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...
Arbitration Statistics 2020 – In Full Sail Through the COVID Storm
Introduction
It is this time of the year again: most major arbitration institutions have published their statistical reports, giving us the opportunity to take a...
Swiss Supreme Court confirms that an arbitral tribunal may under certain circumstances refuse to...
In a decision published on 15th June 2021, the Swiss Federal Supreme Court ("SFSC") dismissed a challenge to set aside an arbitral award because...
Offsetting counterclaims against an arbitral award in the enforcement stage – a promising defense?
In a recent decision, the Higher Regional Court of Frankfurt defined the requirements and limits in which the losing party in an arbitration can...
How long do parties need to wait for an arbitral award in Germany?
Parties often chose arbitration over state court litigation because arbitral proceedings are more flexible and more efficient. Parties are typically not in the business...
The Paris Court of Appeal rules over French courts’ jurisdiction to hear a liability...
In a recent decision issued by the International Commercial Chamber of the Paris Court of Appeal, the court quashed a judgment of the Paris...