Baker McKenzie International Arbitration Yearbook 2021-2022 – Austria

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A. LEGISLATION AND RULES A.1       Legislation International arbitration in Austria continues to be governed by sections 577 to 618 of the Austrian Code of Civil Procedure...

Baker McKenzie International Arbitration Yearbook 2020-2021 – Austria

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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...

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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

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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...

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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

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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

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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

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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

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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?

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Pursuant to Section 588 para 1 Austrian Code of Civil Procedure ("ACCP") an arbitrator is under the continuous obligation to "disclose any circumstances likely...

Swiss case law on multitier dispute resolution clauses: Is a pre-arbitral ADR attempt mandatory?

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Arbitration is the most popular choice for dispute resolution in multinational commercial agreements. At times, relevant arbitration clauses provide that arbitration proceedings can only...

District Court of Munich confirms arbitrability of patent validity disputes

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The arbitrability of disputes concerning the validity and existence of patents has always been the subject of debate. Traditionally, the prevailing opinion among scholars...

SCC Express Dispute Assessment – Quick and Dirty?

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One year ago, in May 2021, the Arbitration Institute of the Stockholm Chamber of Commerce ("SCC") extended its portfolio of dispute resolution services with...

Now available: International Arbitration Yearbook 2021-2022

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We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This 15th edition looks at key...

Paris Court of Appeals Upheld Arbitral Award Signed in Separate Pages During Covid-19 Lockdown

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The case at hand is, to our knowledge, the first and sole decision rendered by French courts in arbitration concerning issues related to the...

 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

Click here for the chapter on Austria in the 2017-2018 Arbitration Yearbook.