Two months after the fiftieth anniversary of the New York Convention, the concept of due process is more in vogue than ever. Arbitral tribunals (sometimes at the request of the parties) restrict the proceedings on a strict time and cost management basis. However, in formulating the procedural timetable, both the tribunal and the parties should have regard to the ultimate aim of the proceedings. This article reports on recent case law of the Austrian Supreme Court dealing with elements of due process that arose in enforcement proceedings under the New York Convention as well as in setting aside proceedings concerning foreign arbitral awards in the Austrian courts and illustrates comparisons with the jurisprudence of other national courts. The article discusses the main features of due process under the 1895 Civil Procedure Code and contrasts it with the 2006 Civil Procedure Code, highlighting that case law rendered under the 1895 Civil Procedure Code still remains relevant.
Journal of International Arbitration