Vienna Perspective - 2012

The following article presents a commentary on recent arbitration-related decisions by the Austrian Supreme Court and is the third of an annual contribution that provides readers with a ‘‘Vienna Perspective’’ on issues relevant for international arbitration.

This year we focus on a judgment dealing with the arbitral tribunal decision making process. The Supreme Court clarified the standard applicable to evaluate the sufficiency of deliberations among the arbitrators, the issues to be observed when one arbitrator refuses to sign the award and the consequences of dissenting opinions for the enforcement of the award. In our overview section, we revisit questions of form under Art. IV of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (‘‘New York Convention’’) and can report that the critique voiced in our ‘‘Vienna Perspective – 2010’’ commentary has led to a change in case law.

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