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…
On 23 February 2016,[1] the Austrian Supreme Court (“OGH”) rendered a new decision on an action to set…
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 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…