ARP Attorneys

This Practice Note considers the grounds for challenging (or setting aside) arbitral awards in the Austrian courts and the procedure for doing so. Appeals on the merits are not available in Austria but awards may be set aside for UNCITRAL Model Law reasons and for violations of Austrian procedural public policy.

This Practice Note sets out how to challenge the tribunal’s jurisdiction under Austrian law. It covers the tribunal’s power to determine its own jurisdiction and the court’s powers to review a tribunal’s jurisdiction. Austrian law does not permit anti-suit injunctions in support of arbitration.

This Practice Note sets out the legal framework and procedure for obtaining the recognition and enforcement of an international arbitration award in Austria. It also considers the grounds for refusal of recognition and enforcement.

This Practice Note sets out the interim remedies (measures and relief) available in the Austrian courts to support arbitration. It also covers remedies available from an arbitral tribunal and the enforcement of such remedies through the courts.

This Practice Note discusses the role of state (sovereign) immunity in arbitration proceedings, and as a defence to enforcement of a foreign arbitration award, in Austria.