Interim remedies in support of arbitration in Austria

Produced in partnership with Dr. Andreas Reiner of ARP Attorneys and Tamara Manasijevic of ARP Attorneys

Practice notes

Interim remedies in support of arbitration in Austria

Produced in partnership with Dr. Andreas Reiner of ARP Attorneys and Tamara Manasijevic of ARP Attorneys

Practice notes

This Practice Note considers interim remedies in support of arbitration under Austrian law.

Note: The decisions of the Austrian Supreme Court (Oberster Gerichtshof) (OGH) referred to below are not reported by LexisNexis®.

This Practice Note considers the interim remedies available from the Austrian courts to support arbitration and from arbitral tribunals under Austrian law. Austrian arbitration law forms part of the fourth chapter of the Austrian Code of Civil Procedure (ACCP). Unlike The United Nations Commission on International Trade Law (UNCITRAL) Model Law, Austrian law does not differentiate between domestic and foreign arbitrations. The provisions of the fourth chapter of the ACCP (sections 577 to 618) apply to arbitrations having their seat in Austria, although some of its provisions are applicable regardless of the place of arbitration (ACCP, s 577(2)).

Sections 585 and 593 of ACCP are the provisions applicable to interim remedies in arbitration proceedings (the former providing for the issuance of interim measures by state courts and the latter

Dr. Andreas Reiner

ARP Attorneys

Active as sole arbitrator, tribunal chair, co-arbitrator and party counsel in arbitrations under institutional rules of the ICC, LCIA, VIAC, ICSID, the Court of Arbitration of the Hungarian Chamber of Commerce and Industry, the Permanent Court of Arbitration of the Croatian Chamber of Commerce, the Arbitral Institute of the Finnish Chamber of Commerce, the Association Française de l’Arbitrage (AFA), the Chamber of Commerce and Industry of Romania (CCIR), UNCITRAL and in a variety of other ad hoc arbitrations.

Tamara Manasijevic

Arbitrator and Counsel, ARP Attorneys

Tamara Manasijevic acts as arbitrator and counsel in domestic and international arbitral proceedings.

She has experience in commercial arbitration, having acted as counsel, arbitrator, and secretary to arbitral tribunals in over 30 proceedings under various institutional and ad hoc arbitration rules, including ICC, Zagreb Rules, VIAC, and UNCITRAL.

These arbitrations covered a wide range of disputes, particularly in construction and engineering (notably under the FIDIC Books), energy (oil, gas, electricity, and issues related to the liberalisation of the European energy markets), supply contracts, distribution and management agreements, license agreements, sanctions-related matters, joint ventures, M&A, and corporate disputes. The arbitrations were governed by diverse legal frameworks, including the laws of Croatia, Austria, Switzerland, Slovenia, Germany, France, Romania, Poland, the Czech Republic, Greece, Belgium, Spain, England, Russia, Serbia, and Yemen.

Jurisdiction(s):

United Kingdom

Key definition:

Arbitral Tribunal definition

What does Arbitral Tribunal mean?

The arbitrator(s) appointed on or behalf of the parties to an arbitration to resolve their dispute. A tribunal may consist of a sole arbitrator or a panel of arbitrators (generally, three).

Interim remedies in support of arbitration in Austria

Produced in partnership with Dr. Andreas Reiner of ARP Attorneys and Tamara Manasijevic of ARP Attorneys