Supreme Court sets aside arbitral award for defective reasoning

Konfliktlösung / Prozesse & Schiedsverfahren

Dr. Nikolaus Pitkowitz, ILO Newsletter vom 19.1.2017

In a recent decision, the Supreme Court considered if and under what circumstances defective reasoning of an arbitral award may lead to its annulment under the Arbitration Law. In a deviation from previous case law and views expressed by the majority of Austrian legal scholars, the court held that the requirement of sound reasoning is a fundamental principle of the Austrian legal system, and thus that an arbitrator´s failure to comply with this constitutes a violation of procedural public policy.


Nikolaus

Dr. Nikolaus Pitkowitz

M.B.L.-HSG Partner
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