Publications

PUBLICATIONS

We regularly release publications on a variety of platforms addressing major legal questions in various jurisdictions. Below, find our most recent publications on litigation and dispute resolution topics of international and domestic nature.

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Mondaq

10-03-2021

Arbitration 2021

LAWS AND INSTITUTIONS Multilateral conventions relating to arbitration 1. Is your jurisdiction a contracting state to the New York Convention on the…

26-11-2020

Austrian Supreme Court’s decision in OGH 18 OCg 9/19a: Request to set aside an arbitral award on the grounds of Austrian public policy is denied

31-08-2020

Litigation & Dispute Resolution 2020

LITIGATION Preliminaries 1.1 What type of legal system has your jurisdiction got? Are there any rules that govern civil procedure in…

01-06-2020

Dispute Resolution 2020

LAWS AND INSTITUTIONS Multilateral conventions relating to arbitration 1. Is your jurisdiction a contracting state to the New York Convention on the…

15-05-2020

The treatment of foreign parties in Austrian Civil Procedure: provision of security for procedural costs

The Austrian Code of Civil Procedure (Zivilprozessordnung, hereinafter “ZPO”) regulates the costs of civil proceedings in Austria…

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21-04-2020

Volkswagen emissions scandal: Supreme Court refers questions to ECJ

On 17 March 2020 the Supreme Court decided to refer certain important questions regarding theVolkswagen emission manipulation scandal (widely known as ‘diesel…

03-04-2020

EU Directives, Legislative Amendments and Changes to the Rules for Registering Ultimate Beneficial Owners in Austria

The incremental decline in Austrian litigation activity can largely be ascribed to the continued popularityof ADR methods…

10-03-2020

Austria: Developments in Arbitration – where we are and what is to come

Austria and its capital Vienna, remain a focal point for international arbitration and the settlement of domestic as well as international commercial…

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10-03-2020

Austria, EU privacy and the ongoing Schrems v Facebook case

On 13 February 2020 the Vienna Regional Court for Civil Matters closed the oral hearing in the dataprotection case brought against…

11-02-2020

Investor State Arbitration 2020

The Austrian Code of Civil Procedure (Zivilprozessordnung, hereinafter “ZPO”) regulates the costs of civil proceedings in Austria…

07-01-2020

Investment Treaty Arbitration 2020

BACKGROUND Foreign investment What is the prevailing attitude towards foreign investment? The Austrian government has yet to announce any crystallised policy regarding…

07-01-2020

Arbitration: Austrian Chapter 2020

LAWS AND INSTITUTIONS Multilateral conventions relating to arbitration 1. Is your jurisdiction a contracting state to the New York Convention on the…

01-01-2020

Fairness and Impartiality

Are witnesses truly independent in your jurisdiction?

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24-12-2019

Iranian inheritance law and Austrian public policy

Earlier in 2019, the Supreme Court held that in light of a bilateral treaty, the Austrian courts mustapply Iranian law in inheritance…

10-12-2019

Dispute Resolution Law Guide 2019

In a recent decision the Supreme Court dealt with matters of judicial conflict arising in connectionwith the Convention…

10-12-2019

Recognition and Enforcement of Foreign Judgments – Comparative Guide

LAWS AND INSTITUTIONS Multilateral conventions relating to arbitration 1. Is your jurisdiction a contracting state to the New York Convention on the…

01-11-2019

Investor State Arbitration 2019

A practical cross-border insight into investor-state arbitration

04-09-2019

Scholars’ opinions: challengeable conflicts of interest or indisputable academic freedom?

Today, investor–state dispute settlement (ISDS) through arbitration remains in question. Criticism is coming from all sides and is mostly focused on those…

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20-08-2019

Recent developments: new database and res judicata effect

New database On 1 January 2019 amendments to Austrian Enforcement Act entered into force, granting certainparties access to data on pending enforcement…

12-02-2019

Litigation & Dispute Resolution 2019

A practical cross-border insight into litigation and dispute resolution work

07-01-2019

Arbitration Austrian Chapter 2019

Laws and institutions 1. Multilateral conventions relating to arbitration Is your jurisdiction a contracting state to the New York Convention on the…

01-01-2019

Freezing Assets

The mechanics behind cross-border injunctions

01-10-2018

Staying Ahead of the Curve

Are witnesses truly independent in your jurisdiction?

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17-07-2018

Surprise decision regarding changing case law

In a recent case before the Supreme Court, the appellant argued that the appeals court had erred bybasing its legal reasoning on…

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03-04-2018

Supreme Court’s stance on applicability of agreements conferring jurisdiction

The Supreme Court recently ruled that as the applicability of the EU Brussels I Regulation isundisputed, the effectiveness of an agreement conferring…

12-02-2018

Litigation & Dispute Resolution 2018

A practical cross-border insight into litigation and dispute resolution work

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23-01-2018

Supreme Court rules on non-bank loans

As non-banks do not usually issue loans, loans to shareholders may be granted only in exceptionalcases where the disbursement can be reconciled…

07-01-2018

Arbitration Austrian Chapter 2018

Laws and institutions 1. Multilateral conventions relating to arbitration Is your country a contracting state to the New York Convention on the…

01-01-2018

Litigation Funding

Handling commercial and financial disputes

12-10-2017

Dispute Resolution Law Guide 2017

In a recent decision the Supreme Court dealt with matters of judicial conflict arising in connectionwith the Convention…

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18-07-2017

Disclosure of accounts pursuant to Article XLII of Code of Civil Procedure

Under Article XLII of the Code of Civil Procedure, any party that has a substantive claim forinformation against another party…

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30-05-2017

Supreme Court rules on international jurisdiction in copyright infringement cases

Any payment made pursuant to Section 42b(1) of the Act on Copyright and Related Rights is aconsidered a debt that must be…

12-04-2017

Litigation & Dispute Resolution 2017

A practical cross-border insight into litigation and dispute resolution work

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31-01-2017

Court rules on validity of service of process in alternative location

The Supreme Court recently ruled(1) on whether and under which circumstances a service ofprocess is valid in a location different from that…

07-01-2017

Arbitration Austrian Chapter 2017

Laws and institutions 1. Multilateral conventions relating to arbitration Is your country a contracting state to the New York Convention on the…

01-01-2017

The Art of Arbitration

Exploring efficiency in international dispute resolution

01-01-2017

Negotiating Effective Contracts & Dealing with Disputes

Advice from Outside Counsel

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02-08-2016

Supreme Court rules on liability of arbitrators to pay damages

The Supreme Court recently ruled on the liability of arbitrators to pay damages.(1) Contract The arbitrators’ contract stated that in order to…

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08-03-2016

Limits of res judicata

In one of its recent decisions the Supreme Court(1) dealt with the limits of preclusion or res judicata. Res judicata’s power stems…

16-02-2016

Litigation & Dispute Resolution 2016

A practical cross-border insight into litigation and dispute resolution work

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01-12-2015

Courts can order payment of security when seeking enforceability

The Supreme Court recently ruled(1) that if the judgment for which a declaration of enforceability issought is not yet final, the court…

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25-08-2015

Supreme Court rules on enforcement of foreign monetary claims

Foreign court orders are enforced in accordance with domestic law. According to domestic law, theenforcement of awards for monetary sums or…

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02-12-2014

‘In writing’ requirement can be met by terms and conditions with prorogation clause

On February 27 2014 the Supreme Court ruled in a case(1) in which the plaintiff argued forinternational jurisdiction based on the rules…

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02-09-2014

Supreme Court rules that CMR hold priority over Rome I Regulation

Background According to High Court jurisprudence,(1) the objection of a violation of the public order cannotlead to the foreign judgment being evaluated…

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24-06-2014

Rules on reimbursement of costs and public order

Background According to High Court jurisprudence,(1) the objection of a violation of the public order cannotlead to the foreign judgment being evaluated…

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17-06-2014

Where does harm first arise?

The High Court recently ruled on where harm first arises in connection with product liability claims,as outlined in…

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11-03-2014

Courts consider exclusive jurisdiction in cases of lease and tenancy

On September 19 2013, in a matter concerning international jurisdiction, the Supreme Court ruledthat, in accordance with Article 22(1) of the Brussels…

16-02-2014

Litigation & Dispute Resolution 2014

A practical cross-border insight into litigation and dispute resolution work

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17-12-2013

Who has jurisdiction? Austrian court considers provision of services under EU law

On July 30 2013 the High Court ruled(1) that in decisions with international jurisdiction, the term’services’ must be interpreted through the use…

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15-10-2013

Can judgment be enforced even without service of court order?

On June 19 2013 the High Court ruled(1) that Article 34(2) of the Brussels I Regulation, whichprevents a judgment from being recognised…

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09-07-2013

Austrian court denies enforcement of Italian payment order

An Italian court recently issued a payment order against a company registered in Austria to anItalian plaintiff, in which the Austrian…

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05-03-2013

Court considers preventive injunctions for nuclear power plants

The Supreme Court recently updated existing case law, stating that an action for a preventiveinjunction regularly requires that the infringement…

16-02-2013

Litigation & Dispute Resolution 2013

A practical cross-border insight into litigation and dispute resolution work

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30-10-2012

Suspension of enforcement: the necessary content of a request

The Supreme Court recently dealt with the requirements for the suspension of enforcementproceedings under Austrian and European law…

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26-06-2012

Supreme Court issues opinion on declaratory judgments

The Supreme Court has recently had to deal with questions regarding declaratory judgments. Forexample, may a court simply proceed from the assumption…

03-02-2012

Litigation & Dispute Resolution 2012

A practical cross-border insight into litigation and dispute resolution work

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01-11-2011

Supreme Court confirms suspension of proceedings for similar cases

On July 15 2011(1) the Supreme Court confirmed that the universal successor of a party toproceedings is regarded as ‘the same party’…

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16-08-2011

Court rules on timeliness of submissions by fax or email

The Supreme Court recently handed down two decisions dealing with the timeliness of submissionsmade by fax or email…

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01-03-2011

An examination of restitution claims

Restitution due under failure of consideration Under the Civil Code,(1) in order for a restitution claim due to failure of consideration….