AUSTRIA Law and Practice Contributed by: Bettina Knoetzl, Patrizia Netal, Katrin Hanschitz and Natascha Tunkel, KNOETZL
Domestic arbitral awards are, by law, deemed to have the same effect as a final court judgment (Section 607 of the CCP). Based on this and pursuant to Section 1, paragraph 16 of the EA, domestic arbitral awards constitute an enforceable title under Austrian law. Foreign awards must first be formally recognised and declared enforceable (generally referred to as exequa - tur) by an Austrian court to constitute an enforceable title under Austrian law (see Section 614 of the CCP in conjunction with Section 406 et seq of the EA). 4.3 Categories of Arbitral Awards Not Enforced Enforceability of Arbitral Awards All arbitral awards that are final and binding are gen - erally enforceable under Austrian law. This includes partial awards (disposing of part of the main claim), final awards, additional awards, and awards granting specific performance. Both the finality of a decision and the fact that it deals with the merits of the case are generally considered prerequisites for an enforceable arbitral award. This applies under Austrian law as well as the New York Convention. Therefore, the enforcement of interim or interlocutory awards that are not final or that deal only with procedural issues raises a number of questions. Since the amendment of Austrian arbitration law (Sec - tion 577 et seq of the CCP) in 2006, these questions have been clarified to the extent that Section 592 of the CCP explicitly provides that a decision on the jurisdiction of the arbitral tribunal may be rendered in the form of an (interim) award, and Section 609 para - graph 4 of the CCP determines that the cost decision shall be rendered in the form of an award. In both cases, such awards are subject to the same provi - sions that apply to arbitral awards in general – ie, they become final and binding, are subject to setting-aside
ity to grant interim measures, however, is determined by the applicable lex arbitri (law of the seat of arbitra - tion). Interim measures issued by an arbitral tribunal are enforceable under Austrian law, subject to the follow - ing conditions: • the other party has been heard (ie, the interim measure was not rendered ex parte); • the interim measure is issued in writing and is undersigned by the sole arbitrator or the president of the arbitral tribunal; and • there are no reasons to deny such enforcement. The list of grounds for refusal is limited and the com - petent district court may only refuse enforcement if: • the seat of arbitration is in Austria and the measure suffers from a defect that constitutes a ground for setting aside an arbitral award under Austrian law; • the seat of arbitration is not in Austria and the measure suffers from a defect that would consti - tute grounds for refusal to recognise and enforce a foreign arbitral award; • the enforcement would be incompatible with a previous domestic or recognised foreign court measure; or • the means of protection are unknown under Aus - trian law and no appropriate means as provided by Austrian law were requested. 4.4 Process of Enforcing Arbitral Awards Domestic arbitral awards are, by law, deemed equiva - lent to a court judgment. They are considered final and binding upon service on the parties. In order to apply for enforcement in Austria, the arbitral award must be confirmed as final, binding and enforceable by the sole arbitrator or presiding arbitrator, as the case may be. This requires that parties revert to the arbitrator(s) after service of the arbitral award to have confirmed on the original that the award is final and binding; see also Article 36 (6) of the Vienna International Arbitral Centre’s Rules of Arbitration and Mediation 2021 (the “Vienna Rules”). For foreign arbitral awards, a declaration of recog - nition and enforceability must be obtained from the
proceedings and are enforceable. Enforceability of Interim Measures
Interim measures issued by an arbitral tribunal are dealt with separately under Section 593 of the CCP. The relevant provision applies irrespective of the seat of arbitration – ie, it applies equally to domestic and international arbitrations. The arbitral tribunal’s author -
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