Arbitration Law of Austria: Practice and Procedure

Erscheinungsjahr 2007
ISBN: 978-1-933833-07-1
Verlag: Juris

Buch, Englisch, 1050 Seiten

Arbitration Law of Austria, with over 800 pages of commentary and analysis, provides the reader in a "one-stop-shop" manner with a concise but comprehensive tool for understanding and conducting arbitrations under the Austrian Arbitration Act and the Vienna Rules.

Austria has taken account of international developments and revised its law on arbitration. The new Arbitration Act, which is based on the UNCITRAL Model Law, entered into force on 1 July 2006. Arbitration Law of Austria: Practice and Procedure has been designed to be a reference book for arbitration practitioners and everyone who wants to familiarize themselves in depth with Austrian arbitration law and practice (including the "Vienna Rules"). It gives a concise introduction and provides a practical commentary to each section of the new Arbitration Act and each article of the Vienna Rules. Section by section the book analyzes which case law rendered under the old regime still applies and, for the first time, summarises Austrian case law in English. In addition, five topics of particular interest are covered in detail: arbitration agreements and third parties; confidentiality in arbitration; arbitrators' liability, enforcement and recognition of arbitral awards, and arbitration and bankruptcy.

Autoren/Hrsg.

Riegler, Stefan

Petsche, Alexander

Fremuth-Wolf, Alice

Platte, Martin

Liebscher, Christoph

Inhaltsverzeichnis

Preface

About the Authors

List of Abbreviations

Chapter 1 Commentary on Sections 577 to 618 Austrian Code of Civil Procedure

Chapter 2 Commentary on the "Vienna Rules"

Chapter 3 Special Topics
3.1 Confidentiality in Arbitration
3.2 Arbitration Agreement and Third Parties
(i) The Separability Doctrine - Autonomy or Dependency from Main Contract
(ii) Legal Nature of the Arbitration Agreement
(iii) Writing Requirement
(1) Universal Successors
(2) Singular Successors (especially assignment of claims)
(3) Other Third Parties
(4) Group of Companies and Groups of Contracts
3.3 Arbitrators' Liability
1. Introduction
2. Applicable Law
3. Procedural Remedies
4. Extent of Liability
5. Arbitrator's Contract
6. Requirements for Liability
6.1 Case Law
6.2 Legal Literature
6.3 Extensive Interpretation of Sec 594 (4)
6.4 Standard of Care
7. Conclusion
3.4 Enforcement and Recognition of Arbitral Awards
1. Introduction
2. Domestic versus Foreign
3. Level of Scrutiny
4. Domestic Arbitral Awards
4.1 General
4.2 Confirmation of Enforceability
4.3 No Leave for Enforcement
4.4 Potential Remedies against Court Order Granting Enforcement
4.5 Consideration of Grounds of Setting Aside in Other Proceedings
5. Foreign Arbitral Awards
5.1 General
5.2 Multilateral Treaties / New York Convention
5.3 Leave for Enforcement and Enforcement Authorization
5.4 Austrian Case Law
6. Jurisdiction
6.1 Foreign Arbitral Awards
6.2 Domestic Arbitral Awards
3.5 Arbitration and Bankruptcy
1. Introduction
2. Austrian Bankruptcy Law
3. Effects of Bankruptcy on Arbitration Agreements
3.1 General
3.2 Cases of Impecuniosity as a Consequence of Bankruptcy
4. Effects of Bankruptcy on Pending Arbitral Proceedings
4.1 Automatic Stay of Arbitral Proceedings
4.2 Trustee Instead of Debtor
5. Arbitrability of Bankruptcy Matters and Claims
6. Is the Trustee Bound by "Pre-Bankruptcy" Arbitration Agreements?
6.1 General
6.2 Outstanding, Secured, Preferred and Asset Claims
6.3 Challenge Claims on Behalf of the Estate
6.4 Unsecured Claims

Chapter 4 Compendium of Case Law
4.1 Austrian Court Decisions
4.2 German Court Decisions

Chapter 5 Attachments
5.1 Austrian Arbitration Act (English Version)
5.2 Official Comment to the Austrian Arbitration Act (English version)
5.3 Austrian Arbitration Act prior to 1 July 2006 (English Version)
5.4 Synopsis on the Austrian Arbitration Act, the German Arbitration Act and the UNCITRAL Model Law
5.5 UNCITRAL Model Law on International Commercial Arbitration of 1985
5.6 German Arbitration Act (English Version)
5.7 Vienna Rules (English Version)
5.8 Bilateral Investment Treaties (concluded by Austria)
5.9 List of Authorities

Index

Über Autor(innen)

Stefan Riegler is a member of the Dispute Resolution Group at Baker & McKenzie in Vienna. He was a partner of Wolf Theiss before joining the firm in 2005. He specializes in the field of dispute resolution, in particular international commercial arbitration. Stefan Riegler graduated from the University of Vienna Law School, the School of International Arbitration and the London School of Economics and Political Science. He published numerous articles on the subject of arbitration, including the forthcoming book Arbitration and Bankruptcy. Stefan Riegler is co-founder and current chairman of YAAP (Young Austrian Arbitration Practitioners) and a member of the Austrian Arbitration Association (ArbAut), the German Institution of Arbitration (DIS) and the International Centre for Dispute Resolution (ICDR) Young & International.

Alexander Petsche heads Baker & McKenzie’s dispute resolution group in Vienna. He specialises in arbitration and distribution law, in particular franchising. Alexander Petsche is regularly appointed as arbitrator in ad-hoc and institutional arbitrations. He also represents parties before Austrian courts in matters relating to arbitration, including the challenge and enforcement of arbitral awards. In addition, he is an accredited business mediator. Alexander Petsche studied Law at the Universities of Vienna and Paris, and studied Business Administration at the University of Economics, Vienna, and the Lyon Graduate School of Business. He completed post-graduate studies at the College of Europe in Bruges. Alexander Petsche publishes regularly on international litigation and arbitration and has written more than 70 publications on various other business law topics.

Alice A. Fremuth-Wolf is an arbitrator and mediator in Vienna, Austria. Having studied law at the University of Vienna and at the London School of Economics and Political Science (LLM), she served as an assistant at the Institute of Civil Procedural Law at the Law Faculty of Vienna University and worked as an associate with Wolf Theiss (Vienna) and Baker & McKenzie (Vienna) before opening her own law firm in 2004. She has acted as arbitrator and party-representative in international commercial arbitration proceedings in English and German and is also a qualified mediator. She has authored articles and books on arbitration and is co-editor of Arbitration Law and Practice in Central and Eastern Europe. She also lectures at the Law Faculty of Vienna University, coaching the team of Vienna University for the annual Willem C. Vis International Arbitration Moot. Besides being a founding member of the Young Austrian Arbitration Practitioners (YAAP), she is member of several international arbitration associations.

Martin Platte is a member of the Dispute Resolution Group at Baker & McKenzie in Vienna. He specializes in the field of dispute resolution, in particular in international commercial arbitration and sports-related disputes. He joined Baker & McKenzie in 2005 after having worked in the international arbitration group of Mayer Brown Rowe & Maw in London for two years. Martin Platte graduated from the University of Vienna Law School and received a degree in European law from the University of Leuven (Belgium). He obtained an LL.M. degree from the University of London (London School of Economics). Martin Platte published numerous articles on the subject of international commercial arbitration and three books on the topic, including Enforcement of International Arbitration Awards – The New York Convention of 1958 and the forthcoming book Guidelines to Anti-Doping Law. Martin Platte is a member of the Austrian Arbitration Association (ArbAut), the German Institution of Arbitration (DIS) and the International Centre for Dispute Resolution (ICDR) Young & International.

Christoph Liebscher is head of arbitration of Wolf Theiss. Having obtained an MBA at Insead (Fontainebleau), he had worked in management positions in Germany, France, former Czechoslovakia, Poland, and other European countries before returning to the legal profession. He was and is involved in arbitrations as counsel and arbitrator under many jurisdictions including the Czech and the Slovak Republic, Hungary, France, Poland, Russia, Serbia, Montenegro, Bulgaria, Romania, Uzbekistan, Germany, England, Switzerland, and Liechtenstein. He has gained more than 25 years of experience in domestic/international commercial arbitration and litigation in English, German and French. He has published numerous books and articles on arbitration and business law. Amongst others he is a member of the ICC International Court of Arbitration, of the ICC Commission on International Arbitration, of the LCIA. He is also the current president of the Austrian Arbitration Association. He is listed as arbitrator with international arbitral centers of several economic chambers in Central Europe.