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Results: 4 Answers
International Arbitration
3.
Arbitration agreement
3.1
What are the validity requirements for an arbitration agreement in your jurisdiction?
 
Austria
The validity requirements in terms of content and form of an arbitration agreement can be inferred from Sections 581(1) and 583(1) of the ACCP.

Section 581(1) of the ACCP determines the elements of an arbitration agreement, defining it as an agreement by parties to submit to arbitration all or certain disputes which have arisen or which may arise between them, in respect of a defined legal relationship of a contractual or non-contractual nature. The determination of, among other things, the number of arbitrators, the seat of the arbitration, the language(s) to be used in the arbitration proceedings and the law applicable to the arbitration agreement is optional.

Section 583(1) of the ACCP provides that the arbitration agreement shall be in writing. This includes in a document signed by the parties or in letters, faxes, emails or other forms of transmission of messages exchanged between the parties which provide proof of the agreement.

Furthermore, if an agent concludes the arbitration agreement, parties must bear in mind that Section 1008 of the Austrian Civil Code requires a special power of attorney to authorise the agent to conclude an arbitration agreement on behalf of the principal.

Arbitration agreements entered into by consumers and entrepreneurs may be concluded only after the dispute has arisen and after the consumer has been given written advice on the differences between arbitration and court proceedings. The same holds true with respect to certain employment matters.

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
3.2
Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?
 
Austria
Austrian arbitration law does not explicitly provide for the doctrine of separability. However, the doctrine of separability is widely accepted by legal scholars in Austria. In contrast, according to the Austrian Supreme Court, whether the main contract and the arbitration agreement are separable is a matter of contract interpretation. Specifically, the parties’ intentions at the time the agreement was signed are critical in determining whether the invalidity of the main contract also results in the invalidity of the arbitration agreement.

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
3.3
Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?
 
Austria
Section 595(1) of the ACCP provides that the parties are free to agree on the seat of arbitration. If no such agreement exists, the seat of arbitration shall be determined by the arbitral tribunal; in such determination, the circumstances of the case - including the convenience of the parties - will be considered.

Section 596 of the ACCP provides that the parties are free to agree on the language or languages to be used in the proceedings. If no such agreement exists, the tribunal shall determine the language of the proceedings.

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