Comparative Guides
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Results: 4 Answers
International Arbitration
5.
The parties
5.1
Are there any restrictions on who can be a party to an arbitration agreement?
 
Austria
Sections 617 and 618 of the ACCP provide for specific rules concerning consumer and employment-related disputes. Otherwise, Sections 577 to 618 of the ACCP do not provide for specific rules concerning the capacity to conclude an arbitration agreement. Rather, this is a matter of Austrian civil law (see question 10 concerning Section 1008 of the Austrian Civil Code).

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
5.2
Are the parties under any duties in relation to the arbitration?
 
Austria
In several instances, Sections 577 to 618 of the ACCP provide for rules that require a party to take procedural actions (eg, in the context of the arbitration appointment procedure). However, Austrian arbitration law provides for default rules in case a party fail to take certain procedural actions. For example, should a party fail to appoint an arbitrator within four weeks of receipt of a written request from the other party to do so, the appointment shall, upon the request of a party, be made by the court. Specific rules apply to the claimant’s failure to file the statement of claim or the respondent’s failure to respond to the statement of claim within the timeframe agreed or set (see question 30).

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
5.3
Are there any provisions of law which deal with multi-party disputes?
 
Austria
No specific provisions of law which deal with multi-party disputes exist. At the same time, though, Section 587(5) of the ACCP sets out specific rules in relation to the appointment of arbitrators in multi-party situations. In any case, multi-party arbitration requires that a valid arbitration agreement for all parties to the proceedings exist.

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