Search for:
Category

Austria

Category
In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2024-2025 – Austria

by and 10 Mins Read

A. LEGISLATION AND RULES A.1 Legislation In Austria, the rules on arbitration proceedings are contained in the Code of Civil Procedure (ZPO) (sections 577-618 ZPO). This legal framework does not differentiate between domestic and international arbitral proceedings and applies to disputes in commercial and non-commercial matters. Since the implementation of the UNCITRAL Model Law in 2006, the Austrian legislator has made few changes. The most significant change came in 2013, when the Austrian Supreme Court…

Read More
In Austria

Missed request for clarification precluded applicant from annulment

by 4 Mins Read

The Austrian Supreme Court (Oberster Gerichtshof,”OGH”) dealt in its decision under the docket 18 OCg 1/19z with an application to set aside an arbitral award issued by an ad hoc arbitral tribunal under the UNCITRAL Arbitration Rules. The OGH dismissed the invoked violation of procedural ordre public. It held that the applicant was precluded from relying on defects in the arbitral tribunal’s reasoning because it did not file a request for clarification. Factual background The present…

Read More
In Arbitration Procedure

Austrian Supreme Court confirms arbitral tribunal’s ruling to hold virtual hearing despite one party’s objection

by 8 Mins Read

In its landmark decision under docket no. 18 ONc 3/20s[1], published on 28 September 2020, the Austrian Supreme Court (Oberster Gerichtshof “OGH”) established two important principles for arbitral tribunals seated in Austria: The conduct of hearings via videoconference – despite a party’s express objection – lies within the arbitral tribunal’s discretion and does not meet the high threshold of arbitrator challenges. (RS0133230)[2]A negative, non-verbal reaction (here: “eye rolling”) of an arbitrator to a verbal pleading…

Read More
In Albania

Investor State Arbitration under CETA: Key Provisions and What to Watch for in 2017

by 4 Mins Read

The Comprehensive Economic and Trade Agreement (‘CETA’) between the European Union and Canada was signed October 30, 2016. The deepening of Canadian and European trade is likely to be significant in the wake of Brexit and the uncertain future of American trade policy. The Investment Court System (‘ICS’) of CETA has been hotly debated, and in 2016 threatened to derail the entire agreement when the local Parliament of Wallonia, Belgium initially vetoed the agreement. The…

Read More
Load More