Austria - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s):

Stefan Riegler

Heidrun E. Preidt

Page Count:

10 pages

Media Description:

PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"

Published:

March, 2012

Jurisdictions:

Austria

Practice Areas:

Banking and Finance Disputes,

Arbitrability,

Operation and Effects

Author Detail:

Stefan Riegler is a Partner in Baker & McKenzie’s Vienna office. He acts as counsel before state courts and arbitral tribunals and is increasingly serving as an arbitrator. He has authored several articles and publications, including Arbitration Law of Austria: Practice and Procedure (Juris 2007). He is a founding member and former chairman of the Young Austrian Arbitration Practitioners.

Heidrun Preidt is a Law Clerk in Baker & McKenzie’s Vienna office.

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Description:

Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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AUSTRIA
Stefan Riegler and Heidrun E. Preidt

A. LEGISLATION, TRENDS AND TENDENCIES

On 1 July 2006, Austria became a “Model Law Country.” Now, five years after the implementation of the new Austrian arbitration law,3 practice shows that it is not yet perfect. In particular, the following issue is subject to concern and has already been raised with the legislature:

Pursuant to Section 616(1) of the Austrian Code of Civil Procedure (“CCP”), the challenge procedure against an Austrian arbitral award is governed by the regular rules for contentious litigation. Thus, an award may be challenged before a state court of first instance whose judgment may then be subject to appeal before the Court of Appeals and, under certain circumstances, the Austrian Supreme Court (“OGH”).

While in practice these proceedings are relatively swift and rarely lead to the annulment of an award, the Austrian arbitration community has nevertheless requested that the legislature adapt rules similar to those of other comparable arbitral venues by

Table of Contents:

AUSTRIA
Stefan Riegler and Heidrun E. Preidt

A. Legislation, Trends and Tendencies
B. Cases
B.1 Lack of an Arbitrator's Signature on the Arbitral Award Does Not Violate Public Policy
B.2 A Substantive Review of the Arbitral Award is Inadmissible
B.3 The "Duly Certified" Copy of the Arbitral Award
C. Public Policy in International Arbitration
C.1 Scenarios of Reliance on Public Policy
C.2 Modes and Limitations of Reliance on Public Policy
C.3 What Constitutes "Public Policy"?
C.4 Review of Alleged Breaches of Public Policy