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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…

Pursuant to Section 588 para 1 Austrian Code of Civil Procedure (“ACCP”) an arbitrator is under the continuous obligation to “disclose any circumstances likely to give rise to doubts as to his impartiality or independence”. According to Section 588 para 2 ACCP an arbitrator might be challenged “if circumstances exist that give rise to justifiable doubts as to his impartiality or independence”. In two (almost identical) decisions,[1] the Austrian Supreme Court (“OGH”) dealt with the…