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…
In three similar decisions of 17 March 2015[1] the Austrian Supreme Court (“OGH”) clarified how insolvency proceedings may…
Pursuant to Section 588 para 1 Austrian Code of Civil Procedure (“ACCP”) an arbitrator is under the continuous…