FAQ

Can I challenge the arbitral award?

The arbitration award can be challenged for the reasons stated in the law by filing an action for setting-aside with the Supreme Court (as the only instance). The time limit is usually three months from the date of knowledge of the arbitral award. In the event that the challenge is successful, the decision of the arbitral tribunal shall be set aside by way of a judgment.

 

Examples of grounds for challenge:

  • Absence of a valid arbitration agreement
  • Arbitral tribunal wrongly denied or affirmed its jurisdiction
  • Arbitral award concerns a dispute to which the arbitration agreement does not apply
  • Incorrect formation of the arbitral tribunal
  • Conduct of the proceedings contradicts the fundamental values of the Austrian legal system
  • Subject matter of the dispute is not arbitrable

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