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...

Polish Appellate Court set aside ICC award for violating basic principles of public policy

The Appellate Court in Wrocław, Poland ] considered the question of whether the principle that a case must be examined comprehensively and that doubts...

Enforcement of Intra-EU Investment Treaty Arbitration Awards in U.S. Remains Unclear After D.C. Court’s...

In Micula v. Romania, a D.C. district court judge recently enforced an investor-state arbitration award in a case brought by nationals of a European...

Federal Republic of Germany faces third ever investor-state arbitration: Might changes to renewables regime...

On 20 September 2019, ICSID registered a request by the Austrian construction company STRABAG SE ("Strabag") for the initiation of an ICSID arbitration proceeding (ICSID Case...

GDPR does not apply to arbitration under NAFTA

In Tennant Energy LLC (USA) v. Government of Canada (PCA Case No. 2018-54), a NAFTA tribunal addressed the reach of the General Data Protection...

Switzerland: New landmark decision on the applicability of the CISG and its interaction with...

In its decision dated 28 May 2019 (case No. 4A_543/2018 (in German), selected for publication in the official court reporter), the Swiss Federal Supreme...

 Baker McKenzie’s Arbitration Yearbook 10th Anniversary Edition 2016-2017 

Click here for the chapter on Austria in the 2016-2017 Arbitration Yearbook.

 

Baker McKenzie’s Arbitration Yearbook 2015-2016 Edition

Click here for the chapter on Austria in the 2015-2016 Arbitration Yearbook.