My business is experiencing difficulties

Regardless of the stage of development of the company, it may encounter difficulties, be they financial, legal or strategic. The Chamber of Commerce is there to help you.

Introduction

You think your business is in danger and want to react before the situation tapers further. Have the right reflex and let you be supported by the various services of the Chamber of Commerce. Thanks to its network of experts in the legal, strategic and personal fields, the Chamber of Commerce proposes solutions and accompanies you in their implementation.

I need legal advice

The legal advisers of the Chamber of Commerce and the House of Entrepreneurship can provide you with useful information and advice in the fields of establishment law, labour law (employment contracts, redundancy procedures, working hours, holidays, health and safety at work ), civil law (contracts, commercial leases, etc.), commercial law (bankruptcy, commercial obligations, etc.), company law and tax law (direct taxes and VAT), the choice of the legal as well as unfair competition (promotions, liquidations, advertising, etc.), social security, intellectual property and public procurement.

Free personalised coaching can also be offered through the #ReAct programme.

Contact us by e-mail at support@houseofentrepreneurship.lu or by telephone on +352 42 39 39 850.

My company has legal problems (disputes)

Arbitration is a procedure in which a dispute is submitted, by agreement between the parties, to one or more arbitrators who deliver a binding decision. Arbitration can only take place if both parties have agreed. In the case of potential disputes arising from a contract, the parties can choose in advance to submit a dispute to arbitration, under the Arbitration Rules of the Chamber of Commerce of Luxembourg by inserting an arbitration clause to this effect in the contract. Even in the absence of such a clause, the parties are at liberty to have recourse to arbitration once a dispute arises by having recourse to an ad hoc arbitration. Any dispute can potentially be dealt with by arbitration. In practice, arbitration is more particularly justified by one or more of the following reasons:

  • the dispute has an international dimension;
  • the amounts involved are of a certain size;
  • the dispute has a certain technical complexity;
  • the parties want a certain amount of confidentiality.

Luxembourg Arbitration Center

The Chamber of Commerce of the Grand-Duchy of Luxembourg has its own Arbitration Centre with its own Arbitration Rules.

The Arbitration Centre of the Chamber of Commerce of the Grand-Duchy of Luxembourg was created in 1987 to provide an alternative to court rulings on disputes which often prove to be too long, expensive and unsuited to the technical and complex issues of the world of business. The Arbitration Centre operates under the authority of an Arbitration Council which has five members including the president of the National Luxembourg Committee of the International Chamber of Commerce (ICC), as president, the Luxembourg member of the Arbitration Court of the CCI, the President of the Bar of Luxembourg, the director general of the Chamber of Commerce and the President of the Institute of Auditors ( l'Institut des Réviseurs d'Entreprises - IRE).

Its role is to organise and monitor the good operation of arbitration procedures before the Arbitration Centre, according to the conditions laid down in the Arbitration Rules of the Centre.

Since its creation the Arbitration Centre has been constantly enriched by the experience acquired in the cases submitted to it.

There are several advantages of arbitration compared to classical legal proceedings:

  • confidentiality and discretion: unlike in theory public legal proceedings, the Arbitration Centre guarantees the confidentiality of the arbitration, thus ensuring the non-disclosure of even the existence of the dispute and the protection of any know-how potentially in dispute;
  • speed the maximum time limit within which the arbitrator(s) must deliver their ruling is six months;
  • legal security: the arbitration ruling can be rapidly implemented in all the 145 countries of the world which signed the New York Convention of 10 June 1958 for the recognition of the implementation of foreign arbitration rulings;
  • professionalism of arbitrators: faced with disputes which are becoming more and more complex, state judges called on to give a ruling on a dispute do not necessarily possess the required specialised competences. In arbitration proceedings, the parties have the possibility either to choose themselves the arbitrator(s) or to entrust the Arbitration Centre with making a selection from among people with every guarantee of professionalism in the specific field which is the subject of the dispute ;
  • a single proceeding: in a dispute with an international dimension, there is a risk of a multiplication in long and costly legal proceedings. Arbitration is confined to a single proceeding and the legislation determined by the parties;
  • less expensive: the cost of often very complex legal proceedings can be high. In comparison, arbitration is generally less expensive.

The Centre of Civil and Commercial Mediation


The Centre of Civil and Commercial Mediation (CMCC) a.s.b.l. was established on 13 March 2003, renamed and restructured on 24 February 2012, and aims to :

  • set up the mediation process for the resolution of conflicts for citizens and companies within the framework of the settlement of their civil, commercial or social disputes through the negotiated procedure.
  • promote the tool of mediation as a preventive technique and, if necessary, as a more effective means of conflict resolution for citizens and companies and to train in the technique and process of mediation in order to guarantee a high level of professionalism.

The association addresses companies as well as individuals in the context of the settlement of their civil, commercial or social disputes. Its members are: the Luxembourg Bar Association, the Chamber of Commerce, the Chamber of Skilled Trades and Crafts, the Medical Chamber.

What strategy to adopt to revive my business

The life cycle of a company can sometimes be complex and involve many twists and turns. The uncertain environment in which companies evolve leads them to make constant readjustments and requires constant questioning.

The #ReAct programme aims to enable company directors wishing to develop, optimise, turn around, sell or terminate their company to take stock of their situation in order to determine the priority actions to be implemented. This is done by offering them tailor-made support from a network of external partners and strategic experts. In addition, through its awareness-raising workshops, you will have the opportunity to discover new strategic tools to implement within your company.

Contact us by e-mail at support@houseofentrepreneurship.lu or by telephone on +352 42 39 39 850.

I have liquidity problems

Any company, whatever its field of activity or size, can run the risk of having cash flow problems at any time during its activity. Before carrying out any project to create, take over or develop a business, the entrepreneur must necessarily ask himself the question of how to finance it. Proper financing of a project is one of the key conditions for its success. In parallel to the approaches to financial institutions, the entrepreneur can also have recourse to the Mutual-loan Guarantee Fund - Mutualité de Cautionnement, which can act as guarantor with approved credit institutions when the guarantees provided by the entrepreneur prove to be insufficient.

Contact us by e-mail at cautionnement@houseofentrepreneurship.lu or by telephone on +352 42 39 39 878.

In addition to the reimbursable loans granted by the SNCI or Microlux, there is a wide range of public aid in the Grand Duchy, offered to companies and investors.

Other than external financing and state aid, the development of the business also involves optimising your cash flow and profitability. The House of Entrepreneurship, through its #ReAct programme, can help you to carry out this analysis.

Contact us by e-mail at support@houseofentrepreneurship.lu or by telephone on +352 42 39 39 850.

Who can help me ?

  • House of Entrepreneurship 

    As a national platform the House of Entrepreneurship bringing together all the stakeholders involved in the value chain of business creation in Luxembourg, the House of Entrepreneurship offers a range of services to businesses throughout their life cycle (business creation, develoment and transmission, digitalisation, financing and connecting).
    Contact us via email : support@houseofentrepreneurship.lu or by phone : +352 42 39 39 850.
    The partners of the House of Entrepreneurship will guide you on your entrepreneurial path.
  • The Arbitration Center of the Chamber of Commerce

    The Arbitration Centre of the Chamber of Commerce of the Grand-Duchy of Luxembourg was created in 1987 to provide an alternative to court rulings on disputes which often prove to be too long, expensive and unsuited to the technical and complex issues of the world of business. The Arbitration Centre operates under the authority of an Arbitration Council which has five members including the president of the National Luxembourg Committee of the International Chamber of Commerce (ICC), as president, the Luxembourg member of the Arbitration Court of the CCI, the President of the Bar of Luxembourg, the director general of the Chamber of Commerce and the President of the Institute of Auditors ( l'Institut des Réviseurs d'Entreprises - IRE).
  • Centre de médiation civile et commerciale
     

    The Centre of Civil and Commercial Mediation (CMCC) a.s.b.l. was established on 13 March 2003, renamed and restructured on 24 February 2012, and aims to set up the mediation process for the resolution of conflicts for citizens and companies within the framework of the settlement of their civil, commercial or social disputes through the negotiated procedure as well as to promote the tool of mediation as a preventive technique and, if necessary, as a more effective means of conflict resolution for citizens and companies and to train in the technique and process of mediation in order to guarantee a high level of professionalism. The association addresses companies as well as individuals in the context of the settlement of their civil, commercial or social disputes.

  • Mutualité de Cautionnement 

    Housed within the House of Entrepreneurship, the Mutuallity-loan Guarantee Fund aims to compensate for the lack of guarantees in small and medium-sized businesses by granting a guarantee to entrepreneurs. It can act as guarantor with approved credit institutions when the guarantees provided by the entrepreneur prove to be insufficient. Contact us by e-mail at cautionnement@houseofentrepreneurship.lu or by telephone on +352 42 39 39 878.
  • The National Credit and Investment Company (SNCI)

    The National Credit and Investment Company (SNCI) is a banking establishment governed by public law. It specializes in the medium or long-term financing of Luxembourg companies by granting them start-up loans, equipment loans, innovation loans or participatory loans.

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