AUSTRIA 9
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXI (1996)
Jurisdiction
Austria
Original full text
Full text decision AUSTRIA 9
Excerpt
Excerpt decision AUSTRIA 9
Summary
Austria 9. Oberster Gerichtshof, 22 May 1991
Related topics
203-204
Formal validity, uniform law and municipal law
401
Conditions to be fulfilled by petitioner in general
The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.
503
Burden of proof on respondent
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.