Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
International Arbitration
7.
Consolidation and third parties
7.1
Does the law in your jurisdiction permit consolidation of separate arbitrations into a single arbitration proceeding? Are there any conditions which apply to consolidation?
 
Austria
Austrian arbitration law does not explicitly provide for consolidation of separate arbitrations into a single arbitration.

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
7.2
Does the law in your jurisdiction permit the joinder of additional parties to an arbitration which has already commenced?
 
Austria
The joinder of additional parties to an arbitration which has already commenced is not expressly governed by Austrian arbitration law. However, additional parties may join an arbitration which has already commenced if all parties to the arbitration consent to the joinder. According to the Austrian Supreme Court, the joinder of a third party against its will or the extension of the binding effect of an arbitration award to a third party would conflict with fundamental procedural rights, such as the right to be heard.

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
7.3
Does an arbitration agreement bind assignees or other third parties?
 
Austria
Whether an arbitration agreement binds assignees or other third parties is not expressly governed by Sections 577 to 618 of the ACCP. However, with respect to universal succession, it is well established that an arbitration agreement binds universal successors. Similarly, with respect to singular succession, it is accepted that an arbitration agreement binds a singular successor. Also, where a contract confers benefits on a third party, the latter may not accept the benefits without being bound by the arbitration agreement.

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