Challenging arbitral awards in Austria
Produced in partnership with Dr Andreas Reiner and Tamara Manasijevic of ARP (Vienna)
Challenging arbitral awards in Austria

The following Arbitration guidance note Produced in partnership with Dr Andreas Reiner and Tamara Manasijevic of ARP (Vienna) provides comprehensive and up to date legal information covering:

  • Challenging arbitral awards in Austria
  • Formal requirements
  • Jurisdiction and procedure
  • Grounds for setting aside

This Practice Note considers grounds for challenging (or setting aside) arbitral awards in the Austrian courts and the procedure for doing so. Appeals on the merits are not available in Austria but awards may be set aside for UNCITRAL Model Law reasons and for violations of Austrian procedural public policy.

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 of the appointment of an arbitrator or of the arbitral proceedings or was for other reasons unable to present its case;

     (3) the award deals with a dispute not covered by the arbitration agreement, or contains decisions on matters beyond the scope of the arbitration agreement