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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...