GENERAL GUIDING PRINCIPLES: On 25th April 2023, a law came into force that reforms the Luxembourg New Civil Procedure Code in relation to arbitration (the “Law”). The Law aims to modernize and enhance the internal Luxembourg arbitration legal framework with a view to making Luxembourg a more attractive jurisdiction for international arbitration and relieving the [...]
RJ Gaito and Baker & Hostetler are representing a Luxembourg investor in an Energy Charter Treaty claim against the Republic of Slovenia before the International Centre for Settlement of Investment Disputes (ICSID). On behalf of our client Towra S.A.-SpF, we recently filed a request for arbitration against the Republic of Slovenia with the World [...]
OverviewThe EU formally acceded to the convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters in August 2022 (the “Convention”).The Convention will enter into force on 1 September 2023.To date, the Convention has been signed by Uruguay, Ukraine, Israel, Costa Rica, Russia, and the United States; only [...]
In light of ongoing events across Russia and Ukraine, several Western countries including the US, the EU, the UK and Switzerland have imposed new sanctions on Russia and Belarus related businesses significantly extending existing sanctions and export controls. The current sanctions include restrictions on several Russian financial institutions, regional embargoes, blocking measures, sovereign debt [...]
Introduction: Article 37 of GDPR requires the appointment of a Data Protection Officer (“DPO”). The appointment of a DPO is a critical compliance requirement and recent decisions of the Luxembourg Data Protection Commission (a.k.a the “CNPD”) illustrate the implications of a failure to appoint a DPO, as well as the failure to adhere to GDPR’s [...]
GENERAL GUIDING PRINCIPLES: Modernization of the Luxembourg civil and commercial judicial rules. Revaluations of the court thresholds. The lower courts (“juge de paix”) have jurisdiction in civil and commercial cases for up to EUR 15,000. Restrictions on appeal. All judgments below EUR 2,000 are non-appealable. Procedural changes. Appeals from the lower courts will follow the [...]
Overview Within the framework of European Union (EU) Regulations, the recognition and the execution of judicial decisions rendered by the courts of the EU Member States was greatly simplified. Pursuant to Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012, on jurisdiction and the recognition and enforcement of judgments in [...]
