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AUSTRIA 36
Oberster Gerichtshof, 29 August 2019
(C SA v. E SA, et al.)
AUSTRIA 36
Oberster Gerichtshof, 29 August 2019, (C SA v. E SA, et al.), 6 Ob 142/19d
The Supreme Court held that an ICC arbitration pending in Brazil constituted the main proceeding providing the basis for the interim injunction sought by the claimant under the Austrian Enforcement Act (EO). It was irrelevant that the some of the defendants, managing directors of the other defendants, were not parties to the Brazilian arbitration, since the Court had held in an earlier decision that an interim injunction securing claims against a company could also be directed against its managing director, even if the applicant had no separate claim against the managing director.
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
Related court proceedings: The court discusses whether provisional measures, such as the pre-award attachment of assets, are compatible with the Convention.