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Arbitration & ADR

16 January 2020
Nikolaus Pitkowitz Supreme Court takes strict stance on conflict of interest

Austria - Graf & Pitkowitz Rechtsanwalte GmbH

The Supreme Court recently considered whether the fact that an arbitrator and a party counsel in one arbitration acted as co-counsel in another unrelated arbitration cast doubt on the arbitrator's independence and impartiality and thus disqualified him from acting as arbitrator in the arbitration under review. In its decision, the court correctly acknowledged the reality of the Austrian arbitration scene, which results in frequent contact between practitioners.

Author: Nikolaus Pitkowitz
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