Dispute resolution in Luxembourg

Arendt & Medernach

Instructed on a standalone basis, as well as effectively able to leverage the firm's overarching institutional client base - particularly in the funds and financial services sectors - the 'exceptional' three-partner team at Arendt & Medernach provides a 'hands-on' approach to litigation. The 'exceptional' Clara Mara-Marhuenda has 'huge experience and outstanding knowledge' on procedural matters, as well as the substantive law underlying disputes relating to complex cross-border corporate and finance disputes.  'Thorough, professional and experienced' team head François Kremer excels at handling international white-collar and corporate litigation, often where asset tracing is required. Christian Point provides 'well balanced and viable' advice to clients engaged in litigation in the real estate sector.

Practice head(s):

François Kremer

Other key lawyers:

Christian Point; Clara Mara-Marhuenda; Philippe-Emmanuel Partsch; Philippe Dupont; Thierry Lesage

Testimonials

‘It is an exceptional team.’

The team is highly qualified, helpful and understands the client’s needs.’

‘Sober professionals with a hands-on approach. They deliver high quality submissions and present them to the court.’

Clara Mara-Marhuenda delivers clear and concise answers and results. Clara is also very good in technicalities of the procedural aspects of litigation.’

‘The exceptional Clara Mara-Marhuenda is very reactive, has huge experience and outstanding knowledge.’

Francois Kremer is thorough, professional and experienced – he knows what will and won’t work in Luxembourg.’

Work highlights

  • Provide ongoing advice and representation of custodian banks in the Madoff case.
  • Assisting a trustee of an American company in Chapter 11 proceedings, in a major international financial fraud case involving at least approximately $320m.
  • Representing an entity that is part of a large group active in the field of renewable energy. Following a foreign arbitral award, the client is entitled to approximately €2m damages.

BSP

Drawing upon a ‘good knowledge of how the Luxembourg system works‘, the ‘strong disputes practice’ at BSP provides ‘responsive and very client friendly’ advice to clients engaged in complex financial and corporate litigation. ‘Hugely experienced and imaginative’ team head Fabio Trevisan takes the lead on much of the highest profile mandates handled by the team and is particularly well regarded in relation to international arbitration matters, including on matters regarding the enforceability of judgments in Luxembourg. The ‘extremely responsive and very analytical’ Laure-Hélène Gaicio-Fievez is also a key member of the team and is noted for aptitude in handling corporate, finance and real estate-related disputes throughout the process from pre-litigation to the enforcement of the decision obtained.

Practice head(s):

Fabio Trevisan

Other key lawyers:

Anne Morel; Laure-Hélène Gaicio Fievez; Hervé Michel; Elodie Vincent; Audrey Risser; Harmonie Méraud; Magedeline Mounir; Carolina Vasselli; Pauline Wirtzler; Alexeji Nickels; Alexandra Simon

Testimonials

‘The lawyers are determined, responsive and very client friendly.’

It is a strong disputes practice with good knowledge of how the Luxembourg system works.’

What I like most about Fabio Trevisan are his experience, practicality and availability.’

‘Fabio Trevisan is a quick thinker with a strong client focus. Fabio excels in complex cross-border matters, especially international arbitration and related litigation.’

‘Fabio Trevisan is hugely experienced and imaginative in his approach.’

‘Laure-Hélène Gaicio-Fievez is excellent in international private law and related issues. We’ve worked with Laure-Hélène in arbitration related matters, and her knowledge and responsiveness were very convincing.’

‘Laure-Helene Gaicio-Fievez is extremely responsive and very analytical – a great legal mind providing an excellent service.’

 

Key clients

Novalpina

Central Bank of the Islamic Republic of Iran

Islamic Republic of Iran

Viorel MICULA

Republic of Kazakhstan

Work highlights

    Clifford Chance

    The 'small but efficient and responsive' team at Clifford Chance often works closely with other complementary practice areas to provide a 'very strategic' view to public and private sector clients on complex domestic and multi-jurisdictional disputes where it is praised for its ability to provide a '360° view on matters'. 'Very knowledgeable and pragmatic' team head Albert Moro has 'a deep knowledge of the Luxembourg legal and commercial landscape', and regularly takes the lead on complex contractual disputes relating to the investment fund sector. Olivier Poelmans sadly passed away in May 2021.

    Practice head(s):

    Albert Moro

    Other key lawyers:

    Ada Schmitt; Sébastien Schmitz; Alma Custovic

    Testimonials

    ‘The litigation team is small but efficient and responsive.’

    ‘The team is very strategic, has deep knowledge and feeling on matters, and is able to take a 360° view on matters.’

    Albert Moro has a deep knowledge of the Luxembourg legal and commercial landscape.’

    ‘Albert Moro is very knowledgeable and pragmatic.’

    Work highlights

      Elvinger Hoss Prussen

      Headed by Marc Elvinger and Pierre Elvinger , recognised as 'two of the best litigators in Luxembourg', Elvinger Hoss Prussen's partner-led team provides a 'very professional and reactive service' to clients engaged in a wide range of domestic and multi-jurisdictional corporate, commercial, civil and administrative litigation. Particular areas of expertise include shareholder and contractual disputes, as well as enforcement proceedings and recovery claims. Combining great subject matter and regulatory expertise with strong litigation instincts, Elisabeth Omes  is also a key member of the team, particuarly as it relates to banking and finance disputes. 

      Practice head(s):

      Marc Elvinger; Pierre Elvinger

      Other key lawyers:

      Léon Gloden; Elisabeth Omes; Michel Nickels; Florence Apostolou

      Testimonials

      ‘The team provides a very professional and reactive service.’

      ‘A very well-regarded firm, and rightly so. In my view, the leading litigation firm in Luxembourg. Not the biggest but the right size to combine sufficient resource with partner-led advice.’

      ‘They understand what sophisticated clients need.’

      ‘Pierre Elvinger is very knowledgeable and provides objective and realistic advice.’

      Marc and Pierre Elvinger are two of the best litigators in Luxembourg.’

       

      Key clients

      Kiercherfong

      Société momentanée LUXEOps – c/ RSS

      Work highlights

      • Assisted the Kierchefong in an action that was initiated against the Association requesting the annulment of certain lease agreements which were entered into between the Association and the former Church Factory of Hollerich as well as between the Association and former lessors of the Church Factory of Hollerich in order to recover the payment of the rents.
      • Successfully represented the “société momentanée” LUXEOps in a public procurement dispute before the President of the administrative tribunal in interim proceedings, regarding the award by the State to LUXEOps of a public procurement contract in the field of the ground segment of an Earth-observation satellite system.

      KLEYR GRASSO

      Drawing upon ‘a very good knowledge of the Luxembourgish market’, KLEYR GRASSO provides a ‘very skilled’ offering to local and international clients across a diverse mix of disputes, involving conventional litigation strategies as well as arbitration. Particular strengths include contentious corporate, finance and insolvency matters, with the firm benefiting from strong advocacy experience before the courts, as well as willingness to settle and avoid unnecessarily high costs, should the terms be correct for the client. Donata Grasso is ‘always pleasant to deal with and demonstrates a great attention to the details’, including on document heavy cases relating to shareholder dispute and banking liability cases. Other recommended partners include Rosario Grasso for white-collar matters; Marc Kleyr for insolvency-related disputes; and Pascal Sassel for corporate and finance disputes.

      Practice head(s):

      Marc Kleyr; Donata Grasso; Pascal Sassel; Rosario Grasso

      Other key lawyers:

      Henry De Ron

      Testimonials

      ‘The firm has a very good knowledge of the Luxembourgish market and is very skilled in disputes. They perfectly understand clients’ needs and are very responsive.’

      ‘The experienced Donata Grasso is always very pleasant to work with and demonstrates a great attention to the details.’

      Key clients

      Galapagos

      Aerobic MidCo S.àr.l.

      A&G Banca Privada SAU

      Stofnar ehf

      Work highlights

      • Defending Luxembourg entities of the Triton Group, in proceedings brought inter alia before the Luxembourg courts following the completion of a €1bn multi-jurisdictional financial restructuring of the Luxembourg-incorporated industrial group Galapagos.
      • Successfully defended the interest of Aerobic MidCo S.àr.l. in proceedings brought before the Luxembourg courts by a dissenting investor claiming over €8m.
      • Defending A&G Banca Privada SAU as an €18m investor in Luxembourg Life Fund.

      Linklaters

      Acting on its own as well as frequently in harness with lawyers throughout the firm’s extensive international network, Linklaters is ‘customer oriented and displays a collaborative approach’ across a range of domestic and multijurisdictional disputes, including as it relates to the enforcement of foreign judgments. The financial services and asset management sectors are particular fertile sources of instructions, including in relation to allegations of fraud, mismanagement and shareholder disputes. Team head Guy Loesch has ‘high technical skills and a strategic mind’ leaves no stone unturned in relation to both the procedural and substantive arguments relating to complex banking shareholder and insolvency disputes, in particular. Senior associate Katrien Baetens is particularly accomplished at advising clients engaged in financial services disputes where she is able to call upon experiences derived from practice as well as in-house at a bank in Brussels.

      Practice head(s):

      Guy Loesch

      Other key lawyers:

      Katrien Baetens; Louis-Eudes Giroux

      Testimonials

      The team is customer oriented and displays a collaborative approach.’

      ‘The team demonstrates a comprehensive knowledge and high technical skills. The lawyers work skilfully and diligently.’

      Guy Loesch is a great litigator. He manages the case with high technical skills and a strategic mind. He develops both procedural and substantive arguments, leaving no stone unturned.’

      Key clients

      Caixa Geral de Depositos, S.A.

      Propertize B.V.

      Enel

      CC/Devas (Mauritius) Ltd., Devas Employees Mauritius Private Ltd., and Telcom Devas Mauritius Ltd.

      Devas Multimedia America, Inc.

      Work highlights

      • Representing Devas Multimedia America, Inc. in cross-border enforcement proceedings across the Benelux of a $562.5m arbitral award (the “ICC Award”) rendered against Antrix Corporation Limited relating to the cancellation of a lease agreement in the telecommunications sector.
      • Representing Italian power company Enel in its challenge of an ex-parte exequatur order to prevent a ruling of an Albanian Court obtained by the Albanian company Albania Beg Ambient becoming enforceable in Luxembourg.
      • Representing the Portuguese state-owned bank, Caixa Geral de Depósitos, in a criminal matter and subsequent civil proceedings issued as a result of the embezzlement of several million euros by an ex-employee.

      Loyens & Loeff

      Drawing upon deep subject matter knowledge across a range of practice areas, including investment funds, tax, corporate and banking, as well as procedural and strategic prowess developed over many years' experience defending and bringing claims before the local courts, Loyens & Loeff is well-positioned to represent clients across a broad swathe of domestic and international arbitration and litigation. The 'very responsive' is particularly well-versed in handling corporate, finance and insolvency litigation and heads up the team that also includes white collar and corporate litigation expert Henri Dupong.

      Practice head(s):

      Véronique Hoffeld

      Other key lawyers:

      Sabrina Martin; Henri Dupong; Farah Jeraj; Olivier Marquais

      Testimonials

      ‘Veronique Hoffeld is very responsive, transparent and unafraid to say no to the clients when appropriate.’

      Key clients

      Ad hoc group of creditors to Intelsat Corporation

      Amazon.com, Inc.

      Former Directors of the LUXALPHA and LIF fund (“Madoff” Case)

      Galapagos BidCo S.à r.l.

      European Investment Bank

      Work highlights

      • Led the arguments of the ad hoc group of junior creditors in the Intelsat Chapter 11 case in the New York courts.
      • Represented investors in major renewable energy infrastructure projects in relation with the multi jurisdiction enforcement of an ICSID award rendered against Albania
      • Advised an Asian manufacturer of building materials and housing equipment on a €450m accounting fraud litigation.

      MOLITOR Avocats à la Cour SARL

      Benefiting from a 'very good practical experience of the Courts' as a result of many years' experience in the field, the 'incredibly user-friendly' six-partner team at MOLITOR Avocats à la Cour SARL is able to 'provide useful tactical insight of the Luxembourg legal system', ensuring that clients are well served in often complex corporate and financial disputes. Paulo Lopes Da Silva  is  'authoritative, considered and experienced', and is particularly accomplished at providing the relevant Luxembourg law related advice on multi-jurisdictional disputes. Da Silva co-heads the team alongside 'outstanding' managing partner Michel Molitor, who combines wide-ranging subject matter expertise in areas including banking, corporate and insurance, with deep practical expertise and knowledge of the procedural rules pursuant to Luxembourg-based litigation. Armel Waisse  is also pivotal to the firm's success in the space, as is the 'business-oriented' Philippe Thiebaud , who is particularly skilled at handling funds and insolvency-related disputes.

      Practice head(s):

      Michel Molitor; Paulo Lopes Da Silva

      Other key lawyers:

      Armel Waisse; Jacques Wolter; Philippe Thiebaud; François Cautaerts

      Testimonials

      ‘The team has very good practical experience of the Courts, the law and potential avenues that render them very capable solutions-led advisers. They provide useful tactical insight of the Luxembourg legal system that is invaluable for cross-border analysis.’

      ‘They are incredibly user-friendly. They are very competent and know perfectly the market.’

      ‘The outstanding Michel Molitor’s ability to quickly grasp the essence of a case or situation allows him to provide you with the answer you are looking for but allows him also to steer a process into the right direction without delay.’

      ‘Paolo Lopes da Silva is authoritative, considered and experienced.’ 

      Philippe Thiebaud is a great professional in the field of bankruptcy and management of Luxembourg funds in liquidation, he handles complex proceedings at the international level ranging from bankruptcy, financial and corporate law.’

      ‘Philippe Thiebaud is brilliant, efficient and proactive.’

      Work highlights

        Thewes & Reuter

        Under the leadership of Marc ThewesThewes & Reuter has developed a particularly strong reputation advising on public sector-related disputes, including in the context of public procurement challenges. As well as continuing to represent the State of Luxembourg in a case connected to the “Luxleaks” scandal, Thewes has also begun to pick up more work for local authorities and municipalities. Pierre Reuter co-heads the overarching litigation department and is responsible for overseeing the firm’s workflow for private sector clients in relation to financial services disputes.

        Practice head(s):

        Marc Thewes; Pierre Reuter

        Other key lawyers:

        Luc Tecqmenne; Anne Charton; Laurent Welter

        Testimonials

        It is a human size law firm that provides a cost-effective service and is dedicated to its clients.’

        Key clients

        LuxLeaks case

        Luxembourg Police Force

        City of Bettembourg

        JCDecaux

        Spectra

        POST Luxembourg

        Emile Mayrisch Hospital

        University of Luxembourg

        SNHBN (Public sector building company)

        Vandivinit (Public transport contracts)

        Work highlights

        • Representation of the State of Luxembourg, in the Halet v Luxembourg case – a case linked the so-called “Luxleaks” scandal – before Grand Chamber of the European Court for Human Rights.
        • Advised Luxembourg Police Force in a number of public procurement disputes relating both to the supply of police equipment (e.g. weapons, armour, specialised software), which is subject to specific purchasing requirements, and more standard supplies (e.g. cars, office equipment, unforms, etc.).
        • Advised the municipality of Bettembourg on pending cases in court, mainly dealing with urban planning disputes.

        Allen & Overy Luxembourg

        The 'responsive, sharp and goal oriented' team at Allen & Overy Luxembourg provides a 'very good service' to financial services clients, in particular, across a range of litigation and regulatory investigations. Appreciated for his 'responsive and pragmatic' approach, team head Thomas Berger, who was recently promoted to partner, has 'deep industry knowledge', ensuring that he is conversant with the commercial realities and practical considerations of banks and asset managers facing often reputational threatening litigation.

        Practice head(s):

        Thomas Berger

        Testimonials

        ‘The team is responsive, sharp and goal oriented.’

        ‘Allen & Overy provides us with very good service. The team understand our business and is very knowledgeable and professional.’

        ‘The excellent Thomas Berger has a practical approach to things, open for discussion but strict enough towards the client’s wishes when those are detrimental to the result.’

        Work highlights

          Bonn & Schmitt

          Independent Luxembourg firm Bonn & Schmitt provides 'high-quality advice' to clients engaged in administrative, civil and criminal disputes, where as well as receiving direct instructions is also regularly referred work to it by international law firms. Alex Schmitt has deep knowledge of the financial services sector and regularly takes the lead, alongside Alain Grosjean , on significant disputes affecting banks and funds, including in the context of insolvency and enforcement proceedings. Grosjean is also adept at handling employment and IP litigation.

          Practice head(s):

          Alex Schmitt; Alain Grosjean; Cédric Bellwald; Gabriel Bleser; Pol Steinhauser

          Other key lawyers:

          Simon Malterre; Elena Arno; Giulia Jaeger

          Testimonials

          ‘The team is very responsive and provides high-quality advice.’

          Key clients

          EAM SOLAR ASA

          Work highlights

            Brucher Thieltgen & Partners

            Led by Marie Bena , the 'very responsive and approachable' team at Brucher Thieltgen & Partners provides 'pragmatic and thoughtful advice' to domestic and international clients across a range of commercial, employment and real estate disputes, where clients are appreciative not only of its litigation skills but also its lawyers' willingness to 'propose other routes than litigation if possible'. Drawing upon a ' broad knowledge of Luxembourg law', Nicolas Thieltgen combines strong analytical skills and an empathetic approach to ensure excellent results for clients engaged in banking and finance and shareholders litigation.

            Practice head(s):

            Marie Bena

            Other key lawyers:

            Nicolas Thieltgen; Anne-Marie Ka; Philippe Sylvestre

            Testimonials

            ‘It is a responsive and dynamic law firm that is happy to propose other routes than litigation if possible.’  

             ‘The team is very approachable and responsive and provides pragmatic and thoughtful advice.’

            ‘Nicolas Thieltgen is a standout partner, whom I have worked with, in his capacity of litigator and expert of civil Luxembourg law.’

            Nicolas Thieltgen is happy to provide assistance with any kind of litigation/pre-litigation and to give advice on issues which will not end with his firm. He has a broad knowledge of Luxembourg law.’ 

            Nicolas Thieltgen’s analytical skills and profound knowledge in civil, commercial and banking law matters, combined with the personal empathy enabling conflict resolution in litigation matters.’

            Key clients

            Bionext Lab

            Work highlights

              NautaDutilh

              The 'hardworking, diligent and very responsive' team at NautaDutilh has a strong and growing reputation for handling commercial litigation, both directly on behalf of clients, as well as in the context of law firm referral work. Antoine Laniez has a strong grounding in conventional litigation and arbitration, ensuring that he is well-placed to provide effective advice to domestic and international entities in relation to shareholder disputes, the enforcement of arbitration awards, and on pledge enforcement for creditors in insolvency matters. Praised for his 'quick reasoning skills', Vincent Wellens regularly handles litigation arising from his overarching IT and IP practice.

              Practice head(s):

              Antoine Laniez; Vincent Wellens

              Other key lawyers:

              Florence Remouchamps

              Testimonials

              They are a good team, hardworking, diligent and very responsive.’

              ‘Vincent Wellens is a great orator and has quick reasoning skills.’

              Key clients

              Luxembourg State (ministry of public works and mobility)

              Dussman

              Volkswagen / Skoda

              Zurich Insurance

              Leidos

              Bahlsen

              Engie-Cofely

              Stati

              Goodyear

              Chemin de Fer Luxembourgeois (Groupe CFL)

              ABN AMRO

              Aperam

              Norax

              Work highlights

              • Representing two foreign investors in the enforcement of a $500m arbitral award rendered against Kazakhstan and in securing attachments in Luxembourg, Belgium, the Netherlands and other jurisdictions in relation thereto.
              • Assisting Zurich Insurance in a dispute in relation to the Luxembourg Chamber of Commerce construction involving a dozen parties.
              • Acting for Bahlsen in three appeal procedures before the Luxembourg administrative courts against three decisions of the Luxembourg Competition Council.

              Baker McKenzie

              Since the arrival of Annie Elfassi  several years ago from Loyens & Loeff, Baker McKenzie has made considerable strides in the litigation space and is well-placed to handle cross-border disputes by virtue of its ability to call upon resources across its international network. Appreciated for her 'great analytical skills and humility', Elfassi is particularly adept at handling shareholder litigation.

              Practice head(s):

              Annie Elfassi

              Other key lawyers:

              Johann Bensimon; Merona Gehbrhiwet

              Testimonials

              ‘Annie Elfassi demonstrates a perfect knowledge of the subject matter and displays great analytical skills and humility.’

              Work highlights

                DLA Piper Luxembourg

                Although it is still in its formative stages, having only been formally launched in January 2021, DLA Piper Luxembourg has already picked up some notable commercial and administrative litigation mandates, either acting on its own or in collaboration with litigators across the firm's global network. The 'very intelligent and creative' Oliver Reisch heads up the team that includes senior associate Amin Bouazza, who is noted for his 'great ability to think out of the box and find creative solutions in complex issues’. 

                Practice head(s):

                Olivier Reisch

                Other key lawyers:

                Carole Rhein; Amin Bouazza

                Testimonials

                ‘The team is effective, reactive and knowledgeable.’

                ‘The team is pleasant, co-operative and solutions-driven.’

                 ‘The team is friendly, professional, committed, and extremely available.’

                Key clients

                Generali

                HANSAINVEST Real Assets GmbH

                FTI Consulting

                NH Hotels

                Paragon Customer Communications

                Teqball Holding S.à r.l.

                Work highlights

                • Advised HANSAINVEST Real Assets GmbH, a German real estate investment manager, on an administrative issue with the municipality of the City of Luxembourg and successfully resolved the client’s queries by negotiating with the administration.
                • Advising worldwide hotel group NH Hotels across a range of matters, including an expropriation procedure related to the extension of the Luxembourg City tramway.

                DSM Avocats à la Cour

                At DSM Avocats à la Cour, team head Mario Di Stefano provides ‘responsive, very hands-on and detail oriented’ advice to clients across a range of commercial disputes, including in the context of contentious real estate and construction matters.

                Practice head(s):

                Mario Di Stefano

                Testimonials

                ‘They understand the business rationale behind the dispute and what is at stake and put the necessary efforts on the case.’

                ‘Mario Di Stefano is responsive, very hands-on and detail oriented.’

                Key clients

                Rizzani de Eccher

                Patrimundi 1869

                Laboratoires Réunis Luxembourg

                ICN

                EuroCaution

                PM International

                Landimmo

                Wagner Group

                Groupe Rollinger

                Fiduciary Tucci & Partners

                C²Pharma

                TRALUX

                IKO Real Estate

                P&P Promotions

                Work highlights

                • Representing a major construction company in a dispute with a sub-contracting company.
                • Defending Laboratoires Réunis on a highly mediatized case.
                • Representing a Luxembourgish real estate developer before Luxembourg administrative tribunal following an administrative decision proposing to designate some buildings as historical monuments.

                Luther S.A.

                At Luther S.A., team head Mathieu Laurent has particular strength handling commercial litigation arising in the asset management sector, both for funds, as well as high-ranking employees. As well as handling domestic mandates, the team is also adept at advising clients on disputes with a nexus to Germany, where it is able to leverage significant resources on the ground in several key locations.

                Practice head(s):

                Mathieu Laurent

                Other key lawyers:

                Marie Sinniger; Robert Goerend; Marie Romero; Raphaël Schindler

                Work highlights