Mondaq All Regions - Austria: Litigation, Mediation & Arbitration
Schoenherr Attorneys at Law
Over the past few decades, alternative dispute resolution ("ADR") has become the preferred method of conflict management in the commercial world.
Wolf Theiss
Welcome to the 6th edition of the DRInsider, the quarterly Newsletter of the Wolf Theiss Dispute Resolution Practice Group. We are happy to once again provide you with interesting news covering...
Wolf Theiss
Arbitration is becoming more efficient and transparent and less expensive thanks to recent revisions to the ICC Rules of Arbitration.
Schoenherr Attorneys at Law
The decisive underlying reasoning (motifs, Begründung) is, without doubt, an essential part of any arbitral award and as such bears the potential of frustrating parties and arbitrators alike.
Schoenherr Attorneys at Law
Mediation has established an increasingly relevant position for itself when it comes to resolving (international) commercial disputes quickly, cost-efficiently, and successfully.
Wolf Theiss
Given the ongoing lively public discussions regarding the free-trade agreements CETA and TTIP, this issue addresses the topic with an arbitration focus.
Schoenherr Attorneys at Law
One of the main advantages of arbitration vis-à-vis state court litigation, is that the parties are free to choose independent and highly specialised experts to decide their cases.
Schoenherr Attorneys at Law
Discussions of arbitrators' powers have riveted the international arbitration community. Practitioners increasingly face situations where arbitrators seem cautious and reluctant to rule on procedural issues.
Schoenherr Attorneys at Law
Amendments to the Austrian Code of Criminal Procedure bring substantial improvements to defendant's rights, but also facilitate the public authorities' access to confidential bank data.
Schoenherr Attorneys at Law
Under the existing system in Austria, legal review against decisions and acts of authorities is normally granted by one or more - higher ranked - authorities.
Schoenherr Attorneys at Law
On 1 January 2014, a government bill introducing changes to the Austrian Arbitration Law will come into force.
Schoenherr Attorneys at Law
Frequently, a claimant may be well advised to ensure the eventual enforceability of an award he hopes will be rendered in his favour already in the course of, or even before, initiating arbitral proceedings.
Schoenherr Attorneys at Law
In recent decisions the Supreme Court has established an economic approach to the qualification of shareholders as consumers or entrepreneurs for the purposes of Section 1 of the Consumer Protection Act.
Schoenherr Attorneys at Law
The so-called "Kompetenz-Kompetenz" principle in essence provides that an arbitral tribunal decides itself whether it has jurisdiction to decide a dispute brought before it.
Schoenherr Attorneys at Law
Many bilateral investment treaties (BITs) contain provisions under which investments have to be made in accordance with the host state's laws. A violation of domestic law bears the imminent danger that the investor will lose the protection of the BIT.
Schoenherr Attorneys at Law
In Austria, approximately 1,700 judges decide civil and criminal matters in first, second, and third instance courts. In civil proceedings, District Courts (Bezirksgerichte) and High Courts (Landesgerichte) act as first instance courts, depending on the value of the matter in dispute and the subject of the litigation.
Schoenherr Attorneys at Law
In Austria, arbitration is mainly governed by the fourth chapter of the Code on Civil Procedure (ZPO).
Preslmayr Rechtsanwälte OEG
In its decision of May 4 2004 (Case 4 Ob 50/04p) the Supreme Court considered whether an ex-employee who processed his former employer's data had violated the Data Protection Act 2000.
Foglar-Deinhardstein Keg
The Supreme Court has twice addressed the issue of warning instructions on products for sale, and has laid down guiding principles. In both cases, which resulted from accidents with a bicycle and a bottle of sparkling fruit drink respectively, the consumers' claims were rejected.
Schoenherr Attorneys at Law
In June 2013, the European Commission (EC) adopted recommendation 2013/396/EU on common principles for injunctive and compensatory collective redress mechanisms.
Most Popular Recent Articles
Schoenherr Attorneys at Law
Over the past few decades, alternative dispute resolution ("ADR") has become the preferred method of conflict management in the commercial world.
Wolf Theiss
Welcome to the 6th edition of the DRInsider, the quarterly Newsletter of the Wolf Theiss Dispute Resolution Practice Group. We are happy to once again provide you with interesting news covering...
Wolf Theiss
Arbitration is becoming more efficient and transparent and less expensive thanks to recent revisions to the ICC Rules of Arbitration.
Schoenherr Attorneys at Law
The decisive underlying reasoning (motifs, Begründung) is, without doubt, an essential part of any arbitral award and as such bears the potential of frustrating parties and arbitrators alike.
Schoenherr Attorneys at Law
One of the main advantages of arbitration vis-à-vis state court litigation, is that the parties are free to choose independent and highly specialised experts to decide their cases.
Wolf Theiss
Given the ongoing lively public discussions regarding the free-trade agreements CETA and TTIP, this issue addresses the topic with an arbitration focus.
Schoenherr Attorneys at Law
Mediation has established an increasingly relevant position for itself when it comes to resolving (international) commercial disputes quickly, cost-efficiently, and successfully.
Schoenherr Attorneys at Law
Amendments to the Austrian Code of Criminal Procedure bring substantial improvements to defendant's rights, but also facilitate the public authorities' access to confidential bank data.
Schoenherr Attorneys at Law
Discussions of arbitrators' powers have riveted the international arbitration community. Practitioners increasingly face situations where arbitrators seem cautious and reluctant to rule on procedural issues.
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