Austria, Corporate disputes, Non-arbitrability, Set aside an arbitral award, Shareholder Resolutions

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The setting aside of an arbitral award is a rarity in the Austrian legal landscape. However, on 3 April 2024, the Austrian Supreme Court (the “ASC”) issued a landmark decision setting aside an arbitral award on the grounds of non-arbitrability of the subject matter. As explained below, the court’s reasoning is remarkable and its implications…

Arbitrators, Costs in arbitral proceedings, Expert evidence

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Everybody who has visited a certain number of arbitration conferences over the last few years has probably heard at least an equal number of contributions relating to costs in arbitration. Similarly, the number of written articles on the topic in legal literature is enormous and entire books are based on the subject. Considering that cost…