Dispute Resolution in Austria

Dispute Resolution in Austria

Author: Manfred Heider

Publisher: Kluwer Law International B.V.

Published: 2015-10-16

Total Pages: 242

ISBN-13: 9041158448

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This very useful book arms litigation and arbitration practitioners and in-house counsel with a detailed description of the Austrian procedural law governing proceedings before both Austrian domestic courts and arbitral tribunals seated in Austria. Divided equally between arbitration and litigation, with a concluding chapter on the role of relevant international conventions and treaties, the book provides a practical approach to users of the Austrian law on dispute resolution. While it includes detailed references and examples of the jurisprudence of Austrian courts and the opinions of Austrian academics, its great value lies in the straightforward answers it provides foreign lawyers to questions that arise during proceedings in Austria. Issues and topics covered include the following: • the rules governing arbitration agreements and arbitrability; • the taking of evidence in arbitration; • interim measures; • costs; • recognition and enforcement of arbitral awards; • court structure and jurisdiction of Austrian courts; • the evidentiary proceedings before Austrian courts; and • European Civil Procedure• This is the first detailed English-language portrayal of the Austrian legal situation à propos dispute resolution. It allows practitioners to quickly grasp an overview of the Austrian practice in both arbitration and litigation while simultaneously ensuring the required depth to fully understand the legal background of this practice.


Book Synopsis Dispute Resolution in Austria by : Manfred Heider

Download or read book Dispute Resolution in Austria written by Manfred Heider and published by Kluwer Law International B.V.. This book was released on 2015-10-16 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This very useful book arms litigation and arbitration practitioners and in-house counsel with a detailed description of the Austrian procedural law governing proceedings before both Austrian domestic courts and arbitral tribunals seated in Austria. Divided equally between arbitration and litigation, with a concluding chapter on the role of relevant international conventions and treaties, the book provides a practical approach to users of the Austrian law on dispute resolution. While it includes detailed references and examples of the jurisprudence of Austrian courts and the opinions of Austrian academics, its great value lies in the straightforward answers it provides foreign lawyers to questions that arise during proceedings in Austria. Issues and topics covered include the following: • the rules governing arbitration agreements and arbitrability; • the taking of evidence in arbitration; • interim measures; • costs; • recognition and enforcement of arbitral awards; • court structure and jurisdiction of Austrian courts; • the evidentiary proceedings before Austrian courts; and • European Civil Procedure• This is the first detailed English-language portrayal of the Austrian legal situation à propos dispute resolution. It allows practitioners to quickly grasp an overview of the Austrian practice in both arbitration and litigation while simultaneously ensuring the required depth to fully understand the legal background of this practice.

Arbitration Law of Austria

Arbitration Law of Austria

Author: Stefan Riegler

Publisher: Juris Publishing, Inc.

Published: 2007-03-01

Total Pages: 1044

ISBN-13: 1933833076

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Arbitration Law of Austria, with over 800 pages of commentary and analysis, provides the reader in a "one-stop-shop" manner with a concise but comprehensive tool for understanding and conducting arbitrations under the Austrian Arbitration Act and the Vienna Rules. Austria has taken account of international developments and revised its law on arbitration. The new Arbitration Act, which is based on the UNCITRAL Model Law, entered into force on 1 July 2006. Arbitration Law of Austria: Practice and Procedure has been designed to be a reference book for arbitration practitioners and everyone who wants to familiarize themselves in depth with Austrian arbitration law and practice (including the "Vienna Rules"). It gives a concise introduction and provides a practical commentary to each section of the new Arbitration Act and each article of the Vienna Rules. Section by section the book analyzes which case law rendered under the old regime still applies and, for the first time, summarises Austrian case law in English. In addition, five topics of particular interest are covered in detail: arbitration agreements and third parties; confidentiality in arbitration; arbitrators' liability, enforcement and recognition of arbitral awards, and arbitration and bankruptcy.


Book Synopsis Arbitration Law of Austria by : Stefan Riegler

Download or read book Arbitration Law of Austria written by Stefan Riegler and published by Juris Publishing, Inc.. This book was released on 2007-03-01 with total page 1044 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration Law of Austria, with over 800 pages of commentary and analysis, provides the reader in a "one-stop-shop" manner with a concise but comprehensive tool for understanding and conducting arbitrations under the Austrian Arbitration Act and the Vienna Rules. Austria has taken account of international developments and revised its law on arbitration. The new Arbitration Act, which is based on the UNCITRAL Model Law, entered into force on 1 July 2006. Arbitration Law of Austria: Practice and Procedure has been designed to be a reference book for arbitration practitioners and everyone who wants to familiarize themselves in depth with Austrian arbitration law and practice (including the "Vienna Rules"). It gives a concise introduction and provides a practical commentary to each section of the new Arbitration Act and each article of the Vienna Rules. Section by section the book analyzes which case law rendered under the old regime still applies and, for the first time, summarises Austrian case law in English. In addition, five topics of particular interest are covered in detail: arbitration agreements and third parties; confidentiality in arbitration; arbitrators' liability, enforcement and recognition of arbitral awards, and arbitration and bankruptcy.

The Vienna Rules

The Vienna Rules

Author: Franz T. Schwarz

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 1138

ISBN-13: 904112344X

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This book examines the new Vienna Rules and the Austrian Arbitration Act that both came into effect on 1 July 2006 as the result of a major reform. It is devoted to two principles. First, it recognizes that no two international arbitrations are the same. Arbitration thrives, and is today the predominant method of transnational dispute resolution, because it meets the demands of international business for flexibility and efficacy. Arbitration will continue to succeed if it retains those properties, allowing for the adoption of procedures that are customized to satisfy the commercial prerogatives of the individual case. This book seeks to provide its readers with a general framework, and specific instruments, to negotiate that process.


Book Synopsis The Vienna Rules by : Franz T. Schwarz

Download or read book The Vienna Rules written by Franz T. Schwarz and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 1138 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the new Vienna Rules and the Austrian Arbitration Act that both came into effect on 1 July 2006 as the result of a major reform. It is devoted to two principles. First, it recognizes that no two international arbitrations are the same. Arbitration thrives, and is today the predominant method of transnational dispute resolution, because it meets the demands of international business for flexibility and efficacy. Arbitration will continue to succeed if it retains those properties, allowing for the adoption of procedures that are customized to satisfy the commercial prerogatives of the individual case. This book seeks to provide its readers with a general framework, and specific instruments, to negotiate that process.

Civil Procedure in Austria

Civil Procedure in Austria

Author: Walter Hans Rechberger

Publisher:

Published: 2016

Total Pages: 0

ISBN-13: 9789041167514

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"This book was originally published as a monograph in the International encyclopaedia of laws/Civil procedure."


Book Synopsis Civil Procedure in Austria by : Walter Hans Rechberger

Download or read book Civil Procedure in Austria written by Walter Hans Rechberger and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book was originally published as a monograph in the International encyclopaedia of laws/Civil procedure."

Mediation

Mediation

Author: Klaus J. Hopt

Publisher: Oxford University Press

Published: 2018-12-13

Total Pages:

ISBN-13: 0191669350

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Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.


Book Synopsis Mediation by : Klaus J. Hopt

Download or read book Mediation written by Klaus J. Hopt and published by Oxford University Press. This book was released on 2018-12-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.

International and Comparative Mediation

International and Comparative Mediation

Author: Nadja Marie Alexander

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 538

ISBN-13: 9041132244

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"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.


Book Synopsis International and Comparative Mediation by : Nadja Marie Alexander

Download or read book International and Comparative Mediation written by Nadja Marie Alexander and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.

Tax Dispute Resolution

Tax Dispute Resolution

Author: Raul-Angelo Papotti

Publisher: Kluwer Law International B.V.

Published: 2020-10-15

Total Pages: 376

ISBN-13: 9403523611

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In recent decades, due to the strain on international tax rules caused by the substantial increase in integration of national economies and markets, there has been a growth in the number of audit activities and tax assessments carried out by national tax administrations. National bodies and international organizations have, as a result, also begun to study and develop new rules and legal frameworks for providing taxpayers with dispute resolution mechanism more effective than those currently available. Notable among these developments is EU Council Directive 2017/1852, which introduced an efficient framework for the resolution of tax disputes and constituted a giant step toward ensuring legal certainty and a business-friendly environment for investments across Europe. This practical guide to the Directive, written by eminent tax partners and tax litigation specialists from key European jurisdictions, is the first in-depth book on this topic, explaining the law and application of the new Directive in each jurisdiction. Following an introduction describing the Directive and analysing its most salient features, each individual country chapter written by a leading local expert, reports the relevant domestic implementing measures with commentary, relevant case law, and details of mutual agreement procedures (MAPs) and arbitrations. Each country chapter fully addresses key legal and practical issues such as: competent authority decision making concerning a taxpayer complaint filed under EU Council Directive 2017/1852; domestic provisions on MAP initiated under the Directive; taxpayer entitlement to request the formation of an Advisory Commission to start the arbitration phase; effective timelines; interplay of the procedures under the Directive with national legal remedies, including litigation before competent tax courts; recurring domestic issues relating to MAPs under treaties against double taxation and the EU Arbitration Convention; and opportunity for the taxpayer to involve national courts to unblock obstacles under the existing dispute resolution mechanisms. This hugely valuable practice guide clearly explains how the Directive overcomes or greatly mitigates shortcomings in laws and initiatives such as the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI), the EU Arbitration Convention, the Common Consolidated Corporate Tax Base (CCCTB) proposal, and rules to ensure that digital business activities are taxed in a fair and growth-friendly way. It demonstrates the Directive’s promise of restoring legal certainty, provision of enforceable deadlines for resolution of disputes, effective review or appeal procedures, and consistency of the application of rules throughout the EU Member States, as well as taxpayers’ greater participation in the process. The full picture it provides of the options available to resolve a tax dispute under the new EU framework will be welcomed by tax practitioners and officials concerned with issues of transfer pricing and other aspects of cross-border taxation.


Book Synopsis Tax Dispute Resolution by : Raul-Angelo Papotti

Download or read book Tax Dispute Resolution written by Raul-Angelo Papotti and published by Kluwer Law International B.V.. This book was released on 2020-10-15 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, due to the strain on international tax rules caused by the substantial increase in integration of national economies and markets, there has been a growth in the number of audit activities and tax assessments carried out by national tax administrations. National bodies and international organizations have, as a result, also begun to study and develop new rules and legal frameworks for providing taxpayers with dispute resolution mechanism more effective than those currently available. Notable among these developments is EU Council Directive 2017/1852, which introduced an efficient framework for the resolution of tax disputes and constituted a giant step toward ensuring legal certainty and a business-friendly environment for investments across Europe. This practical guide to the Directive, written by eminent tax partners and tax litigation specialists from key European jurisdictions, is the first in-depth book on this topic, explaining the law and application of the new Directive in each jurisdiction. Following an introduction describing the Directive and analysing its most salient features, each individual country chapter written by a leading local expert, reports the relevant domestic implementing measures with commentary, relevant case law, and details of mutual agreement procedures (MAPs) and arbitrations. Each country chapter fully addresses key legal and practical issues such as: competent authority decision making concerning a taxpayer complaint filed under EU Council Directive 2017/1852; domestic provisions on MAP initiated under the Directive; taxpayer entitlement to request the formation of an Advisory Commission to start the arbitration phase; effective timelines; interplay of the procedures under the Directive with national legal remedies, including litigation before competent tax courts; recurring domestic issues relating to MAPs under treaties against double taxation and the EU Arbitration Convention; and opportunity for the taxpayer to involve national courts to unblock obstacles under the existing dispute resolution mechanisms. This hugely valuable practice guide clearly explains how the Directive overcomes or greatly mitigates shortcomings in laws and initiatives such as the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI), the EU Arbitration Convention, the Common Consolidated Corporate Tax Base (CCCTB) proposal, and rules to ensure that digital business activities are taxed in a fair and growth-friendly way. It demonstrates the Directive’s promise of restoring legal certainty, provision of enforceable deadlines for resolution of disputes, effective review or appeal procedures, and consistency of the application of rules throughout the EU Member States, as well as taxpayers’ greater participation in the process. The full picture it provides of the options available to resolve a tax dispute under the new EU framework will be welcomed by tax practitioners and officials concerned with issues of transfer pricing and other aspects of cross-border taxation.

Global Trends in Mediation

Global Trends in Mediation

Author: Nadja Marie Alexander

Publisher: Kluwer Law International B.V.

Published: 2006-01-01

Total Pages: 514

ISBN-13: 904112571X

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In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.


Book Synopsis Global Trends in Mediation by : Nadja Marie Alexander

Download or read book Global Trends in Mediation written by Nadja Marie Alexander and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.

The Austrian Arbitration Act 2006

The Austrian Arbitration Act 2006

Author: Austria

Publisher: Kluwer Law International B.V.

Published: 2006-01-01

Total Pages: 226

ISBN-13: 904112439X

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With the Arbitration Act of 2006 Austria consolidates its emerging role as a seat for arbitration proceedings affecting Central and Eastern Europe. Based to a significant extent on the UNCITRAL Model Law, which is fast becoming an international stan-dard, Austria's new law is applicable in any proceedings involving parties from any country. Assembled with detailed commentary in footnotes by Christoph Liebscher, a leading Austrian arbitration specialist and a member of the committee that drafted the law, this definitive presentation of the Austrian Arbitration Act of 2006 provides all of the fol-lowing: text and notes in four languages English, Russian, French, and German so as many readers as possible can study the legislation in their own language; concise footnotes to nearly every article, offering easy-to-follow applications, examples, and clarifications; and a wealth of general information useful for non-specialists who must advise on the drafting of arbitration agreements. This book will be of great practical value to arbitration practitioners, to international business people and their counsel, as well as to academics in arbitration and interna-tional trade law, especially in the context of Central and Eastern Europe.


Book Synopsis The Austrian Arbitration Act 2006 by : Austria

Download or read book The Austrian Arbitration Act 2006 written by Austria and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the Arbitration Act of 2006 Austria consolidates its emerging role as a seat for arbitration proceedings affecting Central and Eastern Europe. Based to a significant extent on the UNCITRAL Model Law, which is fast becoming an international stan-dard, Austria's new law is applicable in any proceedings involving parties from any country. Assembled with detailed commentary in footnotes by Christoph Liebscher, a leading Austrian arbitration specialist and a member of the committee that drafted the law, this definitive presentation of the Austrian Arbitration Act of 2006 provides all of the fol-lowing: text and notes in four languages English, Russian, French, and German so as many readers as possible can study the legislation in their own language; concise footnotes to nearly every article, offering easy-to-follow applications, examples, and clarifications; and a wealth of general information useful for non-specialists who must advise on the drafting of arbitration agreements. This book will be of great practical value to arbitration practitioners, to international business people and their counsel, as well as to academics in arbitration and interna-tional trade law, especially in the context of Central and Eastern Europe.

Making Dispute Resolution More Effective - MAP Peer Review Report, Austria (Stage 1)

Making Dispute Resolution More Effective - MAP Peer Review Report, Austria (Stage 1)

Author: Organization for Economic Development and Cooperation

Publisher: Organization for Economic Co-Operation & Development

Published: 2018

Total Pages: 0

ISBN-13: 9789264285743

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Under Action 14, jurisdictions have committed to implement a minimum standard to strengthen the effectiveness and efficiency of the mutual agreement procedure (MAP). The MAP is included in Article 25 of the OECD Model Tax Convention and commits countries to endeavour to resolve disputes related to the interpretation and application of tax treaties. The Action 14 Minimum Standard has been translated into specific terms of reference and a methodology for the peer review and monitoring process. The minimum standard is complemented by a set of best practices. The peer review process is conducted in two stages. Stage 1 assesses jurisdictions against the terms of reference of the minimum standard according to an agreed schedule of review. Stage 2 focuses on monitoring the follow-up of any recommendations resulting from jurisdictions' stage 1 peer review report. This report reflects the outcome of the stage 1 peer review of the implementation of the Action 14 Minimum Standard by Austria, which is accompanied by a document addressing the implementation of best practices which can be accessed on the OECD website.


Book Synopsis Making Dispute Resolution More Effective - MAP Peer Review Report, Austria (Stage 1) by : Organization for Economic Development and Cooperation

Download or read book Making Dispute Resolution More Effective - MAP Peer Review Report, Austria (Stage 1) written by Organization for Economic Development and Cooperation and published by Organization for Economic Co-Operation & Development. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under Action 14, jurisdictions have committed to implement a minimum standard to strengthen the effectiveness and efficiency of the mutual agreement procedure (MAP). The MAP is included in Article 25 of the OECD Model Tax Convention and commits countries to endeavour to resolve disputes related to the interpretation and application of tax treaties. The Action 14 Minimum Standard has been translated into specific terms of reference and a methodology for the peer review and monitoring process. The minimum standard is complemented by a set of best practices. The peer review process is conducted in two stages. Stage 1 assesses jurisdictions against the terms of reference of the minimum standard according to an agreed schedule of review. Stage 2 focuses on monitoring the follow-up of any recommendations resulting from jurisdictions' stage 1 peer review report. This report reflects the outcome of the stage 1 peer review of the implementation of the Action 14 Minimum Standard by Austria, which is accompanied by a document addressing the implementation of best practices which can be accessed on the OECD website.