Fund litigation

Our litigation and dispute resolution team acts for investors, service providers, including management companies in contentious and non-contentious matters, before state courts or arbitration tribunals in litigation as well as pre-litigation phases and alternative dispute resolution processes.

Disputes relating to investment funds are often complex, cross-disciplinary, multi-jurisdictional, and involve multiple parties. Our strength lies in associating in-depth financial and commercial awareness with expertise in legal proceedings. Chevalier & Sciales has served the legal needs of clients in fund formation and structuring for more than 16 years, amassing acknowledged expertise in investment management and finance. Our team regularly assists investors and prominent investment funds in disputes at national and international level in events affecting funds, investors, limited partners, general partners or management companies, including bankruptcy, reorganisation, and liability suits. Chevalier & Sciales also helps clients mitigate regulatory risks or prevent them from materialising or escalating. Not all of our work involves litigation, of course. Our team has a track record of successfully resolving valuation and redemption disputes between fund managers, partners and investors, and helping clients settle their disputes.

  • Our team notably advises on issues related to prospectus liability, limited partner and general partner disputes among fund principals, and conflicts of interests.

Highlighted cases

arrow_forward Currently representing an investment fund in an out-of-court resolution of complaints before the Luxembourg regulator against one of its service providers under CSSF regulation n° 16-07.

arrow_forward Representation of institutional, hedge fund and high net worth investors in Madoff-related fraud litigation.

arrow_forward  Currently representing a general partner in an ongoing liability case involving two investment funds and a depositary bank. A first decision rendered by Luxembourg’s Supreme Court annulled, at the general partner’s request, a decision handed down by the Court of Appeal that failed to uphold the general partner’s claim to declare non-binding and unenforceable a previous judgment rendered without the general partner’s involvement. The decision was based on article 6 of the European Convention of Human Rights and Article 612 of the Luxembourg procedural code, which the Court of Appeal ruled had been violated (n° 18 2021). It is available at:

https://justice.public.lu/content/dam/justice/fr/jurisprudence/cour-cassation/commercial/2021/01/20210128-CAS-2020-00013-18a.pdf

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