Journal
Entries will be published after editorial review.
Partial award: resolving part of a claim before the final award
Partial awards in Austrian arbitration: separability of a claim, binding effect and continuation towards the final award.
Arbitrator mandate ends: replacement and repeating the hearing
Arbitrator mandate ends: sections 590 and 591 ZPO on replacement, continuation of the proceedings and repeating the hearing.
Arbitration agreements with consumers: form, information and the state court route
Arbitration agreements with consumers: Section 617 Austrian ZPO requires a special form, prior information and careful review of the state court route.
Changing the Procedural Language after Constitution: Party Request and Costs
Changing the procedural language in a VIAC arbitration after constitution: party request, fair hearing, translation costs and the final allocation of costs.
Sole Arbitrator or Three-Member Tribunal at VIAC: Choosing the Number and Cost Risk
Sole arbitrator or three-member tribunal at VIAC: Article 17, appointment, 30-day deadlines and cost exposure explained.
Document production in arbitration: requesting records from the opposing party
Document production in arbitration: how to make a focused request for the opposing party’s contract records or project files and address relevance and objections.
Technical party expert report in arbitration: evidential value and technical issues
Technical party expert reports in arbitration: evidential value, technical questions, selection and conflicts in VIAC proceedings.
Counterclaim in arbitration: jurisdiction and scope of the arbitration clause
Counterclaims and set-off in Austrian arbitration: when the arbitration clause covers the claim, when jurisdiction must be challenged and what VIAC adds.
Insolvency of a party in arbitration: administrator, stay and continuation
What happens when a party becomes insolvent in arbitration? Sections 6, 7 and 8 IO and OGH guidance on the administrator and continuation.
Interim Measure before Constitution of the Arbitral Tribunal: State Court or Emergency Arbitrator
Interim relief before the arbitral tribunal is constituted: when is a state court available and what role does an Emergency Arbitrator play?
Seat and hearing venue in arbitration: why they are not the same
Keep the seat and hearing venue separate: Austrian ZPO sections 595 and 598 and Article 25 of the Vienna Rules in practice.
Emergency Arbitrator under the Vienna Rules? Protection before constitution of the tribunal
Emergency Arbitrator under the Vienna Rules? The current rules contain no separate Emergency Arbitrator mechanism. Review protection before constitution of the tribunal.
Consolidating Two VIAC Arbitrations Despite Different Contracts
Consolidating two VIAC arbitrations based on different contracts: Article 15 Vienna Rules and the key procedural checks.
Majority decision by an arbitral tribunal: voting and signatures
Majority decisions in Austrian arbitration: sections 604 and 606 ZPO on voting, the chair, non-participation and award signatures.
Equity decision in arbitration: party authorisation under section 603 ZPO
Equity decisions in Austrian arbitration under section 603 ZPO: when party authorisation is required and how its scope is assessed.
Expedited VIAC arbitration: Six-month award under Article 45
Expedited VIAC arbitration: Article 45 provides for a six-month award after transmission of the file. Conditions, procedure and costs.
Missed arbitration claim: when proceedings end under Section 600 ZPO
Section 600 ZPO distinguishes the consequences of missing the arbitration claim from missing a response or another procedural act.
Third-Party Funding in VIAC Arbitration: Disclosure and Conflicts
Third-party funding in VIAC arbitration: when the funder must be disclosed and how potential conflicts are addressed.
Security for costs in VIAC arbitration: protection when cost recovery is at risk
When a VIAC tribunal may order security for costs, what must be shown and what may happen if the ordered security is not provided.
The other party does not pay the VIAC advance on costs: who funds the case first?
If the other party does not pay its VIAC advance, learn who may cover the shortfall, what happens to the claims and how costs are allocated later.
Court assistance in arbitration: securing evidence under section 602 ZPO
Section 602 ZPO: when an Austrian court may assist with evidence in arbitration and why a party needs the tribunal’s consent.
Seat of arbitration in Austria: which rules still matter
Seat of arbitration in Austria: scope, jurisdiction and procedural link under Austrian ZPO section 577.
Recording an arbitration settlement: when it works like an award
Recording an arbitration settlement: section 605 ZPO on minutes, consent award and legal effect.
Correcting or supplementing an arbitral award: using the four week window
Correcting or supplementing an arbitral award under section 610 ZPO: four week window and limits.
Arbitrator unable to continue: how early termination is reviewed
Arbitrator unable to continue: Austrian ZPO section 590 on resignation, termination and court application.
Form of the arbitration agreement: email and incorporation requirements
Form of the arbitration agreement: email, incorporation and participation under Austrian ZPO section 583.
Interim measures despite an arbitration clause
Interim measures despite an arbitration clause: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Preparing a VIAC request for arbitration
Preparing a VIAC request for arbitration: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Consumer participation in arbitration clauses
Consumer participation in arbitration clauses: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Court claim despite arbitration clause
Court claim despite arbitration clause: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Multi-party arbitration and who is bound
Multi-party arbitration and who is bound: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Securing Austrian assets after an arbitral award
Securing Austrian assets after an arbitral award: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Security in enforcement proceedings
Security in enforcement proceedings: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Expert determination or arbitral tribunal
Expert determination or arbitral tribunal: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Tribunal exceeding its mandate in enforcement
Tribunal exceeding its mandate in enforcement: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Public policy in enforcement of arbitral awards
Public policy in enforcement of arbitral awards: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Defective award and the need to challenge it
Defective award and the need to challenge it: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Non-award in arbitration
Non-award in arbitration: Austrian arbitration orientation on clause, procedure, evidence and next steps.
New York Convention and non-contracting states
New York Convention and non-contracting states: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Suspending enforcement of an arbitral award
Suspending enforcement of an arbitral award: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Enforcing a foreign arbitral award in Austria
Enforcing a foreign arbitral award in Austria: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Breach of institutional rules and setting aside
Breach of institutional rules and setting aside: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Conflict check before appointing an arbitrator
Conflict check before appointing an arbitrator: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Arbitrator bias discovered after the award
Arbitrator bias discovered after the award: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Setting aside claim and mandatory counsel
Setting aside claim and mandatory counsel: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Missed challenge of an arbitrator
Missed challenge of an arbitrator: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Arbitral award with empty reasoning
Arbitral award with empty reasoning: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Right to be heard and new evidence in arbitration
Right to be heard and new evidence in arbitration: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Substantive public policy and arbitral awards
Substantive public policy and arbitral awards: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Rejected evidence request and setting aside
Rejected evidence request and setting aside: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Setting aside is not an appeal on the merits
Setting aside is not an appeal on the merits: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Arbitration agreement as procedural contract
Arbitration agreement as procedural contract: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Arbitration clauses in articles and statutes
Arbitration clauses in articles and shareholder agreements: how to examine scope, parties and covered disputes before proceedings.
Does an arbitration clause cover amendments and call-off orders?
When a framework agreement arbitration clause also covers amendments and call-off orders, and which contract documents matter under Austrian law.
GmbH resolution disputes before an arbitral tribunal
GmbH resolution disputes before an arbitral tribunal: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Invalid arbitrator appointment in old clauses
Invalid arbitrator appointment in old clauses: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Jurisdiction objection raised too late in arbitration
Jurisdiction objection raised too late in arbitration: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Conciliation or arbitration tribunal in the clause
Conciliation or arbitration tribunal in the clause: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Arbitration agreement valid but dispute not covered
Arbitration agreement valid but dispute not covered: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Appointing an arbitrator under an unclear clause
Appointing an arbitrator under an unclear clause: Austrian arbitration orientation on clause, procedure, evidence and next steps.
Conflicting terms and arbitration clauses
Conflicting terms and arbitration clauses: Austrian arbitration orientation on clause, procedure, evidence and next steps.