Journal
Entries will be published after editorial review.
When may a court appoint a missing arbitrator? Section 587 ZPO
Section 587 ZPO: when may a court appoint a missing arbitrator? The agreed procedure, written notice and applicable deadline determine the route.
Evidence without timely notice: when an arbitral tribunal must inform both parties
Section 599(2) ZPO requires timely notice of hearings and tribunal meetings for evidence. Learn what events are covered and how to respond to late notice.
Third Award Set Aside: When the Arbitration Clause Loses Its Effect
Section 611(5) ZPO: when the arbitration agreement may be declared ineffective for the same subject after two final setting-aside decisions.
Challenging a VIAC-appointed expert: raise bias within 15 days
How to challenge a VIAC-appointed expert under Article 23 of the Vienna Rules: the 15-day period, concrete grounds, supporting materials and the tribunal decision.
Condominium dispute before an arbitral tribunal: why Section 582 ZPO excludes arbitration
A condominium dispute cannot be referred to arbitration merely because the claim is monetary. Section 582(2) ZPO excludes condominium-law claims.
Employee Challenges an Arbitral Award: Jurisdiction under Section 618 ZPO
An employee challenges an arbitral award: Section 618 ZPO provides special safeguards and directs the case to the labour and social courts.
Section 613 ZPO: When an enforcement court must disregard an award ex officio
Section 613 ZPO in enforcement proceedings: when an Austrian court must disregard an arbitral award because of non-arbitrability or public policy.
Tribunal denies the arbitration agreement: moving to the state court without a jurisdiction loop
The tribunal denies jurisdiction because the arbitration agreement is absent or unworkable: what section 584(2) ZPO means for a state court claim and setting aside.
Forged document behind an arbitral award: setting-aside ground and deadline
A forged document as a Section 611(2)(6) ZPO ground: why the four-week period starts with the final criminal decision.
Eco Swiss and substantive public policy: When Section 611 ZPO can set aside an arbitral award
Eco Swiss and Article 101 TFEU in Austrian set-aside proceedings: how substantive public policy, Section 611 ZPO and the three-month period interact.
Procedural defect raised too late in arbitration: preclusion under Section 579 ZPO
Section 579 ZPO may preclude an objection to a waivable procedural rule when the defect was not raised promptly.
Waiving reasons in an arbitral award: party agreement and consequences under Section 606(2) ZPO
Waiving reasons in an arbitral award: what Section 606(2) ZPO provides about party agreement and the later review of the award.
Clause bans legal representation: choosing counsel in Austrian arbitration
Section 594(3) ZPO protects the parties' choice of a person to represent or advise them in Austrian arbitration.
Final arbitral award in a second proceeding: when the claim is already decided
Final arbitral award in a second proceeding: Section 607 ZPO, identity of parties, claim and later facts when assessing preclusive effect.
Deemed receipt in arbitration: service at the last known address
Section 580 ZPO sets out when a written communication in arbitration may be deemed received despite the recipient being of unknown whereabouts.
Arbitrator fees after termination: separate remuneration from the costs decision
An arbitrator leaves before the final award: section 590 ZPO, remuneration and the later costs decision under section 609 ZPO must be reviewed separately.
Tribunal-appointed expert in arbitration: questioning and counter-expertise
Tribunal-appointed expert in Austrian arbitration: Section 601 ZPO, questions at the hearing, own experts and counter-expertise.
Choice of law in arbitration: which substantive law the tribunal must apply
Choice of law in arbitration under section 603 ZPO: how an agreement on substantive law operates and what applies without an express choice.
Party conflict in a dual mandate: disclosure and change of counsel
Party conflict in Austrian arbitration: Section 10 RAO on dual mandates, disclosure, consent and an orderly change of counsel.
Withdrawing an arbitration claim: consent, costs and ending the case
What Section 608 ZPO provides when an arbitration claim is withdrawn, when the respondent may object and how the costs decision is prepared.
Arbitral award without a signature: formal defect and setting aside
Arbitral award without a signature: Section 606 ZPO, majority signatures, the impediment note and setting aside under Section 611 ZPO.
Extending an arbitration clause after a dispute arises: party intent and procedure
How an existing arbitration clause can be extended after a dispute arises, and why party intent, consent and procedural stage matter.
Pausing an Arbitration by Party Agreement: Deadline Control and Resumption
Stay, interruption or resumption in Austrian arbitration: what a party agreement must cover and how to protect procedural deadlines.
Joining an Austrian VIAC arbitration: non-signatory third party, jurisdiction and fees
A non-signatory third party is to join an ongoing VIAC arbitration. Requirements, jurisdiction, procedure and fees under Austrian law explained.
Declaratory Relief in Arbitration: Admissibility and Limits
Declaratory relief in Austrian arbitration: when an arbitration clause covers a declaration, which limits apply, and how jurisdiction and the relief sought should be reviewed.
Trade secrets in arbitration: protection, access and evidence
Trade secrets may be needed as evidence in arbitration. This article explains staged access, redactions and procedural protection under Austrian law and VIAC rules.
Witnesses in arbitration: preparing testimony and an evidence request
Witnesses in Austrian arbitration: how to define the fact to be proved, prepare a witness request and assess court assistance under section 602 ZPO.
Arbitrator fees and advance on costs: reviewing an unreasonable request
How to review arbitrator fees and the VIAC advance on costs, challenge an unclear calculation and respond to an additional request.
Lis pendens with different parties: when the state court may continue
Lis pendens under section 584(3) ZPO: why necessary joinder does not make an additional person a party to the arbitration.
Interest in Arbitration: Currency, Period and Calculation Method
How to claim interest in arbitration with precision: currency, principal, interest period, rate and calculation method in the award.
Partial award: resolving part of a claim before the final award
Partial awards in Austrian arbitration: separability of a claim, binding effect and continuation towards the final award.
Arbitrator mandate ends: replacement and repeating the hearing
Arbitrator mandate ends: sections 590 and 591 ZPO on replacement, continuation of the proceedings and repeating the hearing.
Arbitration agreements with consumers: form, information and the state court route
Arbitration agreements with consumers: Section 617 Austrian ZPO requires a special form, prior information and careful review of the state court route.
Changing the Procedural Language after Constitution: Party Request and Costs
Changing the procedural language in a VIAC arbitration after constitution: party request, fair hearing, translation costs and the final allocation of costs.
Sole Arbitrator or Three-Member Tribunal at VIAC: Choosing the Number and Cost Risk
Sole arbitrator or three-member tribunal at VIAC: Article 17, appointment, 30-day deadlines and cost exposure explained.
Document production in arbitration: requesting records from the opposing party
Document production in arbitration: how to make a focused request for the opposing party’s contract records or project files and address relevance and objections.
Technical party expert report in arbitration: evidential value and technical issues
Technical party expert reports in arbitration: evidential value, technical questions, selection and conflicts in VIAC proceedings.
Counterclaim in arbitration: jurisdiction and scope of the arbitration clause
Counterclaims and set-off in Austrian arbitration: when the arbitration clause covers the claim, when jurisdiction must be challenged and what VIAC adds.
Insolvency of a party in arbitration: administrator, stay and continuation
What happens when a party becomes insolvent in arbitration? Sections 6, 7 and 8 IO and OGH guidance on the administrator and continuation.
Interim Measure before Constitution of the Arbitral Tribunal: State Court or Emergency Arbitrator
Interim relief before the arbitral tribunal is constituted: when is a state court available and what role does an Emergency Arbitrator play?
Seat and hearing venue in arbitration: why they are not the same
Keep the seat and hearing venue separate: Austrian ZPO sections 595 and 598 and Article 25 of the Vienna Rules in practice.
Emergency Arbitrator under the Vienna Rules? Protection before constitution of the tribunal
Emergency Arbitrator under the Vienna Rules? The current rules contain no separate Emergency Arbitrator mechanism. Review protection before constitution of the tribunal.
Consolidating Two VIAC Arbitrations Despite Different Contracts
Consolidating two VIAC arbitrations based on different contracts: Article 15 Vienna Rules and the key procedural checks.
Majority decision by an arbitral tribunal: voting and signatures
Majority decisions in Austrian arbitration: sections 604 and 606 ZPO on voting, the chair, non-participation and award signatures.
Equity decision in arbitration: party authorisation under section 603 ZPO
Equity decisions in Austrian arbitration under section 603 ZPO: when party authorisation is required and how its scope is assessed.
Expedited VIAC arbitration: Six-month award under Article 45
Expedited VIAC arbitration: Article 45 provides for a six-month award after transmission of the file. Conditions, procedure and costs.
Missed arbitration claim: when proceedings end under Section 600 ZPO
Section 600 ZPO distinguishes the consequences of missing the arbitration claim from missing a response or another procedural act.
Third-Party Funding in VIAC Arbitration: Disclosure and Conflicts
Third-party funding in VIAC arbitration: when the funder must be disclosed and how potential conflicts are addressed.
Security for costs in VIAC arbitration: protection when cost recovery is at risk
When a VIAC tribunal may order security for costs, what must be shown and what may happen if the ordered security is not provided.
The other party does not pay the VIAC advance on costs: who funds the case first?
If the other party does not pay its VIAC advance, learn who may cover the shortfall, what happens to the claims and how costs are allocated later.
Court assistance in arbitration: securing evidence under section 602 ZPO
Section 602 ZPO: when an Austrian court may assist with evidence in arbitration and why a party needs the tribunal’s consent.
Seat of arbitration in Austria: which rules still matter
Seat of arbitration in Austria: scope, jurisdiction and procedural link under Austrian ZPO section 577.
Recording an arbitration settlement: when it works like an award
Recording an arbitration settlement: section 605 ZPO on minutes, consent award and legal effect.
Correcting or supplementing an arbitral award: using the four week window
Correcting or supplementing an arbitral award under section 610 ZPO: four week window and limits.
Arbitrator unable to continue: how early termination is reviewed
Arbitrator unable to continue: Austrian ZPO section 590 on resignation, termination and court application.
Form of the arbitration agreement: email and incorporation requirements
Form of the arbitration agreement: email, incorporation and participation under Austrian ZPO section 583.
Interim measures despite an arbitration clause
Interim measures despite an arbitration clause: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Preparing a VIAC request for arbitration
Preparing a VIAC request for arbitration: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Consumer participation in arbitration clauses
Consumer participation in arbitration clauses: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Court claim despite arbitration clause
Court claim despite arbitration clause: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Multi-party arbitration and who is bound
Multi-party arbitration and who is bound: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Securing Austrian assets after an arbitral award
Securing Austrian assets after an arbitral award: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Security in enforcement proceedings
Security in enforcement proceedings: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Expert determination or arbitral tribunal
Expert determination or arbitral tribunal: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Tribunal exceeding its mandate in enforcement
Tribunal exceeding its mandate in enforcement: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Public policy in enforcement of arbitral awards
Public policy in enforcement of arbitral awards: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Defective award and the need to challenge it
Defective award and the need to challenge it: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Non-award in arbitration
Non-award in arbitration: Austrian arbitration orientation on clause, procedure, evidence and next steps.
New York Convention and non-contracting states
New York Convention and non-contracting states: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Suspending enforcement of an arbitral award
Suspending enforcement of an arbitral award: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Enforcing a foreign arbitral award in Austria
Enforcing a foreign arbitral award in Austria: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Breach of institutional rules and setting aside
Breach of institutional rules and setting aside: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Conflict check before appointing an arbitrator
Conflict check before appointing an arbitrator: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Arbitrator bias discovered after the award
Arbitrator bias discovered after the award: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Setting aside claim and mandatory counsel
Setting aside claim and mandatory counsel: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Missed challenge of an arbitrator
Missed challenge of an arbitrator: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Arbitral award with empty reasoning
Arbitral award with empty reasoning: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Right to be heard and new evidence in arbitration
Right to be heard and new evidence in arbitration: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Substantive public policy and arbitral awards
Substantive public policy and arbitral awards: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Rejected evidence request and setting aside
Rejected evidence request and setting aside: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Setting aside is not an appeal on the merits
Setting aside is not an appeal on the merits: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Arbitration agreement as procedural contract
Arbitration agreement as procedural contract: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Arbitration clauses in articles and statutes
Arbitration clauses in articles and shareholder agreements: how to examine scope, parties and covered disputes before proceedings.
Does an arbitration clause cover amendments and call-off orders?
When a framework agreement arbitration clause also covers amendments and call-off orders, and which contract documents matter under Austrian law.
GmbH resolution disputes before an arbitral tribunal
GmbH resolution disputes before an arbitral tribunal: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Invalid arbitrator appointment in old clauses
Invalid arbitrator appointment in old clauses: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Jurisdiction objection raised too late in arbitration
Jurisdiction objection raised too late in arbitration: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Conciliation or arbitration tribunal in the clause
Conciliation or arbitration tribunal in the clause: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Arbitration agreement valid but dispute not covered
Arbitration agreement valid but dispute not covered: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Appointing an arbitrator under an unclear clause
Appointing an arbitrator under an unclear clause: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Conflicting terms and arbitration clauses
Conflicting terms and arbitration clauses: Austrian arbitration orientation on clause, procedure, evidence and next steps.