 Baker McKenzie’s Arbitration Yearbook 2018-2019Â
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.1Â Â Â Â Â 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...
Higher Regional Court Frankfurt Finds Publication of a Dissenting Opinion to be Ground for...
German law strictly protects the secrecy of the deliberations of a court and therefore does not allow the publication of dissenting opinions of lower...
Carpatsky Petroleum Corporation v PJSC Ukrnafta: issue estoppel and abuse of process in arbitration...
Key takeaways
The Carpatsky case is interesting for a number of reasons as it:
underlines the deference paid to decisions of supervisory courts...
Reform of Swiss international arbitration law approved by the Parliament
In 2017, the Swiss Government released a draft bill aiming at a reform of the Swiss international arbitration legislation. On 9Â June 2020, after several...
Section 68 challenge succeeds on the basis of serious irregularity caused by uncertainty or...
In Xstrata Coal v Benxi Iron & Steel ( EWHC 324 (Comm)), the English High Court permitted a challenge made under section 68 of...
Court of Cassation Takes Significant Step for Arbitration: Court Sustained an Arbitral Award with...
The role of the courts in the development of arbitration proceedings is undeniably crucial. The 15th Civil Chamber of the Court of Cassation, with its...