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Luxembourg
Luxembourg operates under a civil law system, where legislation is the primary legal source, with codified rules in the Civil Code and Commercial Code. The Constitution of 1868 (reformed in 2023) and international law sit at the top of the legal hierarchy.
A key development in 2023 was the modernisation of insolvency laws, replacing outdated 19th-century rules with a more flexible and business-friendly framework. The debtor-in-possession model has since gained traction, making Luxembourg a more competitive jurisdiction for restructuring.
Switzerland
Switzerland also follows a civil law system, but its federal structure means that while civil litigation rules were harmonised in 2011 under the Civil Procedure Code (CPC), each canton maintains control over its courts. This balance ensures both procedural consistency and regional autonomy. The CPC has recently been revised and modernised to improve access to justice.
Switzerland remains a leading hub for international dispute resolution, valued for its neutrality, efficiency, and strong legal framework. The country’s specialised commercial courts and its liberal laws further strengthen its attractiveness for cross-border disputes.
Looking ahead
These chapters explore the key aspects of dispute resolution in Luxembourg and Switzerland, analysing recent developments and providing insights into emerging trends shaping the future of litigation and arbitration in both jurisdictions.
You can download both chapters below!
