A selection of arbitration-related decisions of the Austrian Supreme Court in chronological order bw 1954-2021 with a link to the (German) full text of the respective decisions in the Austrian Legal Information System (RIS) can be found here.
You can find an English summary of (the majority of) the decisions in the “Austrian Yearbook on International Arbitration” (2007 - 2019), edited by Klausegger/Klein/Kremslehner/Petsche/Pitkowitz/Welser/Zeiler and published in C.H.Beck, MANZ Verlag Wien, Stämpfli Verlag, written by Markus Schifferl with Nikolaus Pitkowitz/Venus Valentina Wong(Alexander Zojer. The contributions in the various editions of the Austrian Yearbook are accessible online in the RDB legal database and on the Wolters Kluwer - Website.
2021
| Date | Type of proceedings | Outcome of the proceedings |
Subject matters | |
| 18OCg5/21s | 15 December 2021 | setting aside proceeding | unsuccessful | Violation of the right to be heard; possibility to comment on the decision on costs; excess of powers of the arbitral tribunal; violation of the ordre public; non-conformity with matters in the record; arbitrariness |
| 3Ob152/21f | 21 October 2021 | appeal | unsuccessful | Validity of an arbitration agreement under foreign law; Execution of an award; Case-by-case assessment for arbitration agreements |
| 18ONc5/21m | 22 September 2021 | appointment of arbitrators | successful | Failure to appoint an arbitrator; Appointment by the court; jurisdiction of the Austrian Supreme Court |
| 1Ob121/21g | 21 July 2021 | appeal | successful | arbitral tribunal of an association; formation of a functioning arbitral tribunal; inactivity of an arbitrator; appealing to the arbitral tribunal is unreasonable; litigation without arbitration |
| 9ObA47/20g | 29 April 2021 | appeal | successful | admissibility and content of conciliation agreements; gross unfairness |
| 4Ob36/21d | 20 April 2021 | appeal | unsuccessful | contract for the benefit of third parties; scope of the arbitration agreement |
| 4Ob43/21h | 20 April 2021 | appeal | unsuccessful | contract for the benefit of third parties; scope of the arbitration agreement |
| 18OCg1/21b | 14 April 2021 | setting aside proceeding | unsuccessful | Private foundation; lack of jurisdiction; declaration of foundation equals articles of association; latest procedural laws are applied |
| 3Ob2/21x | 24 March 2021 | appeal | unsuccessful | refusal of recognition and declaration of enforceability of an annulled foreign arbitral award (Art V (1) (e) NYC); violation of public policy (Art V (2) (b) NYC) |
| 9ObA4/21k | 24 March 2021 | appeal | unsuccessful | objection to jurisdiction; agreement to arbitrate constitutes procedural bar to claiming the lack of subject-matter jurisdiction |
| 18OCg10/19y | 02 March 2021 | setting aside proceeding | unsuccessful | excess of powers of the arbitral tribunal; public policy; right to be heard (surprising decision); decision based on prinicples of fairness and equitablility; applicable law; choice of law - principal contract as an indication for a conclusive choice of law; interpretation; arbitrability; derogation from the arbitral tribunals' obligation to conduct an oral hearing; the necessity to conduct an oral hearing |
| 18OCg5/20i | 17 February 2021 |
setting aside proceeding |
unsuccessful | action for annulment of an arbitral award on the grounds of bias of the sole arbitrator, on the grounds of alleged serious procedural violations; violation of the right for clarification and correction of the arbitral award; form of the arbitration agreement; lack of form relating to the power of attorney; exceeding of the parties' request for relief |
| 3Ob127/20b | 20 January 2021 | appeal | unsuccessful | the relation between state jurisdiction and arbitration (Sec. 584 paragraph 1 ZPO); admissibility of optional arbitration agreements |
| 3Ob198/20v | 20 January 2021 | appeal | unsuccessful | proceedings for a declaration of enforceability of foreign arbitral awards, review of the public policy violation of a decision on legal costs; primacy of intergovernmental agreements - specifically the 1954 Hague Convention on Legal Costs |
| 18ONc5/20k | 19 January 2021 | challenge of arbitrators | unsuccessful | challenge of arbitrators - application unfounded |
2020
| Date | Type of proceedings | Outcome of the proceedings |
Subject matters | |
| 4Ob136/20h | 20 October 2020 | appeal | unsuccessful | interpretation of the arbitration agreement; scope of the arbitration agreement; competence of the arbitral tribunal |
| 18OCg6/20m | 29 September 2020 | setting aside proceeding | successful | The arbitral tribunal wrongly denied its jursidiction; interpretation of an arbitration agreement; analogous application of § 611 para. 2 no. 1 2nd case ZPO) |
| 8Ob77/20m | 28 September 2020 | appeal | unsuccessful | differentiation between conciliation panels ("Schlichtungseinrichtung") and arbitral tribunals; interpretation of association statutes (Sec 577 et seqq. ZPO); arbitrability |
| 6Ob28/20s | 23 September 2020 | appeal | unsuccessful | arbitrability; liquidation |
| 18OCg3/20w | 23 July 2020 | setting aside proceeding | unsuccessful | arbitrability; public policy; conflicts of interest of arbitrators |
| 18ONc2/20v | 23 July 2020 | appointment of arbitrators | successful | appointment of arbitrators |
| 18ONc1/20x | 23 July 2020 | challenge of arbitrators | unsuccessful | conflicts of interest of arbitrators - contact between arbitrator and party representative; IBA Guidlines on Conflicts of Interest in International Arbitration |
| 18ONc3/20s | 23 July 2020 | challenge of arbitrators | unsuccessful | Challenge of arbitrators; admissability of conducting an arbtiration hearing by means of a video conference - performance despite opposition of a party; Art 6 ECHR; due process |
| 18Ocg1/20a | 23 July 2020 | setting aside proceeding | unsuccessful | public policy - assessment standard; sham trial; inadmissibility of révision au fond |
| 5Ob27/20m | 07 July 2020 | appeal | unsuccessful | legal consequenes resulting from the invalidity of an expert contract for the binding character of an expert determination |
| 18OCg4/20t | 18 June 2020 | setting aside proceeding | unsuccessful | requirement of translation of the arbitral award |
| 9Ob18/20t | 26 May 2020 | appeal | unsuccessful | differentiation between arbitral awards and expert determinations |
| 2Nc16/20f | 26 May 2020 | challenge of arbitrators | successful | conflicts of interest of judges in state court proceedings related to arbitration proceedings |
| 18ONc3/19i | 9 April 2020 | appointment of arbitrators | unsuccessful | legal representation not required in setting aside proceedings - no interruption of proceedings due to death of party representative |
| 18OCg7/19g | 06 March 2020 | setting aside proceeding | unsuccessful | applicable law, choice of law; application for legal aid; public policy - degree of domestic nexus of award decisive |
| 18OCg11/19w | 06 March 2020 | setting aside proceeding | unsuccessful | validity of the arbitration agreement - public authorities |
| 18OCg12/19t | 15 January 2020 | setting aside proceeding | unsuccessful | public policy - reimbursement of costs |
| 18OCg6/18h | 15 January 2020 | setting aside proceeding | unsuccessful | Rom I Regulation - not applicable in arbitration proceedings as well as in related state court proceedings |
| 18OCg9/19a | 15 January 2020 | setting aside proceeding | unsuccessful | right to be heard - application to take evidence; public policy - arbitral hearings |
2019
| Date | Type of proceedings | Outcome of the proceedings |
Subject matters | |
| 18ONc 3/19i | 20 December 2019 | appointment of arbitrators | successful | scope of the arbitration agreement - non-signatories; conflicts of interest of arbitrators |
| 3Ob13/19m | 19 November 2019 | enforcement proceeding | unsuccessful | public policy - consultations and votes within the arbitral tribunal |
| 2Nc38/19i | 9 October 2019 | enforcement proceeding | successful | conflicts of interest of judges in state court proceedings related to arbitration proceedings |
| 18OCg5/19p | 1 October 2019 | setting aside proceeding | unsuccessful | conflicts of interest of arbitrators - assertion after the end of the arbitration proceedings; public policy (Art 10 ECHR) |
| 18ONc2/19t | 1 October 2019 | challenge of arbitrators | successful | conflicts of interest of arbitrators - assessment standard and time limit; about the arbitrator's behavior during an arbitration hearing |
| 6Ob142/19d | 29 August 2019 | appeal | successful | universal application of the New York Convention |
| 18OCg1/19z | 15 May 2019 | setting aside proceeding | unsuccessful | exceeding the request for relief; right to be heard - application to take evidence; public policy - lack of reasoning; revison au fond |
| 18ONc1/19w | 15 May 2019 | challenge of arbitrators | successful | conflicts of interest of arbitrators - personnel interrelations |
| 18OCg6/19k | 15 May 2019 | setting aside proceeding | unsuccessful | arbitral tribunals in the meaning of Sec. 577 ZPO ("Börsenschiedsgerichte") |
| 18OCg6/18h | 15 May 2019 | setting aside proceeding | unsuccessful | applicable law, choice of law; scope of the arbitration agreement (organs of legal entities); right to be heard (application to take evidence) |
| 18OCg2/19x | 18 February 2019 | setting aside proceeding | unsuccessful | arbitral tribunals in the meaning of Sec. 577 ZPO (association conciliation panels) |
| 2Nc6/19h | 14 February 2019 | setting aside proceeding | successful | conflicts of interest of judges - in state court proceedings related to arbitration proceedings |
| 5Ob63/18b | 17 January 2019 | setting aside proceeding | unsuccessful | time limitation of arbitration agreements |
2018
| Date | Type of proceedings | Outcome of the proceedings |
Subject matters | |
| 3Ob153/18y | 19 December 2018 | enforcement proceeding | successful | enforceability of an arbitral award |
| 18OCg5/18m | 30 November 2018 | setting aside proceeding | successful | differentiation between arbitral awards and expert determinations |
| 18OCg6/18h | 20 November 2018 | application purusant to Art 53 EuGVVO | unsuccessful | confirmation of an application pursuant to Art 53 Rom I Regulation; exemption under Art 1 para 2 d Rom I Regulation |
| 18OCg2/18w | 9 October 2018 | Setting aside proceedings | unsuccessful | validity of the arbtiration agreement; foreclosure of the ground for setting aside; requirement of the written form; right to be heard; public policy; reasoning of the arbitral award |
| 18OCg1/18y | 21 August 2018 | setting aside proceeding | successful | application to set aside an arbitral award |
| 18OCg1/17x | 20 March 2018 | setting aside proceeding | unsuccessful | public policy |
| 18ONc4/17h | 06 February 2018 | appointment of arbitrators | unsuccessful | appointment of arbitrators |
| 6Ob195/17w | 17 January 2018 | appeal | successful | form requirement - power of attorney to conclude an arbitration agreement |
2017
| Date | Type of proceedings |
Outcome of |
Subject matters | |
| 6Ob104/17p | 21 December 2017 | recission proceeding (shareholders resolution) |
unsuccessful | arbitration clauses in corporate statutes |
| 6Ob178/17w | 21 December 2017 | appeal | unsuccessful | interpretation of arbitral awards |
| 18ONc1/17t | 07 September 2017 | challenge of arbitrators | unsuccessful | challenge of arbitrators |
| 3Ob118/17z | 04 July 2017 | enforcement proceeding | unsuccessful | enforceability of arbitral awards |
| 4Ob92/17h | 30 May 2017 | appeal | successful | award set aside by wrong court |
| 18OCg6/16f | 02 March 2017 | setting aside proceeding | unsuccessful | sports arbitration |
| 5Ob72/16y | 01 March 2017 | appeal | partially successful | arbitration agreement; choice of law and European Union law |
2016
| Date | Type of proceedings | Outcome of the proceedings |
Subject matters | |
| 18OCg5/16h | 06 December 2016 | setting aside proceeding | unsuccessful | public policy; right to be heard |
| 7Nc18/16f | 19 October 2016 | Application pursuant to JN Sec. 28 (1) 2 | unsuccessful | arbitration before CIETAC - not infeasible |
| 18OCg3/16i | 28 September 2016 | setting aside proceeding | partially successful | Procedural Public Order - lack of reasoning |
| 18OCg2/16t | 28 September 2016 | setting aside proceeding | unsuccessful | pending arbitration |
| 18OCg3/15p | 23 February 2016 | setting aside proceeding | unsuccessful | public policy; inadmissibility of révision au fond; right to be heard - standard of review before the OGH (Supreme Court); scope of the request for relief - no excess of powers by the arbitral tribunal |
2015
| Date | Type of proceedings | Outcome of the proceedings |
Subject matters | |
| 18OCg1/15v | 23 June 2015 | setting aside proceedings | unsuccessful | applicable law; choice of law - principal contract as an indication for a conclusive choice of law |
| 18OCg2/15s | 19 June 2015 | setting aside proceedings |
unsuccessful |
public policy; right to be heard; no excess of powers by the arbitral tribunal |
2014
| Date | Type of proceedings | Outcome of the proceedings |
Subject matters | |
| 18ONc1/14p | 05 August 2014 | challenge of arbitrators | unsuccessful | conflicts of interest of arbitrators - personnel interrelations |
| 18ONc2/14k | 05 August 2014 | challenge of arbitrators | unsuccessful | conflicts of interest of arbitrators - personnel interrelations |
2012
| Date | Type of proceedings | Outcome of the proceedings |
Subject matters | |
| 6Ob42/12p | 19 April 2012 | recission proceeding (shareholders resolution) |
unsuccessful | arbitrability of actions for nullity |
| 3Ob44/12k | 18 April 2012 | enforcement proceeding | unsuccessful | provisional measures (Brussels I-Regulation) |
| 3Ob38/12b | 18 April 2012 | enforcement proceeding | unsuccessful | right to be heard |
2011
| Date | Type of proceedings | Outcome of the proceedings |
Subject matters | |
| 3Ob154/10h | 13 April 2011 | enforcement proceeding | successful | public policy - consultations and votes within the arbitral tribunal |
2010
| Date | Type of proceedings | Outcome of the proceedings |
Subject matters | |
| 7Ob216/09d | 05 May 2010 | appeal | unsuccessful | arbitration and the CMR (Convention on the Contract for the International Carriage of Goods by Road) |
| 3Ob25/10p | 24 February 2010 | enforcement proceeding | unsuccessful | confirmation of finality and enforceability |
| 7Ob225/09i (7Ob256/09m) |
27 January 2010 | appeal | unsuccessful | interim and protective measures |
2009
| Date | Type of proceedings | Outcome of the proceedings |
Subject matters | |
| 3Ob144/09m | 22 July 2009 | appeal | unsuccessful | consumer related issues in arbitration |
| 7Ob266/08f | 30 March 2009 | appeal | successful | applicable law and extension of an arbitration agreement to third parties |
2008
>
| Date | Type of proceedings | Outcome of the proceedings |
Subject matters | |
| 6Ob170/08f | 01 October 2008 | appeal | unsuccessful | binding effect of awards and third party intervention (Art 6 ECHR) |
| 3Ob35/08f | 03 September 2008 | enforcement proceeding | partially successful | authentification and certification of an award (NYC) |
| 4Ob80/08f | 26 August 2008 | appeal | partially successful | scope of the arbitration clause |
| 9Ob53/08x | 20 August 2008 | setting aside proceeding | unsuccessful | public policy; due process; challenge of arbitrators |
| 5Ob272/07x | 01 April 2008 | setting aside proceeding | unsuccessful | public policy (Law on Restitution of Art Objects of 1998) |
| 8Ob4/08h | 28 February 2008 | appeal | unsuccessful | liability of arbitrators |
| 10Ob120/07f | 05 February 2008 | setting aside proceeding | unsuccessful | time limit for the challenge of an arbitral award |
2007
| Date | Type of proceedings | Outcome of the proceedings |
Subject matters | |
| 3Ob141/07t | 23 October 2007 | enforcement proceeding | unsuccessful | enforcement under the New York Convention and the requirement of a special power of attorney |
| 4Ob142/07x | 07 August 2007 | appeal | unsuccessful | arbitration agreement - separability and writing requirement |
| 3Ob281/06d | 22 February 2007 | setting aside proceeding | unsuccessful | interpretation of arbitration agreements and setting aside of arbitral awards |
2006
| Date | Type of proceedings | Outcome of the proceedings |
Subject matters | |
| 6Ob207/06v | 30 November 2006 | appointment of arbitrators | unsuccessful | duty of disclosure and arbitrators' fees |
before Arbitration Act 2006 (until 1 July 2006)
| Date | Type of proceedings | Outcome of the proceedings |
Subject matters | |
| 10Ob3/06y | 22 May 2006 | appeal | unsuccessful | scope of statutory arbitration clauses |
| 3Ob211/05h | 26 April 2006 | enforcement proceeding | successful | translation of an arbitral award, dissenting opinions and deliberations of the arbitral tribunal |
| 7Ob236/05i | 26 April 2006 | setting aside proceeding | unsuccessful | validity of the arbitration agreement - applicable law |
| 7Ob64/06x | 29 March 2006 | setting aside proceeding | successful | arbitration agreement - requirement of a written special power of attorney |
| 7Ob252/05t | 08 March 2006 | setting aside proceeding | successful | advance on costs - no setting aside of preliminary or interim decisions |
| 7Ob314/04h | 26 January 2005 | setting aside proceeding | unsuccessful | challenge of arbitrators |
| 3Ob221/04b | 26 January 2005 | setting aside proceeding | partially successful | annual interest rate - Austrian public policy |
| 9ObA94/04w | 15 September 2004 | setting aside proceeding | unsuccessful | challenge of arbitrators |
| 7Ob96/03y | 28 May 2003 | setting aside proceeding | unsuccessful | challenge of arbitrators |
| 7Ob265/02z | 18 December 2002 | setting aside proceeding | unsuccessful | right to be heard |
| 4Ob37/01x | 03 April 2001 | recission proceeding (shareholders resolution) |
successful | arbitrability of the matter in dispute |
| 7Ob221/98w | 10 December 1998 | recission proceeding (shareholders resolution) |
unsuccessful | arbitrability of the matter in dispute |
| 7Ob229/98x | 15 September 1998 | setting aside proceeding | unsuccessful | annual interest rate - Austrian public policy |
| 3Ob2372/96m | 05 May 1998 | setting aside proceeding | partially successful | interpretation of an arbitration agreement |
| 6Ob186/97i | 24 July 1997 | setting aside proceeding | unsuccessful | right to be heard |
| 6Ob572/90 | 06 September 1990 | setting aside proceeding | unsuccessful | principle of separability |
| 2Ob516/84 | 29 February 1984 | setting aside proceeding | unsuccessful | constitution of the arbitral tribunal (chairperson) |
| 8Ob520/82 | 18 November 1982 | setting aside proceeding | successful | jurisdiction of the arbitral tribunal - ex aequo et bono |