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A. LEGISLATION AND RULES A.1 Legislation Austrian arbitration law is governed by sections 577 to 618 of the Austrian Code of Civil Procedure (ZPO). It does not distinguish between national and international proceedings and applies to disputes in commercial and other matters. The last significant amendment to Austrian arbitration law dates back to 2013 when the Austrian Supreme Court (OGH) became the only court competent to decide on actions to set aside an arbitral award…

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 of Civil Procedure (ZPO), to which no legislative amendment has been made since 2013. There have been recent discussions regarding changes to section 617 ZPO. This provision determines that an agreement between an entrepreneur and a consumer may only be validly concluded for disputes that have already…

In its decision of 28 September 2016,[1] the Austrian Supreme Court (“OGH”) partially set aside an arbitral award due to a violation of the procedural ordre public as the arbitral tribunal insufficiently reasoned its decision as to one request filed in the arbitral proceedings. 1. The challenged arbitral award in a nutshell Claimant (who also claimed to set aside the arbitral award) and Respondent (both in the underlying arbitration and the setting aside proceedings) were…

On 23 February 2016,[1] the Austrian Supreme Court (“OGH”) rendered a new decision on an action to set aside an arbitral award. Notably, this is the fourth decision since the OGH was vested with the exclusive competence for setting aside proceedings in 2014. In its decision, the OGH once more confirmed its strict stance with regard to the violation of the right to be heard. In addition, the decision contains remarks concerning the violation of…