Comparative Guides
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Results: 4 Answers
International Arbitration
4.
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 
Austria
A jurisdictional objection must be raised no later than at the time of the first submissions on the subject matter of the dispute. A party shall not be precluded from raising this objection as a result of having appointed an arbitrator or having participated in the appointment of an arbitrator.

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
4.2
Can a tribunal rule on its own jurisdiction?
 
Austria
Under Section 592 para 1 of the ACCP, the tribunal shall itself decide on its jurisdiction (‘competence-competence’). This decision may be issued together with the decision on the merits or in a separate arbitral award.

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Austria
Austrian arbitration law does not provide for a specific procedure on the basis of which a party may apply to the courts of the seat for a ruling on the jurisdiction of the tribunal. Instead, as set out above, the tribunal shall itself decide on its jurisdiction. If the tribunal decides on its jurisdiction in a separate award, the parties may file an action to set aside the separate award. In such case, Section 592(4) of the ACCP provides that the tribunal may continue the proceedings and render an award while the action for setting aside of the arbitral award by which the tribunal found it had jurisdiction is still pending.

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