Arbitration & ADR, Austria updates

Court Rules on Effect of Settlements on Validity of Arbitration Clauses
  • Austria
  • 06 June 2002

The Federal Supreme Court recently judged the effect of novation agreements on arbitration clauses, holding that an original arbitration clause remains valid if it is merely supplemented by the novation agreement, with no mention of jurisdiction.

Supreme Court Rules on Arbitrability of Housing Disputes
  • Austria
  • 14 March 2002

The Federal Supreme Court recently decided the extent to which rent disputes may be subject to arbitration. Arbitrability is determined not only by the scope of the parties' agreement to arbitrate, but also by the law of the place where the arbitration takes place and the law applicable to the substance of the parties' dispute.

New Arbitration Association Considers Change
  • Austria
  • 06 December 2001

Following the Austrian Association of Arbitration's first symposium, a working group is preparing an amendment to the arbitration provisions of the Austrian Civil Code.

Amended Vienna Rules are User-Friendly
  • Austria
  • 23 August 2001

The amended Vienna Rules 2001 better serve the needs and interests of parties that choose Vienna as the venue for arbitral proceedings administered by the Vienna Arbitral Centre.

Validity of Optional Clauses
  • Austria
  • 10 May 2001

There are two types of optional arbitration clauses: bilateral and unilateral. Problems can arise if the relevant clause is ambiguous as to which party shall have a right of choice.

Awards on Agreed Terms Are Contentious
  • Austria
  • 15 March 2001

The issue of arbitral awards on agreed terms is a timely one, given that Germany has only recently legislated on it. The update outlines potential problems of enforceability for such awards in Austria and abroad.

Overview (February 2001)
  • Austria
  • 15 February 2001

Including: Institutions; Ad Hoc Arbitration; The Tribunal; Agreements; Proceedings; Awards; Enforceability

Pitfalls of Arbitration
  • Austria
  • 07 December 2000

Arbitration clauses which provide for the settlement of potential conflicts must be carefully drafted with regard to the provisions of both the Civil Procedure Code and the Civil Law Code. Failure to comply with these provisions can lead to defective arbitration clauses.

Are Partner Resolutions Subject to Arbitral Proceedings?
  • Austria
  • 03 August 2000

On December 10 1998 the Austrian Supreme Court held that disputes based on legitimate claims for the annulment of a partner's resolution may be decided by an arbitral tribunal. This decision ended the ongoing debate which had been conducted in Austrian legal literature.

Modernizing Validation Rules
  • Austria
  • 21 July 1999

Article 577 of the Code of Civil Procedure has relaxed the rules on validating an arbitration clause slightly. Now an exchange of telegram or fax is sufficient, where formerly, both parties had to sign the clause by hand.

Conflict Between Domestic and European Policy
  • Austria
  • 08 March 1999

Under the Austrian Code of Civil Procedure, it is possible to overturn an arbitral decision if it violates a mandatory law of public policy. However, as EEC law becomes part of public policy, the opportunities of annulling arbitral decisions becomes greater and a measure that was intended as an emergency could become commonplace.

Public Policy Versus International Conventions
  • Austria
  • 07 October 1998

Setting aside an award for violation of public policy does not preclude it from being enforced in another country. The enforcement of a foreign arbitral award is only at risk if there are grounds for refusal on the basis of an international treaty.

Foreign Awards Recognized at Home
  • Austria
  • 07 October 1998

Where is an arbitral award recognized: where it was awarded, or where it must be enforced? The Austrian Supreme Civil Court will recognize a foreign award if the certification complies with the local rules and procedures where the award was rendered.

Overview (June 1998)
  • Austria
  • 04 August 1998

Including: Arbitration Institutions; Ad Hoc Arbitration; The Arbitral Tribunal; The Arbitration Agreement; The Course of the Proceedings; The Arbitral Award / The Decision of Costs; The Setting-Aside-Procedure; Enforceability of the Arbitration Award

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