled domestically. With 32 articles, the Liechtenstein Rules are, in contrast to other arbitration rules, short, clear and easy to understand. The simplicity of the procedure is a key point of the Arbitration Rules. For example, there is a minimal obligation to publish and only one exchange of documents. This speeds up the process considerably.

The Liechtenstein Rules attach particular importance to confidentiality. All parties involved in the arbitration are bound to the strictest confidentiality. The arbitration rules also contain various procedural clauses, which ensure the greatest possible level of discretion in the conduct of the proceedings. Furthermore, care was taken to keep the procedural costs at a reasonable level relative to the amount in dispute. The Cost Schedule of the Liechtenstein Rules is based on that of the Swiss Rules, but the amounts are about 15% lower.

The Liechtenstein Rules are therefore particularly suitable for use in disputes relating to foundation and trust law. In general, the combination of many years of experience in Liechtenstein with so-called «private clients» and the special design of the Liechtenstein Rules offers ideal conditions for efficient arbitration proceedings in these areas.

Liechtenstein Rules (PDF)

The LIS currently counts the following among its members:

Interested national and international arbitration practitioners who pursue the goals of the association with interest, bring relevant professional qualifications and have several years of professional experience in the field of arbitration (Art. 9 of the By-laws). The Executive Board provisionally decides on the admission of new members. The decision on definitive membership is reserved for the next General Assembly of the Members following the Executive Board’s decision. Applications for new memberships can be sent to the email address info@lis.li, addressed to the Executive Board. The processing of a request for admission requires either a corresponding invitation from the Executive Board or a statement of support from three existing members. In the latter case, these three members must already be named in the application. The decision of the responsible organs of the association will then be communicated to the respective applicant in due course. The annual membership fee is CHF 550.00 for residents and CHF 100.00 for foreigners.

Publications

1. Das neue Schiedsverfahren in Liechtenstein und die Auswirkungen in der Stiftungspraxis

2. Das Neue Schiedsverfahrensrecht in Liechtenstein

3. Die Bestimmung des auf die Schiedsvereinbarung anzuwendenden Rechts

4. Streitigkeiten mit Stiftungen und Trusts – Schiedsgerichtsbarkeit eine Alternative

5. Arbitration of Foundation and Trust Disputes in Liechtenstein

6. Michael Nueber, Vollstreckung ausländischer Schiedssprüche in Liechtenstein, LJZ

7. Deixler-Hübner/Nueber/Schauer, Private Client Arbitration – Familienvermögen und Schiedsgerichtsbarkeit Österreich / Liechtenstein (2020), Verlag Linde

8. Michael Nueber, Besonderheiten des Schiedsverfahrens in Liechtenstein, in Czernich/Deixler-Hübner/Schauer, Handbuch Schiedsrecht (2018), Manz Verlag

9. Nicolas Reithner, Schiedsverfahren, in Schumacher, Handbuch Liechtensteinische Zivilprozessrecht (2020), Manz Verlag

10. Manuel Walser, Rechtskraft von Schiedssprüchen in Liechtenstein, LJZ 2016, 68

11. Manuel Walser, Schiedsfähigkeit im liechtensteinischen Recht (2018), Schulthess Verlag, NWV Verlag

12. Manuel Walser, Sitz des Schiedsgerichts im liechtensteinischen Recht (2019), Schulthess Verlag, NWV Verlag

Downloads

1. Schedule of the costs of arbitration

2. Model arbitration clauses (pdf)

3. Model arbitration clauses (doc)

4. Bylaws

5. Das neue Schiedsverfahrensrecht in Liechtenstein

6. New Yorker Schiedsübereinkommen 2011

7. Tarife Schiedsverfahren

8. Liechtensteinische Schiedsordnung

Links

1. Liechtensteinische Schiedsordnung

2. Liechtenstein Chamber of Commerce and Industry

The Liechtenstein Arbitration Association (LIS) is a non-commercial organization of members who regularly deal with questions about arbitration in their everyday work. In this respect, the current membership covers a representative cross-section of legal and trusteeship firms operating in Liechtenstein as well as international practitioners and academics. Membership is fundamentally open to all interested persons nationally and internationally, provided they identify with the goals of the association and have the appropriate professional qualifications, including professional experience in the field of arbitration.

Membership applications can be directed to the Executive Board under the heading specially created on this page.

The commissioner is appointed by the LCCI Office specifically for a specific arbitration procedure. He or she can remove biased arbitrators or replace arbitrators who are no longer fulfilling their obligations.

The LCCI appoints a secretary for arbitration and two deputies, who together comprise the Office. This is staffed by the LCCI with independent, legally qualified or otherwise suitable persons, who are preferably not representatives of professional parties (lawyers, trustees, patent attorneys, tax consultants, etc.).

You can obtain further information about the Liechtenstein Arbitral Tribunal from the Office at the following address:

Liechtensteinischer Schiedsverein
Feldkircher Strasse 31
LI-9494 Schaan

Tel.: +423 237 23 90
E-Mail: info@lis.li