Luxembourg: Arbitration & Dispute Resolution

The Court of Appeal of the Unified Patent Court recently issued a decision examining whether omitting an elastomeric sealing member from a patent claim constitutes added matter, applying the EPO's "gold standard" test while emphasizing the importance of functional and structural relationships between features. The ruling provides crucial insight into how the UPC approaches intermediate generalizations and whether its methodology differs from the notoriously strict EPO practice on added subject-matter.

The Court of Appeal of the Unified Patent Court addresses the procedural requirements for obtaining suspensive effect when filing an application for rehearing under Article 81(2) UPCA. The decision clarifies that suspensive effect is not automatic and requires independent substantiation beyond the grounds for rehearing itself, with applicants needing to demonstrate concrete, irreparable prejudice to justify departure from the default rule of continued enforceability.

The Court of Appeal in Luxembourg addresses critical procedural questions regarding the suspension of first-instance proceedings during appeals of preliminary objection rejections under the Unified Patent Court Agreement. The decision examines whether exceptional circumstances warrant staying proceedings and clarifies the court's authority to conditionally add interveners as parties to ensure counterclaim admissibility.

In recent years, the time and resources dedicated to post-award issues, including defending against challenges to awards and the necessity to have awards recognised and enforced abroad...

As of 1 July 2025, the Hague Convention of 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the "2019 Hague Convention") entered into force for the UK.

Im April 2025 trat das Gesetz zur Stärkung des Justizstandorts Deutschland durch die Einführung von Commercial Courts und der Gerichtssprache Englisch in der Zivilgerichtsbarkeit (Justizstandort-Stärkungsgesetz) in Kraft.

On 23 March 2023, the Luxembourg Chamber of Deputies unanimously approved the new Luxembourg arbitration law, subsequently published in the Memorial on 19 April 2023...

On 23 March 2023, Luxembourg adopted Bill 7671 on the reform of arbitration, which completely recasts the provisions of the New Code of Civil Procedure relating to arbitration, which had remained virtually...

On 23 March 2023, the Luxembourg Parliament voted to modernize and update the arbitration law, applicable to arbitrations seated in Luxembourg.