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Austria - Arbitration Law and Practice in Central and Eastern Europe

Author(s): 
Christoph Liebscher
Page Count: 
78 pages
Media Description: 
PDF from "Arbitration Law and Practice in Central and Eastern Europe"
Published: 
June, 2006
Jurisdictions: 
Austria
Practice Areas: 
Right to Decide ex aequo et bono,
Arbitrators and Arbitral Tribunals,
Removal and Resignation of Arbitrators,
Capacity and Qualifications of Arbitrators,
Challenge of Arbitrators,
Applicable Law,
Arbitral Awards,
Arbitral Process,
Agreement to Arbitrate,
Separability,
Termination,
Costs and Damages,
Arbitration Fees,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Recourse Against Award Generally,
Enforcement of Arbitral Awards,
Interim Measures of Protection,
Third Parties in Arbitral Proceedings,
Practice & Procedure,
Evidence,
National Legislation,
New York Convention,
UNCITRAL Model Law
Author Detail: 

Christoph Liebscher is Head of Arbitration at Wolf Theiss. Having obtained an MBA at Insead (Fontainebleau), he worked in management positions in Germany, France, former Czechoslovakia, Poland, and other European countries before returning to the legal profession. Amongst others he is a member of the ICC Commission on International Arbitration, the LCIA and was a member of the Expert Group for the Reform of the Austrian Arbitration Law and of the ICC International Court of Arbitration from 2003 - 2009, . Dr. Liebscher is listed as an arbitrator with the International Arbitral Centers of several Economic Chambers in Central Europe. He currently lectures on International Commercial Arbitration at the University of Salzburg.

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Description: 

Originally from Arbitration Law and Practice in Central and Eastern Europe

1. GENERAL LEGAL FRAMEWORK

1.1 National law

a) Current status

What is the current status? When was it enacted? Have there already been amendments?

The most important statutory provisions of Austrian arbitration law are contained in sections 577-618 of the Austrian Civil Procedure Code (CPC).1 Only recently was the Austrian arbitration law amended through the SchiedsRÄG 2006.2 The main goal of such amendment was to create a modern Austrian arbitration law, which conforms largely to the UNCITRAL Model Law (UML). The new provisions will come into force on 1 July 2006. For arbitration proceedings that were initiated before 1 July 2006, the old rules remain applicable. Also the validity of arbitration agreements that were concluded before 1 July 2006 remains subject to the old rules (Art. VII of the SchiedsRÄG 2006). This report concentrates on the new arbitration law.

All national laws and regulations are available on the website of the department of the federal chancellor at http://ris.bka.gv.at/jus/. Government bills and corresponding materials are available on the Austrian Parliament's website at www.parlinkom.gv.at.

b) Future development

Are amendments intended? If so, please outline the timing and the intended changes.

As the SchiedsRÄG 2006 was adopted only recently, there are no changes intended.