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.

Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLV (2020)


Original full text
Full text decision AUSTRIA 36

Excerpt decision AUSTRIA 36

Topics in AUSTRIA 36
¶101 » Award made in the territory of another (Contracting) State (paragraphs 1 and 3 – first or "reciprocity" reservation)
¶228 » Pre-award attachment and other provisional measures

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