News

According to Article 190(2)(d) of the Swiss Private International Law Act (PILA), an arbitral award may be annulled in cases where the principle of equal treatment or the right to be heard was violated during the arbitration proceedings.

According to Article 123 (f) of the Swiss Federal Statute on the Federal Tribunal (FSFT), the revision of a judgment may be requested where criminal proceedings establish that the court’s decision has been influenced by a criminal offence.

In the past, international derivatives transactions, for instance relating to stock options or future swaps, have in general been documented under framework agreements, in particular the so-called ISDA 1992 and 2002 Master Agreements.

Danube University Krems’ new LL.M. Programme “International Dispute Resolution” starts in March 2015. The four-semester master’s degree programme is postgradual, part time, and aims at lawyers from any jurisdictions.

Since the Austrian Arbitration Act 2006 entered into force, it has been widely disputed between legal scholars, whether and to what extent the consumer protection clause of the Act – which severely restricts the possibility of concluding arbitration agreements with consumers – also applies in…

On 1 January 2014, the renewed Austrian Arbitration Law has come into force (SchiedsRÄG 2013) introducing major changes. The most significant and important amendment is the long anticipated shortening of the procedural levels for setting aside an arbitral award.

Effective 1 July 2013, the new Vienna Rules of Arbitration, presented by the Vienna International Arbitral Centre, have introduced amendments and additional provisions to the previous rules established in 2006. Adopted by the Extended Presiding Committee of the Austrian Federal Economic Chamber in…

Earlier this year, the Swiss Federal Supreme Court (the ″Supreme Court″) confirmed that, if an arbitral award has been issued that is entirely silent on elements which are apparently important for the decision on a dispute, it falls upon the arbitrator and the respondent in an action for annulment…

On 20 December 2012, the Regulation (EU) No 1219/2012 of the European Parliament and of the Council of 12 December 2012 establishing transitional arrangements for bilateral investment agreements between Member States and third countries (the “Regulation”) was published in the Official Journal of the…

Party autonomy and the freedom to agree on jurisdiction constitute the very corner stones of arbitration as a dispute resolution method. However, in many instances, it is precisely the question of jurisdiction that adds an additional layer of controversy to arbitration proceedings. This is most…

Investor-state disputes are on the rise. Since the late 1990s, the number of such disputes has increased sharply. By the end of 2011, 450 known cases were pending. Investor-state dispute settlement mechanisms allow foreign investors to challenge a wide range of governmental measures, and to sue host…