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 2020-2021 – Austria
AUSTRIA
Désirée Prantl
A. LEGISLATION AND RULES
A.1 Legislation
International arbitration in Austria continues to be governed by Section four (sections 577 to 618) of the Austrian Code...
Austrian Supreme Court confirms arbitral tribunal’s ruling to hold virtual hearing despite one party’s...
In its landmark decision under docket no. 18 ONc 3/20s, published on 28 September 2020, the Austrian Supreme Court (Oberster Gerichtshof "OGH") established two...
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...
Higher Regional Court Frankfurt holds that Achmea-decision is transferable to arbitration clauses in other...
In its Achmea-decision, the ECJ decided that EU member states must not settle their disputes in arbitration proceedings agreed upon in bilateral intra-EU investment...
Energy Charter Treaty and EU law – the Advocate General’s opinion calling for broadening...
On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU ("CJEU") under case...
Arbitration in Asia- an arbitration handbook for Russian in-house counsels
We are happy to present to you Arbitration in Asia, an arbitration handbook for Russian in-house counsels, co-authored by Jay Patrick R. Santiago, a...
Swiss Federal Supreme Court confirms that not the tribunal’s legal reasoning, but only the...
In its decision published 6 January 2021, the Swiss Federal Supreme Court ("SFSC") dismissed a challenge because in its view, the arbitrator had not...
Part II of a Trilogy: Investor claims in response to the State’s protective measures...
We are pleased to introduce the second part of our trilogy of brief commentaries on Investment Treaty Protection & Covid-19 driven State Intervention. In...