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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Arbitration Law of Austria: Practice and Procedure

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ISBN13: 9781933833071
Published: March 2007
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £110.00

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Arbitration Law of Austria, with over 800 pages of commentary and analysis, provides the reader in a "one-stop-shop" manner with a concise but comprehensive tool for understanding and conducting arbitrations under the Austrian Arbitration Act and the Vienna Rules.

Austria has taken account of international developments and revised its law on arbitration. The new Arbitration Act, which is based on the UNCITRAL Model Law, entered into force on 1 July 2006. Arbitration Law of Austria: Practice and Procedure has been designed to be a reference book for arbitration practitioners and everyone who wants to familiarize themselves in depth with Austrian arbitration law and practice (including the "Vienna Rules").

It gives a concise introduction and provides a practical commentary to each section of the new Arbitration Act and each article of the Vienna Rules. Section by section the book analyses which case law rendered under the old regime still applies and, for the first time, summarises Austrian case law in English. In addition, five topics of particular interest are covered in detail: arbitration agreements and third parties; confidentiality in arbitration; arbitrators' liability, enforcement and recognition of arbitral awards, and arbitration and bankruptcy.

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European Jurisdictions, Arbitration and Dispute Resolution, Austria
About the Authors
List of Abbreviations
Chapter 1 Commentary on Sections 577 to 618 Austrian Code of Civil Procedure
Chapter 2 Commentary on the "Vienna Rules"
Chapter 3 Special Topics
3.1 Confidentiality in Arbitration
3.2 Arbitration Agreement and Third Parties
(i) The Separability Doctrine - Autonomy or Dependency from Main Contract
(ii) Legal Nature of the Arbitration Agreement
(iii) Writing Requirement
(1) Universal Successors
(2) Singular Successors (especially assignment of claims)
(3) Other Third Parties
(4) Group of Companies and Groups of Contracts
3.3 Arbitrators' Liability
1. Introduction
2. Applicable Law
3. Procedural Remedies
4. Extent of Liability
5. Arbitrator's Contract
6. Requirements for Liability
6.1 Case Law
6.2 Legal Literature
6.3 Extensive Interpretation of Sec 594 (4)
6.4 Standard of Care
7. Conclusion
3.4 Enforcement and Recognition of Arbitral Awards
1. Introduction
2. Domestic versus Foreign
3. Level of Scrutiny
4. Domestic Arbitral Awards
4.1 General
4.2 Confirmation of Enforceability
4.3 No Leave for Enforcement
4.4 Potential Remedies against Court Order Granting Enforcement
4.5 Consideration of Grounds of Setting Aside in Other Proceedings
5. Foreign Arbitral Awards
5.1 General
5.2 Multilateral Treaties / New York Convention
5.3 Leave for Enforcement and Enforcement Authorization
5.4 Austrian Case Law
6. Jurisdiction
6.1 Foreign Arbitral Awards
6.2 Domestic Arbitral Awards
3.5 Arbitration and Bankruptcy
1. Introduction
2. Austrian Bankruptcy Law
3. Effects of Bankruptcy on Arbitration Agreements
3.1 General
3.2 Cases of Impecuniosity as a Consequence of Bankruptcy
4. Effects of Bankruptcy on Pending Arbitral Proceedings
4.1 Automatic Stay of Arbitral Proceedings
4.2 Trustee Instead of Debtor
5. Arbitrability of Bankruptcy Matters and Claims
6. Is the Trustee Bound by "Pre-Bankruptcy" Arbitration Agreements?
6.1 General
6.2 Outstanding, Secured, Preferred and Asset Claims
6.3 Challenge Claims on Behalf of the Estate
6.4 Unsecured Claims
Chapter 4 Compendium of Case Law
4.1 Austrian Court Decisions
4.2 German Court Decisions
Chapter 5 Attachments
5.1 Austrian Arbitration Act (English Version)
5.2 Official Comment to the Austrian Arbitration Act (English version)
5.3 Austrian Arbitration Act prior to 1 July 2006 (English Version)
5.4 Synopsis on the Austrian Arbitration Act, the German Arbitration Act and the UNCITRAL Model Law
5.5 UNCITRAL Model Law on International Commercial Arbitration of 1985
5.6 German Arbitration Act (English Version)
5.7 Vienna Rules (English Version)
5.8 Bilateral Investment Treaties (concluded by Austria)
5.9 List of Authorities