In a judgment of 10 February 2021, 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.
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