The following Arbitration guidance note Produced in partnership with Dr Andreas Reiner and Carsten Kern of ARP (Vienna) provides comprehensive and up to date legal information covering:
This Practice Note considers the interim remedies available from the Austrian courts to support arbitration and from arbitral tribunals under Austrian law. Austrian arbitration law forms part of the fourth chapter of the Austrian Code of Civil Procedure (ACCP). Unlike the United Nations Commission on International Trade Law (UNCITRAL) Model Law, Austrian law does not differentiate between domestic and foreign arbitrations. The provisions of the fourth chapter of the ACCP (sections 577 to 618) apply to arbitrations having their seat in Austria, although some of its provisions are applicable regardless of the place of arbitration (ACCP, s 577(2)).
Sections 585 and 593 of ACCP are the provisions applicable to interim remedies in arbitration proceedings (the former providing for the issuance of interim measures by state courts and the latter governing interim measures by arbitral tribunals).
Note: Austrian judgments referred to in this Practice Note are not reported by LexisNexis® UK.
ACCP, s 585 allows parties to seek interim remedies from a state court despite having entered into an arbitration agreement, and without such requests being considered a waiver of arbitration. Parties may apply to courts for interim or protective measures before or during arbitral proceedings. This provision is applicable regardless of whether the seat of the arbitration is located within Austria.
The Official Explanatory Comments make clear that this
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