Challenging arbitral awards in Austria

Produced in partnership with Dr. Andreas Reiner of ARP Attorneys and Tamara Manasijevic of ARP Attorneys

Practice notes

Challenging arbitral awards in Austria

Produced in partnership with Dr. Andreas Reiner of ARP Attorneys and Tamara Manasijevic of ARP Attorneys

Practice notes

This Practice Note considers challenging (setting aside) arbitral Awards under Austrian law.

Note: The decisions of the Austrian Supreme Court (Oberster Gerichtshof) (OGH) referred to below are not reported by LexisNexis®.

Section 611 of the Austrian Code of Civil Procedure (ACCP) (Zivilprozessordnung) is the provision relevant for the setting aside of arbitral awards rendered by Arbitral Tribunals which have their seat in Austria:

‘(1) Recourse to a court against an arbitral award may be made only by means of an action for setting aside. This shall also apply to arbitral awards in which the arbitral tribunal ruled on its own Jurisdiction.
(2) An arbitral award shall be set aside if:
(1) a valid arbitration agreement does not exist, or the arbitral tribunal has denied its jurisdiction despite the existence of a valid arbitration agreement, or a party was under an incapacity to conclude a valid arbitration agreement under the law governing its personal status;
(2) a party was not given proper notice

Dr. Andreas Reiner

ARP Attorneys

Active as sole arbitrator, tribunal chair, co-arbitrator and party counsel in arbitrations under institutional rules of the ICC, LCIA, VIAC, ICSID, the Court of Arbitration of the Hungarian Chamber of Commerce and Industry, the Permanent Court of Arbitration of the Croatian Chamber of Commerce, the Arbitral Institute of the Finnish Chamber of Commerce, the Association Française de l’Arbitrage (AFA), the Chamber of Commerce and Industry of Romania (CCIR), UNCITRAL and in a variety of other ad hoc arbitrations.

Tamara Manasijevic

Arbitrator and Counsel, ARP Attorneys

Tamara Manasijevic acts as arbitrator and counsel in domestic and international arbitral proceedings.

She has experience in commercial arbitration, having acted as counsel, arbitrator, and secretary to arbitral tribunals in over 30 proceedings under various institutional and ad hoc arbitration rules, including ICC, Zagreb Rules, VIAC, and UNCITRAL.

These arbitrations covered a wide range of disputes, particularly in construction and engineering (notably under the FIDIC Books), energy (oil, gas, electricity, and issues related to the liberalisation of the European energy markets), supply contracts, distribution and management agreements, license agreements, sanctions-related matters, joint ventures, M&A, and corporate disputes. The arbitrations were governed by diverse legal frameworks, including the laws of Croatia, Austria, Switzerland, Slovenia, Germany, France, Romania, Poland, the Czech Republic, Greece, Belgium, Spain, England, Russia, Serbia, and Yemen.

Jurisdiction(s):

United Kingdom

Key definition:

Award definition

What does Award mean?

Generally, a final, binding decision of the arbitral tribunal on the substantive dispute between the parties. Arbitral awards may also be interim (ie they have temporary, not final, effect) and partial (ie deciding one or more, but not all, of the issues in the dispute on a final, binding basis).

Challenging arbitral awards in Austria

Produced in partnership with Dr. Andreas Reiner of ARP Attorneys and Tamara Manasijevic of ARP Attorneys