Arbitration Law of Austria: Practice and Procedure
About the book:
Arbitration Law of Austria, with over 800 pages of commentary and analysis, provides the reader in a "one-stop-shop" manner with a concise but comprehensive tool for understanding and conducting arbitrations under the Austrian Arbitration Act and the Vienna Rules.
Austria has taken account of international developments and revised its law on arbitration. The new Arbitration Act, which is based on the UNCITRAL Model Law, entered into force on 1 July 2006. Arbitration Law of Austria: Practice and Procedure has been designed to be a reference book for arbitration practitioners and everyone who wants to familiarize themselves in depth with Austrian arbitration law and practice (including the "Vienna Rules"). It gives a concise introduction and provides a practical commentary to each section of the new Arbitration Act and each article of the Vienna Rules. Section by section the book analyzes which case law rendered under the old regime still applies and, for the first time, summarises Austrian case law in English. In addition, five topics of particular interest are covered in detail: arbitration agreements and third parties; confidentiality in arbitration; arbitrators' liability, enforcement and recognition of arbitral awards, and arbitration and bankruptcy.
PDF of Title Page and T.O.C.
Preface
About the Authors
List of Abbreviations
Chapter 1 Commentary on Sections 577 to 618 Austrian Code of Civil Procedure
Chapter 2 Commentary on the "Vienna Rules"
Chapter 3 Special Topics
3.1 Confidentiality in Arbitration
3.2 Arbitration Agreement and Third Parties
(i) The Separability Doctrine - Autonomy or Dependency from Main Contract
(ii) Legal Nature of the Arbitration Agreement
(iii) Writing Requirement
(1) Universal Successors
(2) Singular Successors (especially assignment of claims)
(3) Other Third Parties
(4) Group of Companies and Groups of Contracts
3.3 Arbitrators' Liability
1. Introduction
2. Applicable Law
3. Procedural Remedies
4. Extent of Liability
5. Arbitrator's Contract
6. Requirements for Liability
6.1 Case Law
6.2 Legal Literature
6.3 Extensive Interpretation of Sec 594 (4)
6.4 Standard of Care
7. Conclusion
3.4 Enforcement and Recognition of Arbitral Awards
1. Introduction
2. Domestic versus Foreign
3. Level of Scrutiny
4. Domestic Arbitral Awards
4.1 General
4.2 Confirmation of Enforceability
4.3 No Leave for Enforcement
4.4 Potential Remedies against Court Order Granting Enforcement
4.5 Consideration of Grounds of Setting Aside in Other Proceedings
5. Foreign Arbitral Awards
5.1 General
5.2 Multilateral Treaties / New York Convention
5.3 Leave for Enforcement and Enforcement Authorization
5.4 Austrian Case Law
6. Jurisdiction
6.1 Foreign Arbitral Awards
6.2 Domestic Arbitral Awards
3.5 Arbitration and Bankruptcy
1. Introduction
2. Austrian Bankruptcy Law
3. Effects of Bankruptcy on Arbitration Agreements
3.1 General
3.2 Cases of Impecuniosity as a Consequence of Bankruptcy
4. Effects of Bankruptcy on Pending Arbitral Proceedings
4.1 Automatic Stay of Arbitral Proceedings
4.2 Trustee Instead of Debtor
5. Arbitrability of Bankruptcy Matters and Claims
6. Is the Trustee Bound by "Pre-Bankruptcy" Arbitration Agreements?
6.1 General
6.2 Outstanding, Secured, Preferred and Asset Claims
6.3 Challenge Claims on Behalf of the Estate
6.4 Unsecured Claims
Chapter 4 Compendium of Case Law
4.1 Austrian Court Decisions
4.2 German Court Decisions
Chapter 5 Attachments
5.1 Austrian Arbitration Act (English Version)
5.2 Official Comment to the Austrian Arbitration Act (English version)
5.3 Austrian Arbitration Act prior to 1 July 2006 (English Version)
5.4 Synopsis on the Austrian Arbitration Act, the German Arbitration Act and the UNCITRAL Model Law
5.5 UNCITRAL Model Law on International Commercial Arbitration of 1985
5.6 German Arbitration Act (English Version)
5.7 Vienna Rules (English Version)
5.8 Bilateral Investment Treaties (concluded by Austria)
5.9 List of Authorities
Index
Stefan Riegler is a Partner in Baker & McKenzie's Disputes Group in Vienna. He specializes in international commercial arbitration and litigation and acts both as counsel and as arbitrator in proceedings under the Vienna, the ICC, the DIS rules and in ad hoc arbitrations. He has a focus on energy and competition, post M&A and banking disputes. Stefan Riegler received his undergraduate law and his PhD degree (on the topic "Arbitration and Bankruptcy") from the University of Vienna and his postgraduate degree from the London School of Economics and Political Science; he is also an alumnus of the School of International Arbitration in London. He is a founding member and former chairman of YAAP (Young Austrian Arbitration Practitioners), a member of the Chartered Institute of Arbitrators (MCIArb) and a member of various arbitration organizations (e.g. LCIA, IAI, ASA) and task forces. He has published numerous articles on arbitration.
Alexander Petsche heads Baker & McKenzie’s dispute resolution group in Vienna. He specialises in arbitration and distribution law, in particular franchising. Alexander Petsche is regularly appointed as arbitrator in ad-hoc and institutional arbitrations. He also represents parties before Austrian courts in matters relating to arbitration, including the challenge and enforcement of arbitral awards. In addition, he is an accredited business mediator. Alexander Petsche studied Law at the Universities of Vienna and Paris, and studied Business Administration at the University of Economics, Vienna, and the Lyon Graduate School of Business. He completed post-graduate studies at the College of Europe in Bruges. Alexander Petsche publishes regularly on international litigation and arbitration and has written more than 70 publications on various other business law topics.
Alice A. Fremuth-Wolf is Deputy-Secretary General of the International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC) in Vienna since January 2012. Having studied law at the University of Vienna and at the London School of Economics and Political Science (LLM), she served as an assistant at the Institute of Civil Procedural Law at the Law Faculty of Vienna University and worked as an associate with Wolf Theiss (Vienna) and Baker & McKenzie (Vienna) before opening her own law firm in 2004. She has acted as arbitrator and party-representative in international commercial arbitration proceedings in English and German and is also a qualified mediator. She has authored articles and books on arbitration and is co-editor of Arbitration Law and Practice in Central and Eastern Europe. She also lectures at the Law Faculty of Vienna University, coaching the team of Vienna University for the annual Willem C. Vis International Arbitration Moot. Besides being a founding member of the Young Austrian Arbitration Practitioners (YAAP), she is member of several international arbitration associations.
Martin Platte is an attorney-at-law specializing in the field of dispute resolution, in particular in international commercial arbitration. After having obtained an LL.M. degree from the University of London (London School of Economics) he worked in the dispute resolution groups of several international law firms in London and Vienna before he opened his own boutique practice in Vienna. He regularly acts as party-representative and arbitrator in international commercial arbitration proceedings. He published numerous articles on the subject of international commercial arbitration and three books on the topic. He is a member of the Austrian Arbitration Association (ArbAut), the Young Austrian Arbitration Practitioners (YAAP), the German Institution of Arbitration (DIS) and the International Centre for Dispute Resolution (ICDR) Young & International and an external lecturer at the Institute of Civil Procedural Law at the Law Faculty of Vienna University.
Christoph Liebscher is Head of Arbitration of Wolf Theiss. Having obtained an MBA at Insead (Fontainebleau), he had worked in management positions in Germany, France, former Czechoslovakia, Poland, and other European countries before returning to the legal profession. He was and is involved in arbitrations as counsel and arbitrator under many jurisdictions including the Czech and the Slovak Republic, Hungary, France, Poland, Russia, Serbia, Montenegro, Bulgaria, Romania, Uzbekistan, Germany, England, Switzerland, and Liechtenstein. He has gained more than 30 years of experience in domestic/international commercial arbitration and litigation in English, German and French. He has published numerous books and articles on arbitration and business law. Amongst others he is a member of the ICC Commission on International Arbitration and of the LCIA. He was a member of the ICC International Court of Arbitration from 2003 – 2009 and president of the Austrian Arbitration Association in 2006 and 2007. He is listed as arbitrator with the international arbitral centers of several economic chambers in Central Europe.
"This book gives a complete and fully up-to-date account of arbitration law and practice in Austria, to my knowledge, there is no other work in English which presents the arbitration process in Austria in such detail and depth."
-Prof. Emmanuel Gaillard, Partner and Head of Shearman & Sterling's International Arbitration practice.
"An extremely valuable, comprehensive and authoritative resource for the international practitioner - particularly given Austria's current position as a major centre for the resolution of international disputes."
-Toby Landau, Essex Court Chambers
"The format of Arbitration Law of Austria is easy to follow, it is a thorough publication which provides any practitioner, novice or expert alike, with comprehensive and up-to-date information regarding international commercial arbitration in Austria. Furthermore, to the best of my knowledge this book for the first time contains a commentary on the new Vienna Rules. Moreover, I found particularly useful the wide range of topics and materials covered, such as the special chapters, the compilation of case law and the comprehensive annexes. I highly recommend Arbitration Law of Austria."
-Dr. Manfred Heider, Secretary General of the International Arbitral Centre of the Austrian Federation Economic Chamber
"...The authors of Arbitration law of Austria represent a solid mixture of acknowledged experts and members of a new generation of arbitrators...The quality of the book proves that the pool of young Austrian lawyers may be viewed as capable arbitrators has gotten wider..."
-Prof. Karl Hempel, President of the Austrian Arbitration Association (2000-2003)
Stefan Riegler is a Partner in Baker & McKenzie's Disputes Group in Vienna. He specializes in international commercial arbitration and litigation and acts both as counsel and as arbitrator in proceedings under the Vienna, the ICC, the DIS rules and in ad hoc arbitrations. He has a focus on energy and competition, post M&A and banking disputes. Stefan Riegler received his undergraduate law and his PhD degree (on the topic "Arbitration and Bankruptcy") from the University of Vienna and his postgraduate degree from the London School of Economics and Political Science; he is also an alumnus of the School of International Arbitration in London. He is a founding member and former chairman of YAAP (Young Austrian Arbitration Practitioners), a member of the Chartered Institute of Arbitrators (MCIArb) and a member of various arbitration organizations (e.g. LCIA, IAI, ASA) and task forces. He has published numerous articles on arbitration.
Alexander Petsche heads Baker & McKenzie’s dispute resolution group in Vienna. He specialises in arbitration and distribution law, in particular franchising. Alexander Petsche is regularly appointed as arbitrator in ad-hoc and institutional arbitrations. He also represents parties before Austrian courts in matters relating to arbitration, including the challenge and enforcement of arbitral awards. In addition, he is an accredited business mediator. Alexander Petsche studied Law at the Universities of Vienna and Paris, and studied Business Administration at the University of Economics, Vienna, and the Lyon Graduate School of Business. He completed post-graduate studies at the College of Europe in Bruges. Alexander Petsche publishes regularly on international litigation and arbitration and has written more than 70 publications on various other business law topics.
Alice A. Fremuth-Wolf is Deputy-Secretary General of the International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC) in Vienna since January 2012. Having studied law at the University of Vienna and at the London School of Economics and Political Science (LLM), she served as an assistant at the Institute of Civil Procedural Law at the Law Faculty of Vienna University and worked as an associate with Wolf Theiss (Vienna) and Baker & McKenzie (Vienna) before opening her own law firm in 2004. She has acted as arbitrator and party-representative in international commercial arbitration proceedings in English and German and is also a qualified mediator. She has authored articles and books on arbitration and is co-editor of Arbitration Law and Practice in Central and Eastern Europe. She also lectures at the Law Faculty of Vienna University, coaching the team of Vienna University for the annual Willem C. Vis International Arbitration Moot. Besides being a founding member of the Young Austrian Arbitration Practitioners (YAAP), she is member of several international arbitration associations.
Martin Platte is an attorney-at-law specializing in the field of dispute resolution, in particular in international commercial arbitration. After having obtained an LL.M. degree from the University of London (London School of Economics) he worked in the dispute resolution groups of several international law firms in London and Vienna before he opened his own boutique practice in Vienna. He regularly acts as party-representative and arbitrator in international commercial arbitration proceedings. He published numerous articles on the subject of international commercial arbitration and three books on the topic. He is a member of the Austrian Arbitration Association (ArbAut), the Young Austrian Arbitration Practitioners (YAAP), the German Institution of Arbitration (DIS) and the International Centre for Dispute Resolution (ICDR) Young & International and an external lecturer at the Institute of Civil Procedural Law at the Law Faculty of Vienna University.
Christoph Liebscher is Head of Arbitration of Wolf Theiss. Having obtained an MBA at Insead (Fontainebleau), he had worked in management positions in Germany, France, former Czechoslovakia, Poland, and other European countries before returning to the legal profession. He was and is involved in arbitrations as counsel and arbitrator under many jurisdictions including the Czech and the Slovak Republic, Hungary, France, Poland, Russia, Serbia, Montenegro, Bulgaria, Romania, Uzbekistan, Germany, England, Switzerland, and Liechtenstein. He has gained more than 30 years of experience in domestic/international commercial arbitration and litigation in English, German and French. He has published numerous books and articles on arbitration and business law. Amongst others he is a member of the ICC Commission on International Arbitration and of the LCIA. He was a member of the ICC International Court of Arbitration from 2003 – 2009 and president of the Austrian Arbitration Association in 2006 and 2007. He is listed as arbitrator with the international arbitral centers of several economic chambers in Central Europe.
"This book gives a complete and fully up-to-date account of arbitration law and practice in Austria, to my knowledge, there is no other work in English which presents the arbitration process in Austria in such detail and depth."
-Prof. Emmanuel Gaillard, Partner and Head of Shearman & Sterling's International Arbitration practice.
"An extremely valuable, comprehensive and authoritative resource for the international practitioner - particularly given Austria's current position as a major centre for the resolution of international disputes."
-Toby Landau, Essex Court Chambers
"The format of Arbitration Law of Austria is easy to follow, it is a thorough publication which provides any practitioner, novice or expert alike, with comprehensive and up-to-date information regarding international commercial arbitration in Austria. Furthermore, to the best of my knowledge this book for the first time contains a commentary on the new Vienna Rules. Moreover, I found particularly useful the wide range of topics and materials covered, such as the special chapters, the compilation of case law and the comprehensive annexes. I highly recommend Arbitration Law of Austria."
-Dr. Manfred Heider, Secretary General of the International Arbitral Centre of the Austrian Federation Economic Chamber
"...The authors of Arbitration law of Austria represent a solid mixture of acknowledged experts and members of a new generation of arbitrators...The quality of the book proves that the pool of young Austrian lawyers may be viewed as capable arbitrators has gotten wider..."
-Prof. Karl Hempel, President of the Austrian Arbitration Association (2000-2003)
PDF of Title Page and T.O.C.
Preface
About the Authors
List of Abbreviations
Chapter 1 Commentary on Sections 577 to 618 Austrian Code of Civil Procedure
Chapter 2 Commentary on the "Vienna Rules"
Chapter 3 Special Topics
3.1 Confidentiality in Arbitration
3.2 Arbitration Agreement and Third Parties
(i) The Separability Doctrine - Autonomy or Dependency from Main Contract
(ii) Legal Nature of the Arbitration Agreement
(iii) Writing Requirement
(1) Universal Successors
(2) Singular Successors (especially assignment of claims)
(3) Other Third Parties
(4) Group of Companies and Groups of Contracts
3.3 Arbitrators' Liability
1. Introduction
2. Applicable Law
3. Procedural Remedies
4. Extent of Liability
5. Arbitrator's Contract
6. Requirements for Liability
6.1 Case Law
6.2 Legal Literature
6.3 Extensive Interpretation of Sec 594 (4)
6.4 Standard of Care
7. Conclusion
3.4 Enforcement and Recognition of Arbitral Awards
1. Introduction
2. Domestic versus Foreign
3. Level of Scrutiny
4. Domestic Arbitral Awards
4.1 General
4.2 Confirmation of Enforceability
4.3 No Leave for Enforcement
4.4 Potential Remedies against Court Order Granting Enforcement
4.5 Consideration of Grounds of Setting Aside in Other Proceedings
5. Foreign Arbitral Awards
5.1 General
5.2 Multilateral Treaties / New York Convention
5.3 Leave for Enforcement and Enforcement Authorization
5.4 Austrian Case Law
6. Jurisdiction
6.1 Foreign Arbitral Awards
6.2 Domestic Arbitral Awards
3.5 Arbitration and Bankruptcy
1. Introduction
2. Austrian Bankruptcy Law
3. Effects of Bankruptcy on Arbitration Agreements
3.1 General
3.2 Cases of Impecuniosity as a Consequence of Bankruptcy
4. Effects of Bankruptcy on Pending Arbitral Proceedings
4.1 Automatic Stay of Arbitral Proceedings
4.2 Trustee Instead of Debtor
5. Arbitrability of Bankruptcy Matters and Claims
6. Is the Trustee Bound by "Pre-Bankruptcy" Arbitration Agreements?
6.1 General
6.2 Outstanding, Secured, Preferred and Asset Claims
6.3 Challenge Claims on Behalf of the Estate
6.4 Unsecured Claims
Chapter 4 Compendium of Case Law
4.1 Austrian Court Decisions
4.2 German Court Decisions
Chapter 5 Attachments
5.1 Austrian Arbitration Act (English Version)
5.2 Official Comment to the Austrian Arbitration Act (English version)
5.3 Austrian Arbitration Act prior to 1 July 2006 (English Version)
5.4 Synopsis on the Austrian Arbitration Act, the German Arbitration Act and the UNCITRAL Model Law
5.5 UNCITRAL Model Law on International Commercial Arbitration of 1985
5.6 German Arbitration Act (English Version)
5.7 Vienna Rules (English Version)
5.8 Bilateral Investment Treaties (concluded by Austria)
5.9 List of Authorities
Index