Arendt Case Review #5 - April 2019

AM
Arendt & Medernach

Contributor

About Arendt

Arendt combines the entire value chain of services dedicated to Asset Managers, Banks, Insurers, Public Institutions and Private Clients operating in Luxembourg.

-Legal & Tax
-Regulatory & Consulting
-Investor Services

Legal & Tax

We assist clients in structuring and running their business from a legal and tax standpoint across Luxembourg. Our teams directly serve international clients or work in close collaboration with foreign partner law firms.

Together with our regulatory consultants and investor services experts, we bridge the gap between legal/tax advice and its implementation. We deliver best-in-class services along our clients’ business life cycles.

The 450 legal experts of Arendt & Medernach have a wealth of experience in a wide variety of specialisations. Together, they are able to advise on a complete range of 15 complementary practice areas

Arendt Case Review is a newsletter designed by Arendt Litigation Group to inform you about recent decisions of the Luxembourg and/or European courts
Luxembourg Litigation, Mediation & Arbitration

Arendt Case Review is a newsletter designed by Arendt Litigation Group to inform you about recent decisions of the Luxembourg and/or European courts.

Contents

Privity of contract

– Breach of contract invoked by a third party

 
Insurance law

– Validity of warranty exclusion clauses in the event of gross negligence

 
Fictitious company

Conditions

 
The rule of « criminal proceedings stay civil proceedings »

Conditions for staying proceedings
Rules of interpretation

 
Authority of res judicata in criminal matters over civil matters

Scope

 
Medical liability

Distinction between negligence / misdiagnosis

 
Arbitration clause

Lack of jurisdiction of state courts (raised by the parties)
 

Liability in tort

Of a contracting party towards a third party

 
Building permit

Stay of execution - Conditions
 

To read the full article click here

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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