MOLITOR Avocats à la Cour

Practical law multi-jurisdictional guide 2013–14: Dispute resolution — Luxembourg

By Michel Molitor

The leading dispute resolution method is court litigation. In civil and commercial matters, the Luxembourg judiciary system is broadly adversarial. The parties, especially the claimant, have a control over the extent and the progress of the trial. However, courts also play an active role; they are responsible for making sure that the trial proceeds correctly (including within appropriate time-frames) and for trying the claims according to the applicable legal rule.

Any party must evidence the facts on which it bases its claim or its defence. The law does not define any standard of proof. In practice, courts tend to use the standard of proof beyond a reasonable doubt.

Arbitration and mediation methods are becoming more useful for commercial matters, particularly for cross-border disputes…

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