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
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...
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...
Tribunal dismisses investor’s claims because of breach of admissibility requirements under the applicable BIT...
Tribunal dismisses investor's claims because of breach of admissibility requirements under the applicable BIT in the ICSID case Supervisión y Control S.A. v. Republic...
Litigation and Arbitration: A “complementary” approach
As we discussed in our blogpost last year, in March 2016, England's Lord Chief Justice, Lord Thomas, delivered a much debated speech in which...
The Globalization of International Arbitration
A. Introduction
International arbitration is often referred to as the area of globalization “par excellence.” Indeed, it is the preferred means of dispute resolution for...
Post M&A Disputes: Breach of Indemnification Clauses in M&A Contract
Indemnification clauses are common in share purchase agreements ("SPA"). Post M&A disputes frequently concern alleged breaches of such clauses. These disputes raise difficult questions...