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Recent Austrian, German, And Swiss Judicial Decisions Involving International Arbitration

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Chapter Summary

This chapter reports on important decisions related to international arbitration by Austrian, German, and Swiss Courts. All three countries are major players in international arbitration but for different reasons: 1) The Swiss Federal Supreme Court seated in Lausanne is the first and final court in annulment proceedings against a Swiss award rendered in an international arbitration according to Article 191 of Swiss Private International Law Act (PILA). 2) Enforcement or annulment proceedings start at the Land of the German party involved, but always at the level of a Higher Regional Court, Section 1062 German Code of Civil Procedure (GZPO). Appeals against their judgments are possible to the Bundesgerichtshof but accepted there only in true landmark cases. 3) In Austria one has to start at ground level at a Landesgericht as court of first instance, with an Oberlandesgericht as court of appeal, and Oberste Gerichtshof as the final and third instance.

Keywords: Austria; Bundesgerichtshof; German; German Code of Civil Procedure (GZPO); international arbitration; judicial decisions; Oberlandesgericht; Oberste Gerichtshof; Swiss Federal Supreme Court; Swiss Private International Law Act (PILA)



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