Главная » Иностранное законодательство » Австрия Austria » Закон Австрии о реформе арбитражно-процессуального права. Federal Act revising the section of the Austrian Code of Civil Procedure pertaining to Arbitral Proceedings.

Закон Австрии о реформе арбитражно-процессуального права
Federal Act revising the section of the Austrian Code of Civil Procedure pertaining to Arbitral Proceedings as well as the Introductory Law on Jurisdiction, the Courts Act and the Act Governing the Service of the Judiciary

Federal Act revising the section of the Austrian Code of Civil Procedure pertaining to
Arbitral Proceedings as well as the Introductory Law on Jurisdiction, the Courts Act and
the Act Governing the Service of the Judiciary (Arbitration Law Reform Act 2006 -–
SchiedsRÄG 2006), BGBl I 7/2006, 13 January 2006

Article I
Amendment on the Introductory Law on Jurisdiction
The Introductory Law on Jurisdiction, RGBl 1895/110, last
amended by Federal Law
BGBl. I No. 31/2003, is amended as follows:
Art. XIII is deleted.
Article II
Amendment of the Introductory Law on the Code of Civil
Procedure
The Introductory Law on the Code of Civil Procedure, RGBl 1895/112, last amended by
Federal Law BGBl. I Nr. 76/2002, is amended as follows:
1. In Art. XIV para. 1 no 3 the quote “§ 577 para. 3 CCP” is replaced by the quote “§ 583
para. 1 CCP”.
2. In Art. XVII the quote “§§ 577 through 599 CCP” is replaced by the quote “§§ 577
through 618 CCP”.
Article III
Amendments of the Code of Civil Procedure
The Code of Civil Procedure, RGBl. No. 113/1895, last
amended by Federal Law BGBl. I
No. 128/2004, is amended as follows:
In the Sixth Section the Fourth Chapter provides as
follows:

“Fourth Chapter
Arbitral Proceedings
First Title
General Provisions

Scope of Application
§ 577 (1) The provisions of this chapter shall apply if
the place of arbitration is within
Austria.
(2) Sections 578, 580, 583, 584, 585, 593 paras 3 to 6, §§ 602, 612 and 614 shall also
apply if the place of arbitration is not within Austria or has not yet been determined.
(3) As long as the place of arbitration has not yet been determined, the Austrian courts
shall have jurisdiction for those judicial matters mentioned in the third title hereof if one of
the parties has his? seat, domicile or ordinary residence in Austria.
(4) The provisions of this chapter shall not be applicable to entities under the Austrian
Act on Associations and Societies (”Vereinsgesetz”) for the
conciliation of disputes arising
out of disputes within an association or society.

Court Intervention
§ 578. The court may only act in matters governed by this chapter if so provided in this
chapter.

Duty to object
§ 579. If the arbitral tribunal has not complied with a procedural provision of this
chapter from which the parties may derogate, or with an agreed procedural requirement of
the arbitral proceedings, a party shall be deemed to have waived his right to object if he has
not objected without delay after being informed thereof, or within the time limit provided.

Receipt of written communications
§ 580. (1) Unless otherwise agreed by the parties, any written communication is
deemed to have been received on the day upon which it is delivered personally to
the addressee or to an authorised recipient or, if this was not possible, on the day
upon which it is delivered otherwise to the corporate seat,
legal domicile or ordinary
residence of the recipient.
(2) Where the addressee has knowledge of the arbitral proceedings and where his
whereabouts or the whereabouts of an authorised recipient remain unknown despite
reasonable inquiries, any written communication is deemed to have been received on the day
upon which orderly delivery was demonstrably attempted at a place stated by the addressee in
the arbitration agreement or subsequently indicated by the addressee to the other party or to
the arbitral tribunal and which has not hitherto been revoked
in conjunction with the
provision of a new address.
(3) Paras (1) and (2) shall not apply to communications in court proceedings.

Second Title
Arbitration Agreement

Definition
§ 581. (1) An arbitration agreement is an agreement by the parties to submit to
arbitration all or certain disputes which have arisen or which may arise between them
in respect of a defined legal relationship of a contractual or non-contractual nature.
The arbitration agreement may be concluded in the form of a
separate agreement or
as a clause in a contract.
(2) The provisions of this chapter shall also apply by analogy to arbitral tribunals that,
in a legally valid manner, are mandated by testamentary disposition or other legal acts not
based on agreements of the parties or through articles of association or incorporation.

Arbitrability
§ 582. (1) Any pecuniary claim within the jurisdiction of the courts of law may be made
the subject of an arbitration agreement. An arbitration agreement as to non-pecuniary claims
shall be legally effective insofar as the parties are capable
of concluding a settlement upon
the matter in dispute.
(2) Claims in family law matters as well as all claims based on contracts subject even
in part to the Landlord/Tenant Act (“Mietrechtsgesetz”) or the Non-Profit Housing Act
(“Wohnungsgemeinnützigkeitsgesetz”), including all disputes regarding the
conclusion, existence, termination and legal characterisation of such contracts and all
claims resulting from or in connection with condominium property are prohibited from
being made the subject of an arbitration agreement. Legal provisions outside this
chapter according to which disputes may not, or may only under certain
circumstances, be made subject to arbitral proceedings, remain unaffected hereby.

Form of the Arbitration Agreement
§ 583. (1) The arbitration agreement shall be contained either in a written document
signed by the parties or in letters, facsimiles, e-mail or other forms of transmission of
messages exchanged between the parties which furnish proof of the agreement.
(2) Where a contract fulfilling the requirements as to form of para (1) refers to a
document containing an arbitration agreement, this constitutes an arbitration agreement if
the reference is such that it incorporates the arbitration
agreement into the contract by
reference.
(3) a defect as to form of the arbitration agreement is cured in the arbitration
proceedings by the making of submissions on the subject in dispute, if an objection to
the defect is not raised, at the latest, at the same time as
such submissions are
made.

Arbitration Agreement and Action before Court
§ 584. (1) A court in which an action is brought in a matter which is the subject of an
arbitration agreement shall dismiss the action, provided the defendant does not make
submissions on the matter in dispute or participate in a hearing before the court without
raising an objection. This shall not apply if the arbitral tribunal establishes that the
arbitration agreement does not exist or is incapable of being performed. If such proceedings
are pending in a court, arbitration proceedings may
nevertheless be commenced or continued
and an award may be made.
(2) Where an arbitral tribunal finds that it lacks jurisdiction for the matter in dispute on
the grounds that there is no arbitration agreement for the matter or that such is not capable
of performance, the court may not dismiss an action on this matter on the grounds that an
arbitral tribunal has jurisdiction in the matter. The right of the claimant to file an action
under article 612 to set aside the decision by which the arbitral tribunal found that it lacked
jurisdiction shall expire at such time as the claimant brings an action in court.
(3) When an arbitration is pending, no other litigation on the claim asserted may be
carried out before any court or arbitral tribunal. Any action brought for the same claim is to
be dismissed. This shall not apply if an objection to the jurisdiction of the arbitral tribunal
was raised with the arbitral tribunal at the latest at such time as the party made its first
submissions in the case and a decision of the arbitral
tribunal thereon cannot be obtained
within a reasonable period of time.
(4) When an action is dismissed by a court due to the jurisdiction of an arbitral tribunal
or by an arbitral tribunal due to the jurisdiction of a court or of another arbitral tribunal, or
when in proceedings for the setting aside of an award an arbitral award is set aside due to
lack of jurisdiction of the arbitral tribunal, the proceedings shall be deemed to be properly
continued if the action is brought without delay in the competent court or arbitral tribunal
(5) A party who has at an earlier stage in the proceedings relied upon the
existence of an arbitration agreement may not at a later stage claim that such does
not exist unless the relevant circumstances have since changed.

Arbitration Agreement and Interim Judicial Measures
§ 585. It is not incompatible with an arbitration agreement for a party to request, before
or during arbitral proceedings, interim or protective measures
from a court and for a court to
grant such measures.

Third Title
Constitution of the Arbitral Tribunal

Composition of the Arbitral Tribunal
§ 586. (1) The parties are free to determine the number of arbitrators. If the parties,
however, have determined an even number of arbitrators, then
these shall appoint a
further person as chairman. ?
(2) Unless otherwise agreed by the parties, three arbitrators are to be appointed.

Appointment of Arbitrators
§ 587. (1) The parties are free to agree on the procedure for appointing the arbitrator or
arbitrators.
(2) In the absence of an agreement on the procedure for the appointment of the
arbitrator, the following shall apply:
1. In arbitrations with a sole arbitrator, if the parties are unable to agree on the
arbitrator within four weeks of receipt of a written request to do so from the other
party, the arbitrator shall, upon request of a party, be appointed by the court.
2. In arbitrations with three arbitrators each party shall appoint one arbitrator. These
two shall appoint the third arbitrator who shall act as
chairman of the arbitral
tribunal.
3. If more than three arbitrators have been provided for, each party shall appoint the
same number of arbitrators. Those shall appoint a further
arbitrator, who shall act as
chairman of the arbitral tribunal.
4. If a party has failed to appoint an arbitrator within four weeks of receipt of a written
request from the other party to do so, or if the parties are not notified of the
appointment of the arbitrator to be appointed by the arbitrators within four weeks of
their appointment, the appointment shall, upon request of a
party, be made by the
court.
5. A party is bound by its appointment of arbitrator as soon as the other party has
received written notice of the appointment.
(3) Where, under an appointment procedure agreed upon by the parties,
1. a party fails to act as required under such procedure, or
2. the parties or the arbitrators are unable to reach an agreement in accordance with
such procedure or
3. a third party fails to perform any function entrusted to it under such procedure within
three months of receipt of a written notification to such effect,
then any party may apply to the court for the corresponding appointment of arbitrators,
unless the agreement on the appointment procedure provides
another means for securing the
appointment.
(4) The written request for the appointment of an arbitrator must also state what claim is
being asserted and upon what arbitration agreement the party is relying.
(5) When several parties that are to jointly appoint one or more arbitrators have not
been able to agree upon such appointment within four weeks of receipt of a written
notification to such effect, the arbitrator is or the arbitrators are to be appointed by the court
upon application of one party, unless the agreed appointment
procedure does not provide for
another means of securing the appointment.
(6) The arbitrator or the arbitrators shall also be appointed by the court upon the
application of a party if within four weeks of receipt of a written notification to such effect by
one party to the other party, his or their appointment cannot be made for reasons other than
those set forth in the preceding paras, or, also, where the appointment procedure for securing
the appointment does not result in an appointment within a reasonable period of time.
(7) If the appointment takes place prior to the decision in first instance and one party
furnishes evidence thereof, the application is to be dismissed.
(8) The court, in appointing an arbitrator, shall have due regard to any qualifications
required of the arbitrator by the agreement of the parties and to such considerations as are
likely to secure the appointment of an independent and impartial arbitrator.
(9) A decision by which an arbitrator is appointed shall not be subject to any appeal.

Grounds of Challenge
§ 588. (1) A person intending to accept a mandate as an arbitrator shall disclose any
circumstances likely to give rise to doubts as to his impartiality or independence, or
that are in conflict with the agreement of the parties. An arbitrator, from the time of his
appointment and throughout the arbitral proceedings, shall disclose any such
circumstances to the parties without delay unless they have
already been informed of
them by him.
(2) An arbitrator may only be challenged if circumstances exist that give rise to
justifiable doubts as to his impartiality or independence, or if he does not fulfil the conditions
agreed to by the parties. A party may only challenge an arbitrator appointed by him, or in
whose appointment he has participated, for reasons of which he becomes aware after the
appointment or his participation in the appointment.

Challenge Procedure
§ 589. (1) The parties are free to agree on a procedure for challenging an arbitrator,
subject to the provisions of para (3).
(2) Failing such agreement, a party who challenges an arbitrator shall, within four weeks
of gaining knowledge of the constitution of the arbitral tribunal or of gaining knowledge of
any circumstance referred to in § 588 para (2) hereof, forward a written statement of the
grounds of the challenge to the arbitral tribunal. Unless the challenged arbitrator withdraws
from office or the other party acquiesces to the challenge, the arbitral tribunal including the
challenged arbitrator shall decide on the challenge.
(3) If a challenge under a procedure agreed upon by the parties or under the procedure
set forth under para (2) of this Article remains unsuccessful, the challenging party may,
within four weeks of receiving the decision rejecting the challenge, request a decision on the
challenge by the court. That decision shall not be subject to any appeal or similar recourse.
While such a request is pending, the arbitral tribunal, including the challenged arbitrator,
may continue the arbitral proceedings and render an award.

Early Termination of an Arbitrator’s Mandate
§ 590. (1) The mandate of an arbitrator terminates when the parties so agree or when the
arbitrator resigns. Subject to the provisions of para (2) hereof, the parties may agree on a
procedure for the termination of the mandate of an arbitrator.
(2) Each party may request the court to render a decision on the termination of the
mandate where the arbitrator either becomes unable to perform
his functions or fails to fulfil
them within a reasonable time and
1. the arbitrator does not resign from his office,
2. the parties are unable to agree on the termination
[of the mandate] or
3. the procedure agreed between the parties does not lead to the termination of an
arbitrator’s mandate.
Such decision shall be subject to no appeal or similar
challenge.
(3) If an arbitrator resigns according to para (1) hereof or § 589 para (2) hereof, or if a
party agrees to the termination of the mandate of an arbitrator, this does not imply
acceptance of the grounds referred to in para (2) hereof or in § 588 para (2).

Appointment of a Substitute Arbitrator
§ 591. (1) In the event of early termination of an arbitrator’s mandate, a substitute
arbitrator shall be appointed. The appointment shall be carried out in accordance with the
rules that were applicable to the appointment of the arbitrator who is being replaced.
(2) Unless otherwise agreed by the parties, the arbitral tribunal may continue the
proceedings, making use of the results of the proceedings hitherto obtained, in particular the
existing record of the hearing as well as all other documents.

Fourth Title
Jurisdiction of the Arbitral Tribunal

Competence of Arbitral Tribunal to Rule on its Own Jurisdiction
§ 592. (1) The arbitral tribunal shall itself rule on its jurisdiction. That decision may be
rendered together with the decision on the merits or it may be
rendered by separate arbitral
award.
(2) A plea of lack of jurisdiction of the arbitral tribunal is to be raised no later than at the
time of the first submissions on the subject-matter of the dispute. A party shall not be
precluded from raising this plea by the fact of having appointed an arbitrator or having
participated in the appointment of an arbitrator. A plea that a matter exceeds the authority of
the arbitral tribunal must be raised as soon as such matter is made the subject-matter of a
substantive motion or petition. In either case, a later plea is not permitted; if however in the
opinion of the arbitral tribunal the default is sufficiently
excused, the plea may be entered
subsequently.
(3) Even while an action for the setting aside of an arbitral award by which the arbitral
tribunal found it had jurisdiction is still pending in court,
the arbitral tribunal may continue
the arbitral proceedings and render an award.

Ordering of Interim or Protective Measures
§ 593. (1) Unless otherwise agreed by the parties, the arbitral tribunal may, at the
request of a party, order such interim or protective measures against the other party as it
deems necessary in respect of the subject-matter in dispute after having heard such other
party because the enforcement of the claim would otherwise be frustrated or significantly
impeded or there is a a risk of irreparable injury. The arbitral tribunal may request any party
to furnish an appropriate security in conjunction with such measure.
(2) Measures referred to in para (1) are to be ordered in writing; a signed copy of the
order is to be served on each party. In arbitral proceedings with more than one arbitrator the
signature of the chairman or, where he is prevented from signing, the signature of another
arbitrator shall suffice, provided that the chairman or another arbitrator records on the order
the reason preventing the signature. Article 606 paras (2),
(3), (5) and (6) shall apply
accordingly.
(3) Upon application of a party the District Court (“Bezirksgericht”) at the place where
the opponent of the party at risk has his seat, domicile or ordinary residence within Austria at
the time of the first filing of the application, otherwise the District Court (“Bezirksgericht”)
in whose district the measure enforcing the preliminary injunction shall take place, shall
enforce such measure. Where the measure provides for a means of protection unknown in Austrian law, the court may upon application and after hearing the opponent, execute that
means of protection under Austrian law which comes the closest to the measure of the arbitral
tribunal. In so doing the court may also, upon application, formulate the measure of the
arbitral tribunal differently in order to safeguard the realisation of its purpose.
(4) The courts shall refuse to enforce a measure under para (1) of this Article if
1. the place of arbitration is within Austria and the measure suffers from a defect that
would constitute grounds for setting aside an arbitral award rendered in Austria
according to § 611 para 2, § 617 para 6 and 7 or § 618;
2. the place of arbitration is not within Austria and the measures suffers from a defect
that would constitute grounds for refusal of recognition or enforcement;
3. the enforcement of the measure is incompatible with an Austrian court measure that
was previously applied for and issued or with a previously
issued foreign court
measure which falls to be accorded recognition;
4. the measure provides for a means of protection unknown in Austrian law and no appropriate means of protection under domestic law has been applied for.
(5) The court may hear the opponent prior to ruling on the enforcement of the measure
under para 1 hereof. If the opponent was not heard prior to the ruling, he may lodge an
objection (“Widerspruch”) within the meaning of § 397 of the Austrian Enforcement Act
against the grant of enforcement. In both cases, the opponent may argue only that there are
grounds for refusing enforcement under para 4 hereof. In those proceedings, the court is not
authorised to rule on claims for damages under § 394 of the Austrian Enforcement Act.
(6) The court shall, upon application, set aside the enforcement if
1. the term of the measure as set by the arbitral tribunal has expired;
2. the arbitral tribunal has limited the scope of or set aside the measure;
3. one of the cases of § 399 para. 1 numbers 1 to 4 of the Austrian Enforcement Act
exists, unless such a fact was not already raised unsuccessfully before the arbitral
tribunal and there are no obstacles to according recognition
(para 4) to the decision of
the arbitral tribunal in this regard;
4. a security was provided in accordance with para 1 hereof which makes enforcement
superfluous.

Fifth Title
Conducting the Arbitral Proceedings

General Provisions
§ 594. (1) Subject to the mandatory provisions of this chapter, the parties are free to
determine the rules of procedure. In doing so they may also refer to arbitration rules. Failing
such agreement, the arbitral tribunal shall proceed in accordance with the provisions of this
chapter and in other respects in its free discretion.
(2) The parties shall be treated fairly. Each party shall be afforded the right to be heard.
(3) The parties may be represented or advised by persons of their choosing. This right
cannot be excluded or limited.
(4) An arbitrator who does not fulfill his obligations resulting from having accepted his
appointment at all or in a timely fashion shall be liable to
the parties for all damages to the
parties caused by his wrongful refusal or delay.

Place of Arbitration
§ 595. (1) The parties are free to agree on the place of arbitration. They may also entrust
an arbitral institution with the determination of the place of arbitration. Failing such
agreement, the place of arbitration shall be determined by the arbitral tribunal; in such
determination, the circumstances of the case including the
suitability of the place to the
parties are to be considered.
(2) Unless otherwise agreed by the parties, the arbitral tribunal may, notwithstanding the
provisions of para. 1 hereof, proceed at any place it considers appropriate, and, in particular,
convene to deliberate, make rulings, conduct oral hearings and take evidence.

Language of Proceedings
§ 596. The parties are free to agree on the language or languages to be used in the
proceedings. Failing such agreement, the arbitral tribunal shall determine the same.

Statements of Claim and Defence
§ 597. (1) Within the period of time agreed by the parties or determined by the abitral
tribunal, the claimant shall state his relief claimed and the facts supporting his claim and the
defendant shall respond thereto. The parties may submit with their statements all such
evidence as they consider relevant or may designate further
evidence on which they intend to
rely.
(2) Unless otherwise agreed by the parties, either party may amend or supplement his
statement of claim or pleadings during the course of the
arbitral proceedings, unless the
arbitral does not permit this due to delay.

Oral Hearings and Written Proceedings
§ 598. Unless the parties have otherwise agreed, the arbitral tribunal shall decide
whether to hold oral hearings or whether the proceedings shall be conducted in writing.
Where the parties have not excluded an oral hearing, the arbitral tribunal shall, upon motion
of a party, hold an oral hearing at an appropriate stage of the proceedings.

Proceedings and Taking of Evidence
§ 599. (1) The arbitral tribunal is authorised to rule on the admissibility of evidence, to
carry out the taking of evidence and freely to evaluate the result thereof.
(2) The parties shall be informed in a timely fashion of every hearing and of every
meeting of the arbitral tribunal for purposes of the taking of evidence.
(3) All written submissions, documents and other communications which are produced to
the arbitral tribunal by a party shall be brought to the notice of the other party. Expert
opinions and other evidence on which the arbitral tribunal may
rely in its decision shall be
brought to the notice of both parties.

Default of a Procedural Action
§ 600. (1) Where the claimant fails to file his statement of claim in accordance with § 597
para 1, the arbitral tribunal shall terminate the proceedings.
(2) Where the respondent fails to respond in accordance with § 597 para 1 within the
period of time agreed or set, the arbitral tribunal shall, unless the parties have otherwise
agreed, continue the proceedings, the claimant’s allegations not being taken as true merely as
a result of such default. The same shall apply where a party is in default of another
procedural action. The arbitral tribunal may continue the proceedings and may render an
award on the basis of the evidence taken. Where, in the opinion of the arbitral tribunal, the
default is sufficiently excused, the defaulted procedural action may be subsequently taken.

Expert appointed by Arbitral Tribunal
§ 601. (1) Unless otherwise agreed by the parties the arbitral tribunal may
1. appoint one or more experts to report to it on specific issues to be determined by the
arbitral tribunal;
2. require the parties to provide to the expert any relevant information or to produce or
provide access to any documents or property relevant to the
proceedings so as to be
included in the inspection of the expert.
(2) Unless otherwise agreed by the parties, if the parties so request or the arbitral
tribunal deems necessary, the expert shall, after submission of his report, attend an oral
hearing. At that hearing the parties may put questions to the
expert and present their own
experts on the points at issue.
(3) §§ 588 and 589 para. 1 and 2 shall apply accordingly to the expert appointed by the
arbitral tribunal.
(4) Unless otherwise agreed by the parties, each party has the right to submit reports from
his own experts. Para 2 shall apply accordingly.

Judicial Assistance
§ 602. The arbitral tribunal, arbitrators who have been authorised to this effect by the
arbitral tribunal or one of the parties with the approval of the arbitral tribunal, may apply to
the court for the performance of judicial acts for which the arbitral tribunal has no authority.
Judicial assistance may also consist of the court requesting a foreign court or an
administrative authority to perform such acts. § 37 para 2 to 5 und §§ 38, 39 and 40 of the
Austrian Judicature Act (“Jurisdiktionsnorm”) shall apply accordingly, subject to the proviso
that the arbitral tribunal and the parties to the arbitral proceedings shall have the right of
appeal pursuant to § 40 of the Austrian Judicature Act. The arbitral tribunal or an arbitrator
mandated by the arbitral tribunal and the parties are entitled to attend an evidentiary hearing
of the court and may put questions. § 289 of this Act shall apply accordingly.

Sixth Title
Arbitral Award and Termination of the Proceedings

Applicable Law
§ 603. (1) The arbitral tribunal shall decide the dispute in accordance with such law or
legal norms as are agreed upon by the parties. Any agreement as to the law or the legal
system of a given state shall be construed, unless the parties have expressly agreed otherwise,
as a direct reference to the substantive law of that state and not to its conflicts-of-law rules.
(2) Failing any designation by the parties of the applicable law or legal norms, the
arbitral tribunal shall apply the law it considers appropriate.
(3) The arbitral tribunal shall decide ex aequo et bono only if the parties have expressly
authorised it to do so.

Decision-making by Panel of Arbitrators
§ 604. Unless otherwise agreed by the parties, the following shall apply:
1. In arbitral proceedings with more than one arbitrator, all decisions of the arbitral
tribunal shall be made by a majority vote of all its members. Questions of procedure
may be decided by the chairman alone if the parties or all of
the members of the
tribunal have authorised him to do so.
2. Where one or more arbitrators do not participate in a vote without a justifying cause,
the other arbitrators may decide without them. In this case, also, the necessary
majority of votes is to be calculated by the total of all participating and nonparticipating arbitrators. In the case where a vote is taken on an arbitral award,
where the arbitrators intend to proceed in this manner the parties shall be notified in
advance. With regard to other decisions, the parties shall be
informed subsequently
regarding the failure to participate in voting.

Settlement
§ 605. If during the arbitral proceedings the parties settle the dispute and if the parties
are capable of concluding a settlement regarding the subject
of the dispute, they may apply
for
1. the arbitral tribunal to record the settlement, provided that the contents of the
settlement do not violate the fundamental values of the Austrian legal system (ordre public); it shall be sufficient if the record of the
settlement is signed by the parties and
the chairman;
2. the arbitral tribunal to record the settlement in the form of an arbitral award on
agreed terms, provided that the contents of the settlement do not violate the
fundamental values of the Austrian legal system (ordre public). Such an arbitral award
shall be made pursuant to § 606. It shall have the same effect
as any other award on
the merits.

Arbitral Award
§ 606. (1) The award shall be rendered in writing and shall be signed by the arbitrator or
arbitrators. Unless otherwise agreed by the parties, in arbitral proceedings with more than
one arbitrator the signatures of the majority of all members of the arbitral tribunal shall
suffice, provided that the chairman or another arbitrator makes a notation in the arbitral
award what the reason was for the missing signatures.
(2) Unless otherwise agreed by the parties, the award shall state the reasons on which it
is based.
(3) The award shall state the date on which it was rendered, and the place of arbitration
determined in accordance with § 595 para 1. The award shall be
deemed to have been
rendered on that date and at that place.
(4) A specimen of the award signed by the arbitrators in accordance with para 1 shall be
forwarded to every party.
(5) The arbitral award and the documentation concerning its service are joint documents
of the parties and the arbitrators. The arbitral tribunal shall discuss with the parties the
possible safekeeping of the arbitral award as well as of the documents concerning its service.
(6) The chairman, [or] in the event he is prevented another arbitrator, shall upon request
of a party confirm the res judicata effect and enforceability
of the award on a specimen of the
award.
(7) The rendering of the award does not cause the underlying arbitration clause to
become invalid.

Effect of the Arbitral Award
§ 607. The award has, between the parties, the effect of a final and binding court
judgment.

Termination of the Arbitral Proceedings
§ 608. (1) The arbitral proceedings are terminated by the award on the merits, by an
arbitral settlement or by an order of the arbitral tribunal in accordance with para 2.
(2) The arbitral tribunal shall terminate the arbitral proceedings when
1. the claimant fails to file his statement of claim pursuant to § 597 para 1;
2. the claimant withdraws his statement of claim, unless the respondent objects thereto
and the arbitral tribunal recognises a legitimate interest of
the respondent in obtaining
final disposition of the dispute;
3. the parties agree on the termination of the proceedings and communicate this to the
arbitral tribunal;
4. the continuation of the proceedings has become impossible for the arbitral tribunal, in
particular where the parties hitherto acting in the proceedings fail to continue the
proceedings, despite written notice by the arbitral tribunal
referring to the possibility
of termination of the proceedings.
(3) Subject to §§ 606 paras 4 to 6, 609 para 5, and 610 as well as the obligation to set
aside an order on an interim or measure of protection, the mandate of the arbitral tribunal
terminates upon the termination of the arbitral proceedings.

Decision on Costs
§ 609. (1) Where the arbitral proceedings are terminated, the arbitral tribunal shall
decide upon the obligation to reimburse costs, provided the parties have not otherwise
agreed. The arbitral tribunal shall in its discretion take into consideration the circumstances
of the individual case, in particular the outcome of the proceedings. The obligation to
reimburse may include any and all reasonable costs for the appropriate legal action or
defence. In the case referred to in § 608 para 2 no 3, such a decision shall only be made
where a party applies for such a decision at the same time as
giving notification as to the
termination of the proceedings.
(2) The arbitral tribunal may, upon application of the respondent, also rule as to the
obligation of the claimant to reimburse costs where it has
found that it lacks jurisdiction
because there is no arbitration agreement.
(3) At the same time as issuing its decision as to liability for reimbursement of costs, the
arbitral tribunal shall fix the amount of the costs to be reimbursed, provided it is already
possible to do so and the costs are not set off against each other.
(4) In any case, the decision as to liability for reimbursement of costs and the fixing of the
amount thereof shall be made in the form of an arbitral award pursuant to § 606.
(5) If the decision as to liability for reimbursement of costs and the fixing of the amount to
be reimbursed was omitted or if it was only possible after termination of the arbitral
proceedings, a decision thereupon shall be rendered by separate arbitral award.

Correction, Explanation and Amendment of Arbitral Award
§ 610. (1) Unless another period of time has been agreed by the parties, each party may,
within four weeks of receipt of the award, request the arbitral tribunal,
1. to correct in the award any errors in computation, any clerical, typographical or
errors of a similar nature;
2. to explain certain parts of the award if the parties have so agreed;
3. to render an amended award as to claims which were raised in the arbitral
proceedings but not disposed of in the award.
(2) The application under para 1 shall be forwarded to the other party. Prior to rendering
a decision upon such an application, the other party is to be heard.
(3) The arbitral tribunal shall decide upon the correction or explanation of the arbitral
award within four weeks and upon an amendment to the arbitral award within eight weeks.
(4) The arbitral tribunal may also correct the arbitral award pursuant to para 1 no 1 on
its own initiative within four weeks from the date of the arbitral award.
(5) § 606 shall apply to the correction, explanation or amendment to the arbitral award.
The explanation or correction is part of the arbitral award.

Seventh Title
Legal Remedy against an Arbitral Award

Application for Setting Aside an Arbitral Award
§ 611. (1) The only challenge that can be made to an arbitral award is a court action to
set it aside. This shall also apply to arbitral awards by
which the arbitral tribunal has ruled
on its jurisdiction.
(2) An arbitral award shall be set aside if
1. a valid arbitration agreement does not exist or if the arbitral tribunal has denied its
jurisdiction, but a valid arbitration agreement is present, or if one party was under
an incapacity to conclude a valid arbitration agreement under
the law governing its
personal status;
2. a party was not given proper notice of the appointment of an arbitrator or of the
arbitral proceedings or was unable for other reasons to
present his means of attack
and defence;
3. the arbitral award deals with a dispute not covered by the arbitration agreement or
contains decisions that exceed the scope of the arbitration agreement or the relief
sought by the parties; if the defect pertains only to a severable portion of the
arbitral award, then that portion of the award shall be set aside;
4. the composition or constitution of the arbitral tribunal conflicts with a
provision of this section or a permissible agreement of the parties;
5. the arbitral proceedings were conducted in a manner that conflicts with the
fundamental values of the Austrian legal system (ordre public);
6. the requirements are present according to which a judgment of a court of law can be
set aside by an action for revision under § 530 para 1 no 1 to 5
7. the subject-matter of the dispute is not arbitrable puruant to domestic law;
8. the arbitral award conflicts with the fundamental values of the Austrian legal system
(ordre public).
(3) The grounds of setting aside of paras. 2 no 7 and 8 are also to be applied ex officio.
(4) The action for setting aside must be brought within three months. The time period
shall begin to run from the day on which the claimant received the award or the supplemental
award. An application in accordance with § 610 para 1 no 1 or 2 does not extend this time
period. In the case of para 2 no 6 the period for the action for setting aside shall be
determined in accordance with the provisions on the action for revision.
(5) The setting aside of an arbitral award does not affect the validity of the underlying
arbitration agreement. Where an arbitral award on the same subject-matter has been finally
set aside twice and if a further arbitral award arbitral is to be set aside, the court, shall, upon
application of a party, concurrently declare the arbitration
agreement to be invalid
concerning this subject-matter.

Declaration of Existence or Non-Existence of an Arbitral Award
§ 612. A declaration of the existence or non-existence of an arbitral award may be
applied for where the applicant has a legal interest therein.

Judicial Notice of Grounds of Setting Aside in other Proceedings
§ 613. Where a court or an authority makes a determination in other proceedings, such as
in enforcement proceedings, that grounds for setting aside exist in accordance with § 611
para 2 no 7 and 8, the arbitral award shall not be taken into account in those proceedings.

Eighth Title

Recognition and Declaration of
Enforceability of Foreign Arbitral Awards
§ 614. (1) The recognition and declaration of enforceability of foreign arbitral awards
shall be governed by the provisions of the Enforcement Act unless otherwise provided in
international law or in legal instruments of the European Union. The requirements as to form
for the arbitration agreement shall also be deemed to be fulfilled if the arbitration agreement
complies both with the provisions of § 583 and with the
requirements as to form of the law
applicable to the arbitration agreement.
(2) The production of the original or a certified copy of the arbitration agreement in
accordance with Art IV sub. 1 letter b of the New York UN Convention on the Recognition
and Enforcement of Foreign Arbitral Awards shall only be
required upon demand by the
court.

Ninth Title
Court Proceedings

Jurisdiction
§ 615. (1) For an action to set aside an arbitral award and an action to determine the
existence or non-existence of an arbitral award as well as for proceedings in matters under
the third chapter hereof without regard to the amount in controversy the Regional Court with
jurisdiction in civil matters that is designated in the arbitration agreement or the jurisdiction
of which was agreed in accordance with § 104 Austrian Judicature Act or, failing such
designation or agreement, in whose district the place of arbitration is located, shall have
jurisdiction. If the place of arbitration has not yet been determined or if, in the case of § 612
it is not located within Austria, the Vienna Commercial Court
(“Handelsgericht Wien”) shall
have jurisdiction.
(2) If the dispute underlying the arbitral award is a commercial matter within the
meaning of § 51 Austrian Judicature Act, the Regional Court shall decide in exercise of its
jurisdiction in commercial matters, in Vienna the Vienna Commercial Court; if it is a labour
law matter within the meaning of § 50 para 1 Labour and Social Courts Act, then the
Regional Courts shall decide as Labour and Social Courts, in Vienna the Vienna Labour and
Social Court.

Proceedings
§ 616. (1) The proceedings regarding an action for setting aside an arbitral award and
an action for declaration of the existence or non-existence of an arbitral award shall be
governed by the provisions of this law, the proceedings in matters under the third chapter
shall be governed by the general provisions of the Austrian
Act on Non-Contentious
Jurisdiction.
(2) Upon application of a party and if a justified interest in doing can be shown, the
public may be excluded.

Tenth Title
Special Provisions

Consumers
§ 617. (1) Arbitration agreements between an entrepreneur and a consumer may only be
validly concluded for disputes which have already arisen.
(2) Arbitration agreements to which a consumer is a party must be contained in a
document which is holographically signed by him. That document may not contain any other
agreements than those referring to the arbitration procedure.
(3) In arbitration agreements between an entrepreneur and a consumer, the consumer
must, prior to concluding the arbitration agreement, be furnished with a written legal advice
notice regarding the significant differences between an arbitration and court proceedings.
(4) In arbitration agreements between entrepreneurs and consumers, the place of
arbitration must be stipulated. The arbitral tribunal may only meet at another place for an
oral hearing and for the taking of evidence if the consumer has consented thereto or if
significant difficulties hinder the taking of evidence at the place of arbitration.
(5) Where the arbitration agreement was concluded between an entrepreneur and a
consumer, and where, either at the time of concluding the arbitration agreement or at the time
the arbitral proceedings are commenced, the consumer did not have his domicile, ordinary
residence or place of work in the country where the arbitral tribunal has its place of
arbitration, the arbitration agreement shall only be binding if the consumer invokes it.
(6) An arbitral award shall also be set aside if, in arbitral proceedings in which a
consumer is involved,
1. mandatory provisions of law were violated the application of which could not have
been waived by choice of law of the parties even in a case with an international element, or
2. the prerequisites are satisfied under which a court judgment may be challenged under
§ 530 para 1 no 6 and 7 by means of an action for revision; in this case, the time period for
the action for setting aside shall be determined in accordance
with the provisions on the
action for revision.
(7) Where the arbitration proceedings took place between an entrepreneur and a consumer,
the arbitral award is also to be set aside if the written
legal advice notice was not furnished to
the consumer pursuant to para 3 hereof.

Labour Law Matters
§ 618. For arbitral proceedings in labour law matters in accordance with § 50 para 1 Labour
and Social Courts Act § 617 para 2 to para 7 shall apply analagously.“

Article IV
Amendments to the Labour and Social Courts Act (“Arbeits- und Sozialgerichtsgesetz”)
The Labour and Social Courts Act, BGBl No. 104/1985, last
amended by federal law
BGBl. I No. 82/2004, is amended as follows:
In § 9 para 2 the word sequence is deleted “; the competent
Regional Court as Labour and
Social Court shall have jurisdiction for the setting aside of arbitral awards (§ 36).”

Article V
Amendment of the Court Organisation Act (“Gerichtsorganisationsgesetzes”)
The Court Organisation Act of 27 November 1896, RGBl. No. 217, last amended by
Federal Law BGBl. I No. 128/2004, is amended as follows:
1. To § 32 the following para. 7 is added:
“(7) Legal disputes under the fourth chapter of the sixth section of the Code of Civil
Procedure (CCP), RGBl. No. 113/1895, shall so far as
practicable, be assigned to the same
court department.”
2. To § 45 the following para. 3 is added:
“(3) Legal disputes under the fourth chapter of the sixth section of the Civil Procedure
Code (CCP), RGBl. No. 113/1895, shall so far as practicable,
be assigned to the same court
department.”
Article VI
Amendment on the Act governing the Service of the Judiciary
(“Richterdienstgesetz”)
The Act Governing the Service of the Judiciary, BGBl. No. 305/1961, last amended by
Federal Law BGBl. I No. 121/2005, is amended as follows:
1. To § 63 para 5 the following sentence is added:
“During their tenure judges may not accept appointment as arbitrators within the meaning of
the fourth chapter of the sixth section of the Code of Civil
Procedure (CCP), RGBl. No. 113/1895.”
2. To § 173 the following para 40 is added:
“ (40) § 63 para 5 last sentence as amended by federal law BGBl. I No 121/2005 shall enter
into force on 1 July 2006.“

Article VII
Entry into Force, Transitional Provisions and Enforcement
(1) This federal Act shall enter into force on 1 July 2006.
(2) The provisions previously in force shall apply to arbitration proceedings that were
commenced prior to 1 July 2006.
(3) The effectiveness of arbitration agreements concluded prior to 1 July 2006 shall be
governed by the provisions previously in force.
(4) The Federal Minister of Justice is entrusted with the enforcement of this Federal Act.