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...

Fraudulent Arbitral Awards – Anatolie Stati and others v Republic of Kazakhstan [2017] EWHC...

1.            Summary Could permission to set aside the English court's permission to enforce a Swedish arbitral award allegedly obtained by fraud be granted in circumstances...

Germany: Federal Court of Justice Lowers the Bar for the Annulment of an Award...

In its decision of May 2017, the Federal Supreme Court of Germany (Bundesgerichtshof) laid down a new principle for setting aside an arbitral award...

A Stepping Stone Without Overstepping The Mark – English Commercial Court Outlines What Constitutes...

In the recent anonymised judgment of P v Q and others EWHC 194 (Comm), the England & Wales Commercial Court gave some important...

U.S. Second Circuit Confirms Annulled Award Cannot Be Enforced

Two years after its noted decision enforcing an annulled award in the Pemex case, the Second Circuit again took up the issue of enforcement...

Security for costs – Renunciation of the standards set up in “RSM v. Saint...

Can a tribunal order an impecunious claimant to pay security for costs? This is an often debated topic both in commercial and in investment...

 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.