AUSTRIA Law and Practice Contributed by: Bettina Knoetzl, Patrizia Netal, Katrin Hanschitz and Natascha Tunkel, KNOETZL
Issues of Limitation Austrian law does not contain any specific procedural rules that impose time limitations within which an arbi - tral award shall be enforced. It does, however, provide for a statute of limitations of 30 years to enforce a final court decision ( Judikatschuld ) in its civil law (see Sec - tion 1479 of the Civil Code) ( Allgemeines Bürgerliches Gesetzbuch ). The Austrian Supreme Court has held (OGH 3 Ob 172/00s) that the statute of limitations relating to a judgment or arbitral award is to be determined according to the law governing the obligation that was decided upon.
constitutes an enforceable title under Austrian law but may not be enforceable internationally. As the agreement of the parties is a prerequisite for rendering an arbitral award on agreed terms (or con - sent award), most of the grounds to refuse enforce - ment will not be applicable. However, consent awards may still be reviewed for violation of public policy (see above). Under Austrian law, if the respondent fails to partici - pate in the proceedings (Section 600 of the CCP), the arbitral tribunal may not draw negative inferences from the fact of default – in particular, it may not automati - cally assume that the contentions of the non-default - ing party are true. The claimant must still prove its case and the arbitral tribunal must respect the right to be heard, also towards the defaulting party. The enforcement of an award that was rendered without the participation of the respondent therefore depends on the condition that the defaulting party was properly informed of the arbitration and provided with sufficient opportunity to participate in the proceedings (see OGH 18 OCg 9/19a). It will also require proof that the request for arbitration was properly served on the respondent.
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