LUXEMBOURG 2

Luxembourg 2. Cour d'Appel, 28 January 1999

Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXIVa (1999)

Country
Luxembourg

Original full text
Full text decision LUXEMBOURG 2

Excerpt
Excerpt decision LUXEMBOURG 2

Topics in LUXEMBOURG 2
¶101 » Award made in the territory of another (Contracting) State (paragraphs 1 and 3 – first or "reciprocity" reservation)
¶301 » Procedure for enforcement in general
¶401 » Conditions to be fulfilled by petitioner in general
¶501 » Grounds are exhaustive
¶502 » No re-examination of the merits of the arbitral award
¶503 » Burden of proof on respondent
¶511 » “Otherwise unable to present his case”
¶512 » Ground c: Excess by arbitrator of his authority - Excess of authority
¶514 » Ground e: Award not binding, suspended or set aside - "Binding"
¶517 » “Suspended”
¶518 » Paragraph 2 - Distinction domestic–international public policy
¶601 » Adjournment of decision on enforcement
¶702 » Domestic law on enforcement of foreign award