AUSTRIA 15
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXII (2007)
Jurisdiction
Austria
Original full text
Full text decision AUSTRIA 15
Excerpt
Excerpt decision AUSTRIA 15
Summary
Austria 15. Oberster Gerichtshof, 24 August 2005
Related topics
101
Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
403
Original or copy arbitration agreement
The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.
503
Burden of proof on respondent
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.
505
Incapacity of party
506
Law applicable to the arbitration agreement
Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.