Selected Austrian Supreme Court Decisions on Arbitration

2020

  Date Type of Proceeding Outcome of the
Proceeding		 Topic
4Ob136/20h 20 October 2020 appeal unsuccessful interpretation of the arbitration agreement
18OCg6/20m 29 September 2020 setting aside proceeding successful The arbitral tribunal wrongly denied its jurisdiction.
8Ob77/20m 28 September 2020 appeal unsuccessful differentiation between conciliation panels ("Schlichtungseinrichtung")
and arbitral tribunals
6Ob28/20s 23 September 2020 appeal unsuccessful arbitrability; liquidation
18OCg3/20w  23 July 2020 setting aside proceeding unsuccessful arbitrability; public policy; conflict of interest of arbitrators
18ONc2/20v 23 July 2020 appointment of arbitrators successful appointment of arbitrators
18ONc1/20x 23 July 2020 challenge of arbitrators unsuccessful conflict of interest of arbitrators -
relationship between arbitrator and party representative
18ONc3/20s 23 July 2020 challenge of arbitrators unsuccessful challenge of arbitrators; admissability of conducting
an arbitration hearing by means of a video conference
18OCg4/20t 18 June 2020 setting aside proceeding unsuccessful requirement of translation of the arbitral award
9Ob18/20t 26 May 2020 appeal unsuccessful differentiation between arbitral awards and expert determinations
2Nc16/20f 26 May 2020 challenge of arbitrators successful conflict of interest of judges in state court proceedings
related to arbitration proceedings
18ONc3/19i 9 April 2020 appointment of arbitrators unsuccessful legal representation not required in setting aside proceedings -
no interruption of proceedings due to death of party representative
18OCg7/19g 06 March 2020 setting aside proceeding unsuccessful applicable law, choice of law; application for legal aid;
public policy - degree of domestic nexus of award decisive
18OCg11/19w 06 March 2020 setting aside proceeding unsuccessful validity of the arbitration agreement - public authorities
18OCg12/19t 15 January 2020 setting aside proceeding unsuccessful public policy - reimbursement of costs
18OCg6/18h 15 January 2020 setting aside proceeding unsuccessful Rom I Regulation - not applicable in arbitration proceedings as well as
in related state court proceedings
18OCg9/19a 15 January 2020 setting aside proceeding unsuccessful right to be heard - application to take evidence;
public policy - arbitral hearings


 

2019

  Date Type of Proceeding Outcome of the
Proceeding		 Topic
18ONc 3/19i 20 December 2019 appointment of arbitrators successful scope of the arbitration agreement - non-signatories;
conflict of interest of arbitrators
3Ob13/19m 19 November 2019 enforcement proceeding unsuccessful public policy - consultations and votes within the arbitral tribunal
2Nc38/19i 9 October 2019 enforcement proceeding successful conflict of interest of judges in state court proceedings related
to arbitration proceedings
18OCg5/19p 1 October 2019 setting aside proceeding unsuccessful conflict of interest of arbitrators - assertion after the
end of the arbitration proceedings; public policy (Art 10 ECHR)
18ONc2/19t 1 October 2019 challenge of arbitrators successful conflict of interest of arbitrators - criteria and time limit;
behavior of an arbitrator during the arbitration hearing
6Ob142/19d 29 August 2019 appeal successful universal application of the New York Convention
18OCg1/19z 15 May 2019 setting aside proceeding unsuccessful exceeding the request for relief; right to be heard - 
application to take evidence; public policy - lack of reasoning; revison au fond
18ONc1/19w 15 May 2019 challenge of arbitrators successful conflict of interest of arbitrators - personnel interrelations
18OCg6/19k 15 May 2019 setting aside proceeding unsuccessful arbitral tribunals in the meaning of Sec. 577 ZPO ("Börsenschiedsgerichte")
18OCg6/18h 15 May 2019 setting aside proceeding unsuccessful applicable law, choice of law; scope of the arbitration agreement
(organs of legal entities); right to be heard (application to take evidence)
18OCg2/19x 18 February 2019 setting aside proceeding unsuccessful arbitral tribunals in the meaning of Sec. 577 ZPO (association conciliation panels)
2Nc6/19h 14 February 2019 setting aside proceeding successful conflict of interest of judges - in state court proceedings
related to arbitration proceedings
5Ob63/18b 17 January 2019 setting aside proceeding unsuccessful time limitation of arbitration agreements


 

2018

  Date Type of Proceeding Outcome of the
Proceeding		 Topic
3Ob153/18y 19 December 2018 enforcement proceeding successful enforceability of an arbitral award
18OCg5/18m 30 November 2018 setting aside proceeding successful differentiation between arbitral awards and expert determinations
18OCg1/18y 21 August 2018 setting aside proceeding successful application to set aside an arbitral award
18OCg1/17x 20 March 2018 setting aside proceeding unsuccessful public policy
18ONc4/17h 06 February 2018 appointment of arbitrators unsuccessful appointment of arbitrators
6Ob195/17w 17 January 2018 appeal successful form requirement - power of attorney to conclude an arbitration agreement


 

2017

  Date Type of Proceeding Outcome of the
Proceeding		 Topic
6Ob104/17p 21 December 2017 recission proceeding
(shareholders resolution)		 unsuccessful arbitration clauses in corporate statutes
6Ob178/17w 21 December 2017 appeal unsuccessful interpretation of arbitral awards
18ONc1/17t 07 September 2017 challenge of arbitrators unsuccessful challenge of arbitrators
3Ob118/17z 04 July 2017 enforcement proceeding unsuccessful enforceability of arbitral awards
4Ob92/17h 30 May 2017 appeal successful award set aside by wrong court
18OCg6/16f 02 March 2017 setting aside proceeding unsuccessful sports arbitration
5Ob72/16y 01 March 2017 appeal partially successful arbitration agreement; choice of law and European Union law


 

2016

  Date Type of Proceeding Outcome of the
Proceeding		 Topic
  7Nc18/16f 19 October 2016 application pursuant to JN Sec. 28 (1) 2 unsuccessful arbitration before CIETAC - not infeasible
18OCg3/16i 28 September 2016 setting aside proceeding partially successful Procedural Public Order - lack of reasoning
18OCg2/16t 28 September 2016 setting aside proceeding unsuccessful pending arbitration


 

2015

  Date Type of Proceeding Outcome of the
Proceeding		 Topic
18OCg1/15v 23 June 2015 setting aside proceeding unsuccessful applicable law; choice of law - principal contract
as an indication for a conclusive choice of law


 

2014

  Date Type of Proceeding Outcome of the
Proceeding		 Topic
18ONc1/14p 05 August 2014 challenge of arbitrators unsuccessful conflict of interest of arbitrators - personnel interrelations
18ONc2/14k 05 August 2014 challenge of arbitrators unsuccessful conflict of interest of arbitrators - personnel interrelations


 

2012

  Date Type of Proceeding Outcome of the
Proceeding		 Topic
6Ob42/12p 19 April 2012 recission proceeding
(shareholders resolution)		 unsuccessful arbitrability of actions for nullity
3Ob44/12k 18 April 2012 enforcement proceeding unsuccessful provisional measures (Brussels I-Regulation)
3Ob38/12b 18 April 2012 enforcement proceeding unsuccessful right to be heard


 

2011

  Date Type of Proceeding Outcome of the
Proceeding		 Topic
3Ob154/10h 13 April 2011 enforcement proceeding successful public policy - consultations and votes within the arbitral tribunal


 

2010

  Date Type of Proceeding Outcome of the
Proceeding		 Topic
7Ob216/09d 05 May 2010 appeal unsuccessful arbitration and the CMR (Convention on the Contract for the
International Carriage of Goods by Road)
3Ob25/10p 24 February 2010 enforcement proceeding unsuccessful confirmation of finality and enforceability
7Ob225/09i
(7Ob256/09m)		 27 January 2010 appeal unsuccessful interim and protective measures


 

2009

  Date Type of Proceeding Outcome of the
Proceeding		 Topic
3Ob144/09m 22 July 2009 appeal unsuccessful consumer related issues in arbitration
7Ob266/08f 30 March 2009 appeal successful applicable law and extension of an arbitration agreement to third parties


 

2008

>

  Date Type of Proceeding Outcome of the
Proceeding		 Topic
6Ob170/08f 01 October 2008 appeal unsuccessful binding effect of awards and third party intervention (Art 6 ECHR)
3Ob35/08f 03 September 2008 enforcement proceeding partially successful authentification and certification of an award (NYC)
4Ob80/08f 26 August 2008 appeal partially successful scope of the arbitration clause
9Ob53/08x 20 August 2008 setting aside proceeding unsuccessful public policy; due process; challenge of arbitrators
5Ob272/07x 01 April 2008 setting aside proceeding unsuccessful public policy (Law on Restitution of Art Objects of 1998)
8Ob4/08h 28 February 2008 appeal unsuccessful liability of arbitrators
10Ob120/07f 05 February 2008 setting aside proceeding unsuccessful time limit for the challenge of an arbitral award


 

2007

  Date Type of Proceeding Outcome of the
Proceeding		 Topic
3Ob141/07t 23 October 2007 enforcement proceeding unsuccessful enforcement under the New York Convention and the
requirement of a special power of attorney
4Ob142/07x 07 August 2007 appeal unsuccessful arbitration agreement - separability and writing requirement
3Ob281/06d 22 February 2007 setting aside proceeding unsuccessful interpretation of arbitration agreements and setting aside of arbitral awards


 

2006

  Date Type of Proceeding Outcome of the
Proceeding		 Topic
6Ob207/06v 30 November 2006 appointment of arbitrators unsuccessful duty of disclosure and arbitrators' fees


 

before Arbitration Act 2006 (until 1 July 2006)

  Date Type of Proceeding Outcome of the
Proceeding		 Topic
10Ob3/06y 22 May 2006 appeal unsuccessful scope of statutory arbitration clauses
3Ob211/05h 26 April 2006 enforcement proceeding successful translation of an arbitral award, dissenting opinions and
deliberations of the arbitral tribunal
7Ob236/05i 26 April 2006 setting aside proceeding unsuccessful validity of the arbitration agreement - applicable law
7Ob64/06x 29 March 2006 setting aside proceeding successful arbitration agreement - requirement of
a written special power of attorney
7Ob252/05t 08 March 2006 setting aside proceeding successful advance on costs - no setting aside of
preliminary or interim decisions
7Ob314/04h 26 January 2005 setting aside proceeding unsuccessful challenge of arbitrators
3Ob221/04b 26 January 2005 setting aside proceeding partially successful annual interest rate - Austrian public policy
9ObA94/04w 15 September 2004 setting aside proceeding unsuccessful challenge of arbitrators
7Ob96/03y 28 May 2003 setting aside proceeding unsuccessful challenge of arbitrators
7Ob265/02z 18 December 2002 setting aside proceeding unsuccessful right to be heard
4Ob37/01x 03 April 2001 recission proceeding
(shareholders resolution)		 successful arbitrability of the matter in dispute
7Ob221/98w 10 December 1998 recission proceeding
(shareholders resolution)		 unsuccessful arbitrability of the matter in dispute
7Ob229/98x 15 September 1998 setting aside proceeding unsuccessful annual interest rate - Austrian public policy
3Ob2372/96m 05 May 1998 setting aside proceeding partially successful interpretation of an arbitration agreement
6Ob186/97i 24 July 1997 setting aside proceeding unsuccessful right to be heard
6Ob572/90 06 September 1990 setting aside proceeding unsuccessful principle of separability
2Ob516/84 29 February 1984 setting aside proceeding unsuccessful constitution of the arbitral tribunal (chairperson)
8Ob520/82 18 November 1982 setting aside proceeding successful jurisdiction of the arbitral tribunal - ex aequo et bono