Comparative Guides
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Results: 4 Answers
International Arbitration
1.
Legal framework
1.1
What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?
 
Austria
Arbitration in Austria is governed by Sections 577 to 618 of the Austrian Code of Civil Procedure (ACCP), which apply if the seat of arbitration is in Austria. There are no specific limitations on the scope of the statutory regime (however, see question 10 regarding whether oral arbitration agreements are governed by Austrian arbitration law). Instead, certain provisions (eg, those on interim measures) shall also apply if the seat of arbitration is not located in Austria or has not yet been determined.

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
1.2
Does this legislation differentiate between domestic arbitration and international arbitration? If so, how is each defined?
 
Austria
Sections 577 to 618 of the ACCP govern both domestic and international arbitration.

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
1.3
Is the arbitration legislation in your jurisdiction based on the UNCITRAL Model Law on International Commercial Arbitration?
 
Austria
With limited exceptions, Austrian arbitration law is based on the UNCITRAL Model Law.

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
1.4
Are all provisions of the legislation in your jurisdiction mandatory?
 
Austria
The principle of party autonomy underpins Austrian arbitration law. Exceptionally, provisions are mandatory. For example, parties may not validly waive certain (procedural) rights, such as the right to be heard and the right to fair and equal treatment.

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
1.5
Are there any current plans to amend the arbitration legislation in your jurisdiction?
 
Austria
At present, there are no plans to amend the arbitration legislation in Austria.

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
1.6
Is your jurisdiction a signatory to the New York Convention? If so, have any reservations been made?
 
Austria
Austria ratified the New York Convention in 1961. In 1988 Austria withdrew its original reciprocity reservation under Article I(3) of the New York Convention. Accordingly, Austria no longer maintains any reservations.

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
1.7
Is your jurisdiction a signatory to any other treaties relevant to arbitration?
 
Austria
Austria has ratified the Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927. In 1964 Austria also ratified the European Convention on International Commercial Arbitration. In addition, Austria has ratified a series of bilateral agreements on the recognition and enforcement of arbitral awards with Belgium, British Colombia, Croatia, Germany, Kosovo, Liechtenstein, Macedonia, Montenegro, the Russian Federation, Slovenia, Switzerland and Serbia.

Austria has been a contracting state to the International Centre for the Settlement of Investment Disputes Convention since 1971.

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law