Author Archive:
Per Neuburger
Commercial Arbitration and Commercial Litigation in AustriaPer Neuburger
bronzePer is a bronze memberCounsel, OBLIN Rechtsanwälte GmbH
The Revised Viac Arbitration Rules – What’s New About The Vienna Rules 2021? (Part Ii)
Read more: The Revised Viac Arbitration Rules – What’s New About The Vienna Rules 2021? (Part Ii)The Vienna Rules 2021 entered into force on 1 July 2021 and apply to all proceedings commenced after 30 June 2021. The revision of the Vienna Rules was triggered by the Vienna International Arbitral Centre’s (VIAC) drafting of the Vienna Rules of Investment Arbitration (VRI),1 which were covered in part one of this series. The Vienna…
The Revised Viac Arbitration Rules – What Are The Vienna Investment Arbitration Rules 2021? (Part I)
Read more: The Revised Viac Arbitration Rules – What Are The Vienna Investment Arbitration Rules 2021? (Part I)The Vienna International Arbitral Centre (VIAC) has expanded its portfolio to include the administration of investment disputes. With effect from 1 July 2021, the Vienna Rules of Investment Arbitration (VRI), a newly introduced, standalone legal framework, entered into force.1 They present VIAC’s answer to the demands of investment arbitration and the concerns raised in the ongoing…
Austria: The Uncitral Expedited Arbitration Rules – Six Questions And Answers
Read more: Austria: The Uncitral Expedited Arbitration Rules – Six Questions And AnswersOn 19 September 2021, the Expedited Arbitration Rules (EAR) of the United Nations Commission on International Trade Law (UNCITRAL) entered into force. The EAR were adopted by the Commission on 21 July 2021 and, next to UNCITRAL’s well-known instruments like the Arbitration Rules (UAR) and the Model Law, represent another chapter in the Commission’s impactful…
Austria: Challenging Arbitrators: An Update From The Austrian Supreme Court
Read more: Austria: Challenging Arbitrators: An Update From The Austrian Supreme CourtOn 23 July 2020, the Austrian Supreme Court (Oberste Gerichtshof, OGH) rendered its decision in 18 ONc 1/20x,1 in which it considered a (repeated) challenge of an arbitrator in a VIAC proceeding. Facts The Respondent in the arbitral proceeding had already unsuccessfully objected to the arbitrator’s appointment on a prior occasion. Drawing on Article 20 of the…
Arbitration And Insolvency
Read more: Arbitration And InsolvencyThe effects of COVID-19 on the global economy are well-documented and need not be discussed in detail here. Austria’s economy was certainly not spared and there is little doubt that corporate insolvencies will increase across most sectors. In light of a recent publication by colleagues at Skadden Arps Slate Meagher & Flom LLP, answering several questions about…
Austria: Arbitration Across Borders Is Common And Civil
Read more: Austria: Arbitration Across Borders Is Common And CivilArbitration v. Litigation in Civil And Common Law Jurisdictions The legal background of the tribunal, the parties, and their counsel can influence the scope of disclosure and discovery, which is a major point of divergence between common and civil law. Counsel and arbitrators with a US background may be accustomed to far-reaching discovery, encompassing sweeping…