Arbitration—Austria—Q&A guide

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • Arbitration—Austria—Q&A guide
  • 1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?
  • 2. Do bilateral investment treaties exist with other countries?
  • 3. What are the primary domestic sources of law relating to domestic and foreign arbitral proceedings, and recognition and enforcement of awards?
  • 4. Is your domestic arbitration law based on the UNCITRAL Model Law? What are the major differences between your domestic arbitration law and the UNCITRAL Model Law?
  • 5. What are the mandatory domestic arbitration law provisions on procedure from which parties may not deviate?
  • 6. Is there any rule in your domestic arbitration law that provides the arbitral tribunal with guidance as to which substantive law to apply to the merits of the dispute?
  • 7. What are the most prominent arbitral institutions situated in your jurisdiction?
  • 8. Are there any types of disputes that are not arbitrable?
  • 9. What formal and other requirements exist for an arbitration agreement?
  • More...

Arbitration—Austria—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to arbitration in Austria published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2020).

Authors: OBLIN Attorneys at Law—Klaus Oblin

1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?

Austria has ratified the following multilateral conventions relating to arbitration:

  1. the New York Convention, 31 July 1961 (Austria has made a notification under article I(3), stating that it would only recognise and enforce awards rendered in other contracting states of this convention);

  2. the Protocol on Arbitration Clauses, Geneva, 13 March 1928;

  3. the Convention on the Execution of Foreign Arbitral Awards, Geneva, 18 October 1930;

  4. the European Convention on International Commercial Arbitration (and the agreement relating to its application), 4 June 1964; and

  5. the Convention on the Settlement of Investment Disputes, 24 June 1971.

2. Do bilateral investment treaties exist with other countries?

Austria has signed 69 bilateral investment treaties, of which 62 have been ratified, namely with Albania, Algeria, Argentina, Armenia, Azerbaijan, Bangladesh, Belarus, Belize, Bolivia, Bosnia, Bulgaria, Cape Verde, Chile,

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