Summary
The present article deals with the role of the Austrian Supreme Court in arbitration- related matters, which is threefold: The Supreme Court acts as a court of first and last instance in proceedings for the setting aside of arbitral awards, reviews challenge decisions made by arbitral institutions or arbitral tribunals and makes substitute appointments where the parties fail to make the necessary appointments and no other mechanism is in place to appoint the arbitrator. The authors illustrate how the Austrian Supreme Court applies the reasons for the setting aside of awards set out in § 611 (2) of the Austrian Code of Civil Procedure [ZPO] and the principles of independence and impartiality set out in § 588 (2) ZPO. Furthermore, the authors summarise setting aside proceedings and challenge proceedings before the Supreme Court. They conclude that these judicial activities cannot be seen as undue interference in arbitral proceedings, but as necessary support ensuring the integrity of the arbitral process.
b-Arbitra | Belgian Review of Arbitration