Journal of International Arbitration

Volume 27 (2010)

Volume 27 (2010) / Issue 4

Barbara Helene Steindl, 'Learned Lawyers Attest: It Is Advantageous To Be Right in (an Austrian) Court' (2010) 27 Journal of International Arbitration, Issue 4, pp. 427–437

Abstract

This article reviews arbitration-related Austrian Supreme Court judgments rendered between January 2008 and February 2010. Proceedings dealing with claims that marginally refer to arbitration although neither of the parties’ allegations nor the courts’ analysis implicate Austrian or foreign arbitration and enforcement laws or treaties, as well as proceedings dealing with provisions of the Austrian Arbitration Law prior to its 2006 amendment which are not reflected in the current law, were disregarded. This review covers jurisprudence on the issues of (i) estoppel and public policy; (ii) the law applicable to the (substantive) validity of the arbitration agreements and their extension to third-party beneficiaries; (iii) the availability of partial set-aside; (iv) venire contra factum proprium under Article V(1)(a) of the New York Convention; (v) the admissibility of third-party intervention in arbitration; and (vi) the authorization required for an international arbitral institution’s body to certify arbitral awards.

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ISSN: 0255-8106
ID: JOIA2010024