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.

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4. Results: Answers
International Arbitration
The role of the court during an arbitration
Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?

Answer ... Section 584(1) of the ACCP states that a court in which an action is brought in a matter which is the subject of an arbitration agreement shall dismiss the action, provided that the respondent does not make submissions on the matter in dispute or participate in a hearing before the court without raising an objection. This shall not apply if the tribunal establishes that the arbitration agreement does not exist or is incapable of being performed. If such proceedings are pending in a court, arbitration proceedings may nevertheless be commenced or continued, and an award may be rendered.

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?

Answer ... Section 578 of the ACCP provides that courts may act in an arbitration only as so provided in Sections 577 to 618 of the ACCP:

  • Under Section 585, a party may request, before or during arbitration proceedings, interim or protective measures and a court may grant such measures.
  • Under Section 593(3), the court shall, upon application by a party, enforce interim or protective measures issued by the tribunal.
  • Under Section 602, state courts may provide judicial assistance to the tribunal concerning judicial acts that go beyond the tribunal’s authority.

Furthermore, state courts have powers in the context of:

  • the arbitrator appointment procedure;
  • the challenge of an arbitrator;
  • the setting aside of an award; and
  • the declaration of the existence or non-existence of an award.

Section 577(3) of the ACCP states that certain provisions of Austrian arbitration law, such as Section 585 and Section 593(3) of the ACCP, shall apply even if the seat of arbitration is not located in Austria or has not yet been determined.

For more information about this answer please contact: Leon Kopecký from Schoenherr Attorneys at Law
Can the parties exclude the court's powers by agreement?

Answer ... According to legal scholars, the powers conferred on state courts in Sections 577 and following of the ACCP are mandatory.

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