The reform of the legal regulation of arbitration in Austria with special emphasis on the appointment and challenge of arbitrators

Boóc, Ádám (2007) The reform of the legal regulation of arbitration in Austria with special emphasis on the appointment and challenge of arbitrators. Acta Juridica Hungarica, 48 (4). pp. 373-400. ISSN 1216-2574

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Abstract

This study deals with some particular features of commercial arbitration in Austria. The legal framework of arbitration in Austria was changed with an effect of 1st July, 2006, as the Austrian Parliament passed the Schiedsrechts-Änderungsgesetz 2006 in December 2005. This act was proclaimed on the 13th January 2006 and entered into force 1st July in spite of the planned date of 1st January. After having described the significance of arbitration in Austria the author pays special attention to the topic of appointment and challenge of arbitrators. The author compares the rules of the valid Austrian act with the provisions of UNCITRAL Model Law adopted on 21st June, 1985. The author highlights some cases from the legal practice which are considered relevant in the present issue. Finally the author summarizes the provisions of the rules of procedure of International Arbitral Centre of the Austrian Federal Economic Chamber from the point of view of appointment and challenge of arbitrators, which rules have been effective also since 1st July, 2006.

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