Baker McKenzie’s Arbitration Yearbook 2018-2019
Click here for the chapter on Austria in the 2018-2019 Arbitration Yearbook.
Baker McKenzie’s Arbitration Yearbook 2017-2018 Edition
Baker McKenzie International Arbitration Yearbook 2019-2020 – Austria
AUSTRIA
Filip Boras and Simon Kapferer
A. LEGISLATION AND RULES
A.1 Legislation
International arbitration in Austria continues to be governed by sections 577 to 618 of the Austrian...
Austrian Supreme Court set aside an arbitral award due to a violation of the...
In its decision of 28 September 2016, the Austrian Supreme Court ("OGH") partially set aside an arbitral award due to a violation of the...
Investor State Arbitration under CETA: Key Provisions and What to Watch for in 2017
The Comprehensive Economic and Trade Agreement ('CETA') between the European Union and Canada was signed October 30, 2016. The deepening of Canadian and European...
Austrian Supreme Court rules on the form requirements of an arbitration clause
In a decision of 23 June 2015, the Austrian Supreme Court ("OGH") decided on an action to set aside an arbitral award on jurisdiction....
Austrian Supreme Court renders new decision on the right to be heard in arbitration
On 23 February 2016, the Austrian Supreme Court ("OGH") rendered a new decision on an action to set aside an arbitral award. Notably, this...
Austrian Supreme Court: Pending arbitration stayed due to insolvency proceedings
In three similar decisions of 17 March 2015 the Austrian Supreme Court ("OGH") clarified how insolvency proceedings may affect an already pending arbitration. In...
Austrian Supreme Court: Failure to disclose = ground for challenging an arbitrator?
Pursuant to Section 588 para 1 Austrian Code of Civil Procedure ("ACCP") an arbitrator is under the continuous obligation to "disclose any circumstances likely...
The Supreme Court in Enka v Chubb on the law applicable to the arbitration...
Introduction
In Enka Insaat ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) UKSC 38, the UK Supreme Court dismissed Chubb's appeal,...
English Commercial Court sets aside final award on jurisdiction for tribunal’s failure to identify...
Introduction
The English Commercial Court, in its recent judgment in MVV Environment Devonport Ltd v NTO Shipping GMBH & CO KG (MV Nortrader) EWHC...
Winter Academy on International Arbitration
On January, 11-16 the Russian Institute of Modern Arbitration will hold the Academy on International Arbitration titled “Beyond the Imaginable Borders: Transformation of Arbitration”.
The...
Switzerland to introduce legal basis for arbitration clauses in articles of incorporation
In recent years, corporate arbitration has played only a minor role in Switzerland. One of the main reasons for this is the legal uncertainty...
9th Baltic Arbitration Days 2020
The 9th Baltic Arbitration Days will be held in Riga, Latvia at the Dzintari Concert Hall in Jurmala and the Riga World Trading Center....