Comparative Guides
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Results: 4 Answers
International Arbitration
2.
Arbitrability and restrictions on arbitration
2.1
How is it determined whether a dispute is arbitrable in your jurisdiction?
 
Austria
Section 582 of the ACCP governs the arbitrability of a dispute. It provides that any pecuniary claim may be made subject of an arbitration agreement. Conversely, non-pecuniary disputes are arbitrable only if they may be the subject of a settlement. Under Section 582(2) of the ACCP, matters of family law and claims regarding contracts to which the Tenancy Act, the Non-profit Housing Act and the Condominium Act apply are not arbitrable. In a similar fashion, Section 9(2) of the Labour and Social Courts Act provides that matters of social security law and disputes arising out of collective labour agreements are non-arbitrable.

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
2.2
Are there any restrictions on the choice of seat of arbitration for certain disputes?
 
Austria
No express restrictions exist on the choice of seat of arbitration for certain disputes. However, as set out in question 1, Sections 577 to 617 of the ACCP apply only if the seat of arbitration is in Austria.

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