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Specific Problems when Enforcing a Non-Monetary Award in Austria - Chapter 21 - Performance as a Remedy: Non-Monetary Relief in International Arbitration: ASA Special Series No. 30

Author(s): 
Hubertus Schumacher
Page Count: 
8 pages
Media Description: 
PDF from "ASA Special Series No. 30: Performance as a Remedy"
Published: 
May, 2011
Jurisdictions: 
Austria
Practice Areas: 
Arbitral Awards,
Relief and Remedies in General,
Enforcement of Arbitral Awards,
Formal Requirements,
Procedure for Enforcement
Tags: 
Non-Monetary Relief
Author Detail: 

Hubertus Schumacher is a Practicing Attorney in Innsbruck, Full Professor for Civil Procedure Law at the University of Innsbruck and Judge at the Supreme Court of the Principality of Liechtenstein, Vaduz.

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Description: 

Originally from Performance as a Remedy: Non-Monetary Relief in International Arbitration: ASA Special Series No. 30

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The Austrian Enforcement Act (EO)1 is particularly stringent regarding the determination of an executory title. Some of the following points apply to monetary as well as to non-monetary awards. Some of these may seem trivial, but, if overlooked, there can be dangerous implications for the party trying to enforce the arbitral award in Austria. This can go so far as to reduce the award to not being worth the paper it is written on.