Publications

Dispute Resolution / Litigation & Arbitration

Can eye rolling constitute a reason to challenge an arbitrator?

Nikolaus Pitkowitz analyzes the Austrian Supreme Court decision (18 ONc 3/20s) discussing whether an arbitrator’s eye rolling during a hearing can justify the challenge of the arbitrator. .. more

Employment

Competitive actions by employees through intermediaries: imputation of liability and restrictive covenants

Under Section 7 Austrian Employment Act, employees cannot, while employed and without their employer's consent, operate a commercial business or conclude commercial transactions in their employer's line of business. .. more

Dispute Resolution / Litigation & Arbitration

Supreme Court specifies reasoning standards for arbitral awards

Nikolaus Pitkowitz analyzes the latest Supreme Court decision (18 OCg 3/16i) on the reasoning standards of arbitral awards. .. more

Data Protection

The term "undertaking-company" of GDPR

In his most recent article Dominik Possert examines how the legal term "undertaking-company" is defined in the General Data Protection Regulation of the European Union (GDPR) and how it relates to the Austrian and European legal..

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Employment

Supreme Court rules on compensation for illegal GPS tracking

In his recent article Jakob Widner discusses the decision of the Austrian Supreme Court, which clarifies the rules on compensation for illegal GPS tracking.

ILO-Newsletter, dd. 16 September, 2020

About ILO (International Law..

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Employment

Supreme Court rules on formal requirements for dismissal challenge by works council

In his article Jakob Widner discusses the recent decision of the Austrian Supreme Court, which clarifies the formal requirements for a dismissal challenge by works council. .. more

Dispute Resolution / Litigation & Arbitration

Supreme Court scrutinises decision awarding costs to losing party

Nikolaus Pitkowitz analyses the Austrian Supreme Court decision of 15 January 2020 holding that an arbitral award in ICC proceedings deviating from the “loser pays” rule does not violate Austrian public policy.

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Employment

Continued remuneration during COVID-19 pandemic

The COVID-19 pandemic has caused employers to use various methods to support employees and
maintain business performance.

In this article Jakob Widner outlines the routes that employers and employees can take where working is..

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Employment

COVID-19: short-time work scheme

Austria pioneered short-time work schemes. Introduced in 1949 and overhauled in 2008 and 2009 during the financial crisis, the Austrian short-time work scheme has recently been further adapted to the particular needs of the..

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Data Protection

No right to sue in case of data protection infringement on grounds of unfair competition

Claudia Csáky and Marija Križanac analyse a recent decision of the Austrian Supreme Court (4 Ob 84/19 k) according to which there is no ground to sue on unfair competition in case of data protection infringement. 

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