In a judgment of 10 February 20211, the
Luxembourg Court of Appeal revisited the relationship between
arbitration and the role of the national courts in summary
proceedings.
In this case, a debtor appealed an interim payment order
(référé-provision) issued by a vice president
of the Luxembourg District Court in the context of interlocutory
(or summary) proceedings. The creditor's request for advance
payment was approved despite the fact that the parties had
concluded an arbitration agreement.
In this respect, the court first restated the well-established
principle that an arbitration clause must be interpreted
restrictively and relate solely to the merits of the case. It
then noted that arbitration agree-ments are, by definition,
ineffective in summary proceedings, which relate solely to interim
measures, unless otherwise agreed between the
parties.2
