Law

Code of Civil Procedure

*) The English translation is based on Riegler/Petsche/Fremuth-Wolf/Platte and Liebscher, Arbitration Law of Austria: Practice and Procedure, Juris Publ. 2007, Chapter 5, http://arbitrationlaw.com/books/arbitration-law-austria-practice-and-procedure.  


For an
overview of the Austrian Arbitration Law please see an article by Manfred Heider and Alice Fremuth Wolf published in Global Legal Insights – International Arbitration (2nd edition) by Global Legal Group Ltd, London (http://www.globallegalinsights.com/):
Global Legal Insights - International Arbitration (Austria)

 

Selected Austrian Supreme Court Decisions on Arbitration

A selection of arbitration-related decisions of the Austrian Supreme Court in chronological order bw 1954-2020 with a link to the (German) full text of the respective decisions in the Austrian Legal Information System (RIS) can be found here

You can find an English summary of (the majority of) the decisions in the “Austrian Yearbook on International Arbitration” (2007 - 2019), edited by Klausegger/Klein/Kremslehner/Petsche/Pitkowitz/Welser/Zeiler and published in C.H.Beck, MANZ Verlag Wien, Stämpfli Verlag, written by Markus Schifferl with Nikolaus Pitkowitz/Venus Valentina Wong(Alexander Zojer. The contributions in the various editions of the Austrian Yearbook are accessible online in the RDB legal database and on the Wolters Kluwer - Website.

 

Conventions

New York Convention 1958


European Convention on International Commercial Arbitration (Geneva, 21 April 1961) *)

*) In case of unclear or incomplete arbitral agreements the European Convention on International Commercial Arbitration of 1961 (EC 1961)  – to which Austria is a member – may provide a way out: The Convention generally applies to disputes arising from international trade and where the (effective) arbitration agreement was concluded between physical or legal persons having, when concluding the arbitration agreement, their habitual place of residence or their seat in different contracting states of the EC 1961. According to its Art IV para 5 and 6 the President of the competent Chamber of Commerce (in Austria: Dr Harald Mahrer, President of the AFEC) is entitled to decide upon the request of a party if the arbitration agreement does not specify whether the parties wanted ad hoc or institutional proceedings or he may determine the competent arbitral institution where no specific institution was clearly indicated in the agreement of the parties.