Dispute resolution in Luxembourg
Benefiting from 'excellent all-round strength' across the spectrum of business litigation, Arendt & Medernach's 'longstanding local stature is invaluable when trying to get matters progressed through the courts or the regulators'. 'A good strategist and top-class advocate', team head François Kremer has a peerless reputation in the market for international disputes, particularly in relation to asset tracing, white-collar criminal law and corporate disputes. Other recommended practitioners include Christian Point, who excels in handling litigation related to insurance and liability claims, and Clara Mara-Marhuenda, who has a focus on handling corporate and finance disputes.
‘I consider Arendt & Medernach to be the leading disputes practice in Luxembourg.‘
‘Rather than requesting you for the relevant information and taking care of it themselves, the lawyers at the firm will actively involve you and ask for your feedback.‘
‘François Kremer is the best litigator in Luxembourg.‘
‘François Kremer’s court room experience shone through and he was really persuasive in his testimony.‘
De Brauw Blackstone Westbroek
Debevoise & Plimpton
Freshfields Bruckhaus Deringer LLP
Gide Loyrette Nouel A.A.R.P.I.
Herbert Smith Freehills
- Representing an investment group in a dispute relating to the enforcement of a pledge over the Luxembourg holding company of the French restaurant chain Courtepaille, spanning a number a conservatory proceedings in Luxembourg and France.
- Representing an Italian bank in a declaratory action introduced in the Luxembourg courts by a bondholder representative.
- Defending Clearstream in litigation before the Luxembourg courts against the Central Bank of Iran pertaining to assets worth approximately $4.9bn.
Representing clients in domestic and complex cross-border mandates, Clifford Chance is a prominent player in the market, particularly for banks, insurance companies and funds. Headed by the 'experienced' Albert Moro , and also benefiting from significant expertise at a counsel and associate level - including Olivier Poelmans - the team not only excels at handling litigation and arbitration but also works with other departments to ensure risk management procedures are put in place on the front end of deals to minimise the risk of litigation at a later stage.
Elvinger Hoss Prussen provides a 'very high-quality service' to clients across the bandwidth of corporate, commercial, civil and administrative disputes. Often drawing upon the substantive law expertise of practitioners in the finance, corporate and funds areas, the team provides a 'commercial and pragmatic' service to corporates and financial services entities, both in domestic and multi-jurisdictional cases. Key practitioners in the team include Marc Elvinger, who regularly handles enforcement mandates and liquidation disputes, and Pierre Elvinger, whose work spans commercial, civil and employment litigation.
‘The partners provide a very high-quality service.‘
UBS Fund Services
- Represented a sovereign fund in the enforcement in Luxembourg of a foreign arbitral award.
- Represents various UBS entities in a number of disputes brought before the Luxembourg courts by the liquidators of and investors in investment funds impacted by the Madoff fraud.
Under the leadership of the 'outstanding and knowledgeable' Marc Kleyr, KLEYR GRASSO provides 'precise and efficient' advice to local and international corporates, state entities and financial services clients on complex business and commercial disputes, including shareholder litigation. Benefiting from the expertise of six partners with a focus on litigation, the firm's work extends beyond corporate disputes, to also include a significant flow of real estate, administrative and employment litigation. Pascal Sassel provides 'insightful advice' to clients, particularly as it relates to corporate finance and insolvency disputes and is a key member of the team that also includes 'the very knowledgeable' François Collot, whose primary focus is on real estate and construction cases.
‘The team is very professional and empathetic.‘
‘The availability and experience of the team is a strength and very valuable for clients.‘
‘The sharp and experienced Marc Kleyr has a smart and pragmatic approach on complex cross-border issues.‘
‘François Collot has deep knowledge and provides very appropriate advice on litigation and contractual matters.‘
IKODOMOS HOLDING SPF
HITEC Luxembourg S.A.
Ministère du Développement Durable et des Infrastructures
MITSUBISHI UFJ INVESTOR SERVICES & BANKING (LUXEMBOURG)
- Successfully defended Ikodomos Holding in a major shareholder dispute.
- Successfully defended Hitec Luxembourg against a minority shareholder action launched before the Luxembourg commercial court in 2016 and settled in 2019.
- Representing the Ministère du Développement Durable et des Infrastructures (Ministry of Sustainability and Infrastructures) in relation to the ‘Dieselgate’ scandal.
Led by 'excellent litigator' Guy Loesch, Linklaters' five-strong team specialises in acting for financial services clients and large multinational corporates in high-stakes banking liability, shareholder disputes and general commercial litigation matters. Loesch benefits from 'expert knowledge of the applicable legislation and the prevailing case law', and is at the forefront of the highest-profile matters handled by the team, including an increased flow of fraud and regulatory investigations impacting financial services entities. 'Knowledgeable, proactive and solution-oriented' managing associate Katrien Baetens is gaining increased market recognition across a range of commercial litigation and arbitration and has also regularly worked alongside Loesch in relation to the firm's financial services sanctions-related mandates.
‘The team provides sensible and commercial advice.‘
- Representing Propertize in a largely publicly debated criminal matter.
- Representing Enel Luxembourg in challenging an ex-parte exequatur order to prevent a ruling of an Albanian Court to become enforceable in Luxembourg.
Led by the 'excellent' Véronique Hoffeld, Loyens & Loeff's 'well co-ordinated and approachable' three-partner team provides domestic and cross-border litigation and arbitration expertise to corporates, financial services entities and directors. Particular areas of expertise include shareholder disputes and banking and finance litigation before the civil and commercial courts. Tax controversy and real estate-related matters also feature heavily in the firm's workload, while it continues to place increased weight on international arbitration matters out of Luxembourg and its Benelux corridor of offices.
‘Loyens & Loeff’s litigation practice in Luxembourg provides a quality of service, a diligence in replies and an attention to the client’s needs that is rarely matched.‘
‘Henri Dupong is very attentive to the client.‘
- Defending all the former directors of two Luxembourg-based funds which are being sued by the liquidators and investors in the wake of the Madoff scandal.
- Acting for a large Asian manufacturer in Luxembourg litigation concerning an accounting fraud.
- Representing an investor of a large Eastern European food group, with regard to the enforcement of an arbitral award, rendered under the ICSID procedure.
Litigation remains one of the core areas of focus for MOLITOR Avocats à la Cour SARL. Led by the 'highly educated' Michel Molitor, who himself is 'very well linked to Luxembourg and has a lot of international relations', the team provides 'attentive and highly professional advice' across the panoply of commercial, financial and banking cases. Armel Waisse was a new arrival in April 2020 from Bonn & Schmitt.
‘Francois Cautaerts was responsive, had the required expertise in his field and his advice was written clearly and with a practical resolution in mind.‘
‘Francois Cautaerts’ advice was clearly written, practical and delivered on time and on budget.‘
‘Michel Molitor always has a smart idea and solution to a problem.‘
‘Stephanie Juan: has a lot of knowledge and can apply this to tricky subjects. She is brilliant in researching the doctrine and the jurisprudence.‘
‘Virginie Liebermann: manages to synthesize a complicated subject to the essential. She is very diligent and efficient in the treatment of complicated files.‘
‘Sophie Lamothe: very pugnacious and smart in solving complicated problems.‘
Allen & Overy Luxembourg
'A strong and reliable firm with enough internal capacity to absorb voluminous and complicated litigation matters', Allen & Overy Luxembourg benefits from 'strong jurisprudence and analytical skills', enabling it to provide risk management advice, as well as robust representation to clients in domestic and cross-border litigation/arbitration. 'Reliable and trustworthy' counsel Thomas Berger leads the team and is best-known for his contentious banking and finance expertise, including on professional liability matters in the financial sector and on white-collar mandates. The firm also handles a considerable amount of IP litigation.
‘The firm has an excellent approach to problem analysis before suggesting a strategy.‘
Benefiting from 'strong jurisprudence and analytical skills', Bonn & Schmitt provides a 'trustworthy and reliable' service to banks, corporates, funds and high-net-worth individuals across the gamut of commercial litigation. As well as being 'excellent advocates in court', the team also has a strong reputation for pre-litigation advice and mediation. 'Very client-oriented and responsive' senior partner Alex Schmitt has extensive banking law knowledge and is regularly appointed to appear as a Luxembourg expert in relation to issues of banking and finance law arising in the course of international court or arbitration proceedings.
‘The team is cost-effective and commercial, and has an excellent understanding of common law jurisdictions.‘
‘The client-oriented and responsive Alex Schmitt is a very good lawyer.‘
- Represetning EAM Solar in a dispute concerning the acquisition of a Luxembourg company amid the alleged fraud perpetrated by the directors of this company and of its parent company.
- Advising a high-net-worth individual in connection with his indirect minority holding in a renowned luxury company.
- Represented a BVI investment company in the course of a lawsuit initiated by it and concerning the breach by a Luxembourg company of some provisions of a share purchase agreement concerning shares in a Luxembourg target.
'Forward-looking, enthusiastic and thoroughly professional', Bonn Steichen & Partners has the 'required expertise to handle complex cross-border corporate and financial cases'. 'Very well-connected' team head Fabio Trevisan excels at handling complex cross-border disputes (often involving an Italian nexus) and has established an impressive track record enforcing and obtaining freezing injunctions in international arbitration, enforcements of ICSID awards, and more generally in the recovery of assets.
‘In terms of dispute resolution this is certainly the best law firm in Luxembourg.‘
‘The firm provides snappy advice, is responsive and has a strong cultural awareness and no language barriers.‘
‘Fabio Trevisan is utterly professional, capable, meticulous and enthusiastic.‘
‘Laure-Hélène Gaicio is very competent.‘
Mr Viorel Micula
R-Capital – ImmoCroissance
Central Bank of the Republic Islamic of Iran
- Representing Apax Partners in the €978.6m lawsuit filed with the Luxembourg courts in December 2011 by the UK Liquidators of Hellas Telecommunications (Luxembourg) II SCA (Hellas II).
- Acting for Viorel Micula in the enforcement of an arbitral award issued against the State of Romania.
- Representing Attel Finance in the enforcement of a judgment against Mr Manfredi Lefebvre d’Ovidio, a Monegasque citizen. The matter has proceeded with the firm bringing freezing measures over Mr Manfredi Lefebvre d’Ovidio’s assets.
Benefiting from a 'deep knowledge of civil law', Brucher Thieltgen & Partners is 'able to handle complex files and summarise them quickly, in order to concentrate on the pertinent issues'. Headed by the 'responsive and pragmatic' Marie Bena and with significant input from managing partner Nicolas Thieltgen - who 'has a good knowledge of the practicalities and specificity of court proceedings in Luxembourg' - core areas of expertise include banking and finance litigation and shareholders' litigation.
‘The team is responsive and always available.‘
‘Nicolas Thieltgen is very smart, responsive and pragmatic.‘
‘Marie Bena firmly defends her opinions.‘
‘Catherine Wagener is always available, committed and nice to talk to.‘
- Successfully defended an Italian construction company in a public procurement process.
- Successfully defended a Formula 1 driver at first instance in a €5m case brought by his former manager as a reimbursement of the investments made.
- Representing a minority shareholder of a Luxembourg company in allegations regarding misuse of corporate assets committed by another shareholder with the support of some of the company directors.
Led by the 'exceptionally responsive' Guy Perrot, the litigation team at independent business law boutique DCL Avocats provides 'highly sophisticated legal advice with practical application' across a range of civil, commercial and administrative litigation. 'One of the best litigation lawyers in the market for very complex matters', Perrot continues to be heavily involved for investors in Madoff-related litigation and is also noted for his contentious public procurement expertise.
‘The team is very proactive and professional.‘
‘The firm is reactive, flexible and practical.‘
‘Guy Perrot has deep knowledge in procedural matters and always delivers practical solutions.‘
‘Guy Perrot is brilliant, well focused and does what is needed to be done for his clients.‘
7 financial intermediaries and 188 investors in Luxembourg funds affected by Bernard Madoff’s fraud
- Represented 188 foreign investors in recovering assets invested into two Luxembourg funds heavily involved with Bernard Madoff’s Ponzi scheme.
- Representing Furstenberg Capital SCA which is challenging or defending different decisions taken by the shareholders’ general meeting and the board meeting of Ahmose, a Luxembourg company in which Furstenberg has invested.
- Represents Imagine SAS before the President of the Luxembourg District Court sitting in summary proceedings, in a case brought by Cosmopolitan Investment to obtain the appointment of an auditor which will determine whether or not Experimental Holding Groups is in an underperformance situation.
Jointly headed by the 'experienced and responsive' Cindy Arces and Marielle Stévenot, PwC Legal Luxembourg's team is 'very well attuned to its clients' needs' and robustly protects their interests across a range of domestic and cross-border corporate, finance, employment and IT disputes.
‘The team is capable, efficient and experienced.‘
‘Cindy Arces and her team are an extremely valuable resource for our group in all litigation matters.‘
‘Cindy Arces and Jean-Michel Rosa have the capacity to listen, understand and, consequently, to formulate the appropriate argumentation. Moreover, their level of attention to details and their capacity to follow-up has been exceptional.‘
Thewes & Reuter
At Thewes & Reuter, founding partners Marc Thewes and Pierre Reuter have a significant focus on litigation impacting clients in the private and public sectors. Thewes specialises in public procurement and other public contract disputes, while Reuter displays 'high-level litigation skills' for clients engaged in banking and finance litigation.
‘The team is highly qualified and has a risk-based, pragmatic and efficient approach.‘
‘The very analytical Pierre Reuter is sharp, efficient, professional and demonstrates highly ethical behaviour.‘
Alia (Luxembourg Media regulator)
CFL (Luxembourg National Railway)
Kuwait Petroleum Luxembourg
- Representing Luxembourg media regulator, Alia, in litigation brought by the Belgian branch of RTL Group following Alia’s criticism of the failure of the TV channel to properly differentiate its normal programming from advertising.
- Acting for national railway company CFL in a public procurement dispute in which a train manufacturer is challenging the legality of CFL’s decision to purchase 35 new regional trains from another manufacturer.
- Representing Kuwait Petroleum in a number of disputes with independent station operators.
Well-versed in alternative dispute resolution techniques in addition to formal litigation, DSM Avocats A La Cour represents clients across a broad range of domestic and cross-border commercial litigation. Team head Alban Colson is also noted for his white-collar expertise.
Wurth Kinsch Olinger
Led by the 'pragmatic and focused' Mathieu Laurent, Luther S.A. provides 'responsive and solution-oriented advice' to corporates, financial institutions, funds and high-net-worth individuals. As well as handling debt recovery and insolvency-related litigation, Laurent also leverages his extensive corporate law knowledge to provide 'very efficient advice on complex shareholder litigation'.
‘The team is very knowledgeable and responsive.‘
‘Mathieu Laurent is creative, experienced, responsive and very knowledgeable across many fields.‘
Led out of Luxembourg by recently promoted partner Antoine Laniez and also regularly forming part of a cohesive cross-office team alongside the firm's other Benelux offices, NautaDutilh represents a wide range of corporate clients and banks in complex arbitration and litigation related to commercial law, corporate disputes and insolvency.
- Represented food retailer Delhaize in the context of a dispute related to the execution of a service agreement.
- Acted for an Australian multinational independent investment bank in a procedure launched against an investment fund manager in order to claim an outstanding payment.
- Representing an engineering and construction company in the enforcement of a foreign court’s decision.