The setting aside of an arbitral award is a rarity in the Austrian legal landscape. However, on 3 April 2024, the Austrian Supreme Court (the “ASC”) issued a landmark decision setting aside an…
Alice, welcome back to Kluwer Arbitration Blog, and thank you for allowing us to continue our previous conversation published here in 2019. This time we would like to focus on ‘Alice Fremuth-Wolf’ as…
The Vienna International Arbitral Centre (“VIAC”) announces its most recent update to the VIAC Rules of Arbitration and Mediation (the VIAC Rules of Arbitration and Mediation 2021) taking effect on 1…
On 23 July 2020, the Austrian Supreme Court (Oberster Gerichtshof, OGH) rendered a decision examining whether conducting an arbitration hearing by videoconference over the objection of a party may…
In a recent decision of November 2019 the Austrian Supreme Court (“OGH” in German) considered whether an arbitral award rendered by the Chamber of Industry and Commerce of Belarus shall be declared…
Like virtually all arbitration laws, the Austrian Arbitration Act is silent on whether the lack of impartiality and independence of an arbitrator may be invoked for the first time in setting aside…
Ms. Fremuth-Wolf, thank you for joining us on the Kluwer Arbitration Blog! We know that spring is a busy time for the arbitration community in Vienna and we are grateful to have the opportunity to…
As worldwide competition amongst arbitral institutions continues, the Europe-based arbitral institutions have, thus far, been able to defend their strong market position. Currently, the International…
In its decision 6 Ob 195/17w dated 17 January 2018, the Austrian Supreme Court decided that the form requirements for an arbitration agreement also apply to the authorisation to an agent to enter…
In the context of the backlash against investor-state dispute settlement (“ISDS”), one of the main criticisms is the asymmetric nature of investment treaties, which impose numerous obligations on the…