AUSTRIA 18

23 - 10 - 2007

AUSTRIA 18

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIII (2008)
Jurisdiction Austria
Summary

Austria 18. Oberster Gerichtshof, 23 October 2007

Related topics
101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
405

The court discusses issues relating to the moment when the documents that are required for seeking recognition and enforcement must be supplied, and whether any defect can be cured later in the enforcement proceeding.

"At the time of application"
503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

Burden of proof on respondent
505 Incapacity of party
506

Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.

Law applicable to the arbitration agreement
511

Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

"Otherwise unable to present his case"
513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
AUSTRIA 18