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A. LEGISLATION AND RULES A.1 Legislation Sections 577 to 618 of the Austrian Code of Civil Procedure (ZPO) govern Austrian arbitration law. This legal framework does not differentiate between domestic and international arbitral proceedings and is applicable to disputes in both commercial and other matters. The last significant amendment dates back to 2013, establishing the Austrian Supreme Court (OGH) as the sole court that can set aside an award under section 615 ZPO, while section…

A. LEGISLATION AND RULES A.1 Legislation International arbitration in Austria continues to be governed by sections 577 to 618 of the Austrian Code of Civil Procedure (ZPO), to which no legislative amendment has been made since 2013. Since the last reforms of Austrian procedural law in 2013, Austria is perceived as an arbitration-friendly jurisdiction. The Austrian Supreme Court (OGH) is the only court that can set aside an arbitral award according to section 615 ZPO,…

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 Code of Civil Procedure, to which no legislative amendment has been made since 2013. However, we expect that one remaining restriction on the conclusions of arbitration agreements could be soon eased: At present, most arbitration agreements can be concluded easily, including by e-mail. By contrast, the power…

In a decision of 23 June 2015,[1] the Austrian Supreme Court (“OGH”) decided on an action to set aside an arbitral award on jurisdiction. The OGH’s decision contains clarifying remarks on the question of the applicable law to an arbitration clause and the form requirements which an arbitration clause must fulfill in order to be validly concluded pursuant to Section 583 para 1 Austrian Code of Civil Procedure (“ACCP”). 1. The underlying arbitration Claimant (who…