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AUSTRIA 37
Oberster Gerichtshof, 19 November 2019
(R v. P GmbH)
AUSTRIA 37
The Supreme Court affirmed the decisions of the lower courts that had denied recognition and enforcement of an award of the International Court of Arbitration at the Belorussian Chamber of Commerce and Industry. The Court referred to earlier decisions in which it had held that while it was in principle admissible for two arbitrators to exchange bilateral written communications, this should not result in the de facto exclusion of the third arbitrator from the deliberations, since the participation of all arbitrators was an essential requirement of arbitration.
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.