7. Federal Law, which regulates the arbitration procedure in the Code of Civil Procedure, as well as the Introductory Act to the Jurisdictional Standard, the Introductory Act on the Code of Civil Procedure, the Labour and Social Courts Act, which Court Organization Act and the Judge Service Act (Arbitration Law Amending Act 2006-Referral Act 2006)

The National Council has decided:

Article I

Amendment of the Introductory Act to the Jurisdictional Standard

The Introductory Act to the Jurisdictional Standard, RGBl. No. 110/1895, as last amended by the Federal Law BGBl. I n ° 31/2003, shall be amended as follows:

Art. XIII is repealed.

Article II

Amendments to the Introductory Act on the Civil Procedure Code

The Introductory Act on the Code of Civil Procedure, RGBl. No. 112/1895, as last amended by the Federal Law BGBl. I n ° 120/2005, is amended as follows:

1. In Art. XIV para. 1 Z 3 becomes the quote "§ 577 para. 3 ZPO" by quoting "§ 583 para. 1 ZPO" replaced.

2. In Art. XVII becomes the quote § § 577 to 599 ZPO " by quoting "§ § 577 to 618 ZPO" replaced.

Article III

Amendments to the Code of Civil Procedure

The Civil Procedure Code, RGBl. N ° 113/1895, as last amended by the Federal Law BGBl. I n ° 120/2005, is amended as follows:

In the sixth part, the fourth section reads as follows:

" Fourth Section

Arbitration

First Title

General provisions

Scope

§ 577. (1) The provisions of this section shall apply if the seat of the arbitral tribunal is in Austria.

(2) § § 578, 580, 583, 584, 585, 593 (3) to (6), § § 602, 612 and 614 shall also apply if the seat of the arbitral tribunal is not in Austria or is not yet determined.

(3) As long as the seat of the arbitral tribunal has not yet been determined, the domestic jurisdiction shall be for the judicial tasks referred to in the third title if one of the parties has its registered office, residence or habitual residence in Austria.

(4) The provisions of this Section shall not apply to bodies governed by the law of association for the settlement of disputes arising out of the association relationship.

Judicial activity

§ 578. The Court of First Instance may only take action in matters governed by this Section, in so far as this section provides for it.

Rüimmlicht

§ 579. If the arbitral tribunal has not complied with a procedural provision of this section, from which the parties may derogate, or an agreed procedural requirement of the arbitral proceedings, a party may no longer claim the defect later. if it does not notify it immediately or within the time limit laid down for it.

Receipt of written communications

§ 580. (1) If nothing else has been agreed upon by the parties, a written notice shall be deemed to have been received on the day on which it was personally handed to the addressee or to a person entitled to receive it, or, if this was not possible, to the person entitled to receive the notice of reception. it has otherwise been handed over at the place of residence, residence or habitual residence of the recipient.

(2) If the recipient is aware of the arbitral proceedings and is he or a person entitled to receive the award in spite of reasonable investigations of unknown stay, a written notice shall be deemed to have been received on the day of the receipt of a proper notice of the right to receive the award. Transmission has been shown to have been tried in a place which has been disclosed as an address at the end of the arbitration agreement or subsequently by the recipient of the other party or the arbitral tribunal, and has not been disclosed to date with A new address has been revoked.

(3) (3) (1) and (2) shall not apply to communications in judicial proceedings.

Second Title

Arbitration Agreement

Term

§ 581. (1) The arbitration agreement is an agreement between the parties, all or individual disputes arising between them in relation to a specific legal relationship of a contractual or non-contractual nature, or arising in the future, the Decision by an arbitral tribunal to be subject. The arbitration agreement may be concluded in the form of an independent agreement or in the form of a clause in a contract.

(2) The provisions of this Section shall also apply to arbitral tribunals which are legally permitted by the latter's disposal or other legal transactions not based on agreement between the parties or by statutes. shall be arranged.

Arbitration

§ 582. (1) Any claim for property rights to be decided upon by the ordinary courts may be the subject of an arbitration agreement. An arbitration agreement on non-property rights has legal effect insofar as the parties are able to conclude a settlement on the subject matter of the dispute.

(2) Family law claims as well as all claims arising from contracts which are also only partially subject to the rental law or the housing non-profit law, including the disputes concerning the commission, the existence, the resolution and the legal classification of such contracts, and all property rights claims may not be the subject of an arbitration agreement. Statutory provisions outside this section, under which disputes may not be submitted to arbitration proceedings or may only be submitted under certain conditions, shall remain unaffected.

Form of arbitration agreement

§ 583. (1) The arbitration agreement must be contained either in a document signed by the parties or in a letter, telefax, e-mail or other forms of communication, which are exchanged between them and which provide proof of the Ensure agreement.

(2) If a contract corresponding to the formal requirements of paragraph 1 refers to a document containing an arbitration agreement, this shall be based on an arbitration agreement if the reference is such that it is to be concluded with such arbitration agreement. an integral part of the contract.

(3) A lack of form of the arbitration agreement shall be healed in the arbitration procedure by means of an entry into the case if it is not notified at the latest at the same time as the decision to be made.

Arbitration agreement and action brought before the courts

§ 584. (1) Where an action is brought before a court in a matter which is the subject of an arbitration agreement, the court has to reject the action if the defendant does not refer the matter to the case or negotiates orally without being able to do so. This shall not apply if the court finds that the arbitration agreement does not exist or is impracticable. If such proceedings are still pending before a court, an arbitration procedure may nevertheless be initiated or continued and an arbitral award may be made.

(2) Where an arbitral tribunal negates its jurisdiction for the subject-matter of the dispute, because there is no arbitration agreement or the arbitration agreement is not enforceable, the court shall not bring an action on the matter on the ground Reject the case that an arbitral tribunal is responsible for the matter. By bringing the action before the Court of First Instance, the plaintiff's right to bring an action for annulment pursuant to Section 611 of the Court of First Instance annuls the decision by which the arbitral tribunal has denied its jurisdiction.

(3) Where an arbitration procedure is pending, no further litigation may be carried out before a court or arbitral tribunal in respect of the claim asserted; a claim made on the same claim shall be rejected. This shall not apply if the incompetence of the arbitral tribunal has been obeyed before it at the latest with the admission into the case and if a decision of the arbitral tribunal is not to be obtained in an appropriate period of time.

(4) Where a claim is rejected by a court on the grounds of jurisdiction of an arbitral tribunal or by an arbitral tribunal on the grounds of jurisdiction of a court or other arbitral tribunal, or becomes an arbitral award in a litigation proceedings in the event of an incompetence of the arbitral tribunal, the proceedings shall continue as belonging if an action is brought before the court or arbitral tribunal without delay.

(5) A party which, at an earlier date, has appointed itself in proceedings for the existence of an arbitration agreement cannot, at a later date, assert that it is not present, unless the relevant circumstances have been changed since then.

Arbitration agreement and injunction proceedings

§ 585. An arbitration agreement does not preclude a party from applying for a provisional or securing measure before or during the arbitration proceedings before or during the arbitral proceedings, and that the court order such a measure.

Third Title

Formation of the arbitral tribunal

Composition of the arbitral tribunal

§ 586. (1) The parties may agree to the number of arbitrators freely. If, however, the parties have agreed an even number of arbitrators, they shall appoint a further person as chairman.

(2) If the parties have not agreed otherwise, three arbitrators shall be ordered.

Appointment of the arbitrators

§ 587. (1) The parties may freely agree to the procedure for the appointment of the arbitrator or the arbitrator.

(2) If there is an agreement on the procedure for placing an order, the following shall apply:

1.		In arbitration proceedings involving a single arbitrator, the arbitrator shall, if the parties do not agree on his/her appointment within four weeks after receipt of a corresponding written request by one party by the other party, shall not agree to the arbitrator. may, at the request of a party, be ordered by the court.
2.		In arbitration proceedings with three referees, each party appoints an arbitrator. These two referees order the third arbitrator, who will act as chairman of the arbitral tribunal.
3.		If more than three referees are provided, each party has to order the same number of referees. These order a further referee, who will act as chairman of the arbitral tribunal.
4.		If a party has not appointed or received an arbitrator within four weeks after receipt of a written request by the other party, the parties shall not receive the arbitrator within four weeks of the appointment of the arbitrators of The Court of First Instance shall, at the request of a party, appoint the arbitrator to the notice of the arbitrator to be ordered.
5.		A party shall be bound by the appointment of an arbitrator by the party as soon as the other party has received the written notice of the order.

(3) If the parties have agreed a procedure for the order, and

1.		shall not act in accordance with this procedure, or
2.		the parties or the arbitrators may not reach an agreement in accordance with this procedure, or
3.		a third party shall not fulfil a task entrusted to it under this procedure within three months of receiving a corresponding written notice,
any party may apply to the court for the appropriate appointment of arbitrators, provided that the order for ordering the order is not otherwise provided for in order to secure the order.

(4) The written request for the appointment of an arbitrator shall also include information on the claim which is made and on which arbitration agreement the party is based.

(5) If a number of parties who have jointly ordered one or more arbitrators cannot agree within four weeks of receiving a corresponding written notice, the arbitrator shall be the Referee shall be ordered by the court at the request of one of the parties, provided that the order for ordering the order to secure the order is not otherwise provided.

(6) The arbitrator or the arbitrator shall also be appointed by the court at the request of one of the parties if his or her order for non-regulated reasons in the preceding paragraphs is not within four weeks of receipt of the order. an appropriate written notification of the one to the other party, or the order process for securing the order does not result within a reasonable period of time for ordering.

(7) If the order is made before the decision of the first instance and a party proves this, the application must be dismissed.

(8) In the case of the appointment of an arbitrator, the Court of First Instance shall take due account of all the conditions laid down by the party agreement for the arbitrator and shall take into account all the points of view concerning the appointment of an arbitrator. to ensure independent and impartial arbitrators.

(9) No appeal is admissible against a decision to appoint an arbitrator.

Grounds for refusal

§ 588. (1) If a person wishes to take over an arbitrator's office, it shall disclose all the circumstances which may raise doubts about their impartiality or independence or disagree with the party agreement. An arbitrator shall, from the date of his appointment, and during the arbitration proceedings, immediately disclose such circumstances to the parties if he has not communicated them to them before.

(2) An arbitrator may be refused only if circumstances exist which raise legitimate doubts as to his impartiality or independence, or if he does not fulfil the conditions agreed between the parties. A party may refuse an arbitrator who has appointed or participated in the appointment of an arbitrator only for reasons which have become known to it only after the appointment or participation of the arbitrator.

Rejecting procedures

§ 589. (1) The parties may, subject to the provisions of paragraph 3, freely agree on a procedure for the rejection of an arbitrator.

(2) If there is such an agreement, the party which rejects an arbitrator shall, within four weeks after it has become aware of the composition of the arbitral tribunal or a circumstance within the meaning of Section 588 (2), the arbitral tribunal in writing, to explain the reasons for refusal. If the rejected arbitrator does not resign from his office or if the other party does not agree to the rejection, the arbitral tribunal, including the referee rejected, shall decide on the rejection.

(3) If a refusal is unsuccessful in accordance with the procedure agreed by the parties or in accordance with the procedure provided for in paragraph 2, the negative party may within four weeks after it has been refused the decision refusing the refusal, shall apply to the Court of First Instance for a decision on the refusal. No appeal is admissible against this decision. While such a request is pending, the arbitral tribunal, including the rejected arbitrator, may continue the arbitration proceedings and issue an arbitral award.

Early termination of the arbitrator's office

§ 590. (1) The office of an arbitrator shall end when the parties agree to this or when the arbitrator resigns. Subject to the second paragraph, the parties may also agree on a procedure for the termination of the arbitrator's office.

(2) Any party may apply to the court for a decision on the termination of the Office if the arbitrator is either unable to perform his duties or if he does not comply with it within a reasonable period of time, and

1.		the arbitrator shall not resign from his office,
2.		the parties cannot agree on the termination thereof, or
3.		the procedure agreed by the parties does not lead to the termination of the arbitrator's office.
An appeal is not admissible against this decision.

(3) If an arbitrator shall return pursuant to paragraph 1 or in accordance with section 589 (2), or if a party agrees to terminate the office of an arbitrator, that does not imply the recognition of the reasons set out in paragraph 2 or section 588 (2).

Order of a replacement arbitrator

§ 591. (1) If the office of an arbitrator ends prematurely, a substitute arbitrator shall be ordered. The order shall be made in accordance with the rules applicable to the appointment of the referee to be replaced.

(2) If nothing else has been agreed upon by the parties, the arbitral tribunal may continue the proceedings by using the results of the proceedings so far, in particular the recorded negotiation protocol and all other files.

Fourth Title

Jurisdiction of the arbitral tribunal

Power of the arbitral tribunal to decide on its own jurisdiction

§ 592. (1) The arbitral tribunal shall decide itself on its competence. The decision may be taken with the decision in the case, but also separately in its own arbitration ruling.

(2) The objection of lack of competence of the arbitral tribunal shall be made at the latest with the first case of the matter. A party is not excluded from the collection of this objection by ordering an arbitrator or by having participated in the appointment of an arbitrator. The plea that a matter shall exceed the powers of the arbitral tribunal shall be raised as soon as it is brought to the subject of a substantive application. In both cases, a later collection of the objection is excluded; however, if the arbitral tribunal is satisfied with sufficient excuse, the objection can be brought up.

(3) Even if a claim for the annulment of an arbitral award with which the arbitral tribunal has affirmed its jurisdiction is still pending in the case of a court, the arbitral tribunal may, for the time being, continue the arbitration proceedings and also issue an arbitration award.

Arrangement of preliminary or prudential measures

§ 593. (1) If the parties have not agreed otherwise, the arbitral tribunal may, at the request of one of the parties, order provisional or securing measures against another party after the hearing of the party which it considers necessary in relation to the subject-matter of the dispute. , since otherwise the enforcement of the claim would be foiled or seriously hampered, or there would be a risk of irreparable damage. The arbitral tribunal may request appropriate security from any party in the context of such a measure.

(2) The measures referred to in paragraph 1 shall be ordered in writing; each party shall be subject to a signed copy of the order. In arbitration proceedings involving more than one arbitrator, the signature of the chairman or in the case of his prevention of any other arbitrator shall be sufficient, provided that the chairman or the other arbitrator shall indicate on the order of Obstacle to underproduction. Section 606 (2), (3), (5) and (6) shall apply accordingly

(3) At the request of a party, the District Court, in which the opponent of the party at risk at the time of the first application has its registered office, residence or habitual residence in the territory of the country, otherwise has the District Court, in whose Sprengel the law enforcement the act of indiscriminate shall be carried out in such a way as to perform such a measure. If the measure provides for a means of security unknown to domestic law, the court may, at the request of the defendant, apply that collateral of the domestic law which is the measure of the arbitral tribunal at the Next comes. In so doing, it may, at the request of the Court of Arbitration, also depart from the measure of the arbitral tribunal in order to ensure that its purpose is achieved

(4) The Court of First Instance shall reject the enforcement of a measure pursuant to paragraph 1 if:

1.		the seat of the arbitral tribunal is domestised and the measure suffers from a defect which, in the case of a domestic arbitral award, would constitute a reason for cancellation in accordance with Section 611 (2), Section 617 (6) and (7) or Section 618;
2.		the seat of the arbitral tribunal is not domestic and the measure suffers from a defect which, in the case of a foreign arbitration ruling, would constitute a reason for the failure of the recognition or the declaration of enforceable law;
3.		the enforcement of the measure is incompatible with a foreign judicial measure which has previously been requested or adopted, or which has previously been adopted, and to be recognised;
4.		the measure provides for an uncharted means of protection which is unknown to domestic law and has not been requested by a suitable means of securing domestic law.

(5) The court may hear the defendant before a decision on the enforcement of the measure pursuant to paragraph 1. If the defendant has not been heard before the decision is taken, he/she may object to the authorization of the enforcement in the sense of § 397 EO. In both cases, the defendant can only claim that there is a reason to disregard the enforcement of the law in accordance with paragraph 4. In this case, the court is not entitled to decide on claims for damages in accordance with § 394 EO.

(6) The Court of First Instance has to lift the enforcement on request if:

1.		the period of validity of the measure taken by the arbitral tribunal has expired;
2.		the arbitral tribunal has restricted or cancelled the measure;
3.		a case of § 399 (1) (1) to (4) EO, provided that such a circumstance has not already been asserted without success before the arbitral tribunal and the decision of the arbitral tribunal to that effect does not result in any obstacles to recognition (par. 4);
4.		the security referred to in paragraph 1 has been lodged, which makes the enforcement of the measure more or less deprivation.

Fifth Title

Implementation of the arbitration procedure

General

§ 594. (1) Subject to the mandatory provisions of this section, the parties may freely agree to the design of the proceedings. They may also refer to procedural rules. In the absence of such an agreement, the arbitral tribunal shall, in accordance with the provisions of this Title, be free to act in accordance with its discretion.

(2) The parties shall be treated fairly. Each party shall be granted a right to be heard.

(3) The parties may be represented or advised by persons of their choice. This right cannot be excluded or restricted.

(4) An arbitrator shall be liable to the parties for any damage caused by his culpable refusal or delay, whether or not in good time, by the obligation assumed by the acceptance of the order.

Seat of the arbitral tribunal

§ 595. (1) The parties may freely agree to the seat of the arbitral tribunal. You can also leave the provision of the seat to a gun-institution. In the absence of such an agreement, the seat of the arbitral tribunal shall be determined by the arbitral tribunal, taking into account the circumstances of the case, including the suitability of the place for the parties.

(2) If nothing else has been agreed upon by the parties, the arbitral tribunal may, notwithstanding paragraph 1, put procedural actions, in particular for deliberation, decision-making, oral proceedings and the place of the party, in any place which may be deemed appropriate. Taking evidence.

Language of proceedings

§ 596. The parties may agree to the language or languages to be used in the arbitration procedure. In the absence of such an agreement, the arbitral tribunal shall determine.

Action and defence

§ 597. (1) Within the time limit agreed by the parties or determined by the arbitral tribunal, the plaintiff has to confront his/her desire to present the facts on which the claim is based and to make a statement to the defendant in the first place. The parties may submit any significant evidence or other evidence that they wish to make available to them.

(2) If the parties have not agreed otherwise, both parties may, in the course of the proceedings, amend or supplement their action, unless the arbitral tribunal fails to do so because of delay.

Oral proceedings and written procedure

§ 598. If the parties have not agreed otherwise, the arbitral tribunal shall decide whether to negotiate orally or whether the proceedings should be carried out in writing. If the parties have not ruled out an oral hearing, the arbitral tribunal shall, at the request of one of the parties, carry out such proceedings in a suitable section of the proceedings.

Procedure and taking of evidence

§ 599. (1) The arbitral tribunal shall be entitled to decide on the admissibility of a taking of evidence, to carry out the taking of evidence and to pay tribute to its result freely.

(2) The parties shall be informed in good time of any negotiation and of each meeting of the arbitral tribunal for the purposes of taking evidence.

(3) All pleadings, documents and other communications submitted to the arbitral tribunal by one party shall be brought to the attention of the other party. Opinions and other evidence on which the arbitral tribunal may rely on its decision shall be brought to the attention of both parties.

Ominating of a procedural act

§ 600. (1) In the event of failure of the plaintiff to bring the action in accordance with Article 597 (1), the arbitral tribunal shall terminate the proceedings.

(2) If the defendant fails to give its opinion within the agreed or applied time limit pursuant to Article 597 (1), the arbitral tribunal shall continue the proceedings if the parties have not agreed otherwise, without that alone because of the failure to comply with the provisions of the the plaintiff's claim is to be held true. The same applies if a party fails to act on other procedural steps. The arbitral tribunal may continue the proceedings and make a decision on the basis of the evidence recorded. If, in the opinion of the arbitral tribunal, the failure is sufficiently apologised, the missed procedural act can be obtained.

Expert appointed by the arbitral tribunal

§ 601. (1) If the parties have not agreed otherwise, the arbitral tribunal may

1.		appoint one or more experts to repay an expert opinion on certain questions to be determined by the arbitral tribunal;
2.		call on the parties to provide the expert with any relevant information or to provide or make available to the expert any documents or items of a substantial amount for the purpose of receiving a fund.

(2) If the parties have not agreed otherwise, the expert shall, if a party so requests or if the arbitral tribunal deems it necessary, to attend an oral hearing after reimbursement of his opinion. At the hearing, the parties may ask questions to the expert and let their own experts testify on the issues at issue.

(3) § § 588 and 589 (1) and (2) shall be applied in accordance with the experts appointed by the arbitral tribunal.

(4) If nothing else has been agreed upon by the parties, each party shall have the right to submit expert opinions of its own experts. Paragraph 2 shall apply accordingly.

Judicial assistance

§ 602. The arbitral tribunal, arbitrator appointed by the arbitral tribunal, or one of the parties, with the consent of the arbitral tribunal, may apply to court for the conduct of judicial acts which the arbitral tribunal shall not have the power to take. Legal assistance may also be that the court requests a foreign court or an authority to take such actions. § 37 (2) to (5) and § § 38, 39 and 40 of the JN shall apply in accordance with the proviso that the right of appeal pursuant to § 40 JN shall be entitled to the arbitral tribunal and to the parties to the arbitration proceedings. The arbitral tribunal or an arbitrator appointed by the arbitral tribunal and the parties shall be entitled to take part in a judicial inquiry and to ask questions. § 289 shall apply mutatily.

Sixth Title

Arbitration and termination of proceedings

Applicable law

§ 603. (1) The arbitral tribunal shall determine the dispute in accordance with the legislation or rules of law which have been agreed by the parties. The agreement of the law or the legal order of a particular State, unless the parties expressly agreed otherwise, shall be deemed to be a direct reference to the substantive law of that State and not to its conflict of laws to understand.

(2) If the parties have not determined the applicable legislation or rules of law, the arbitral tribunal shall apply those provisions which it deems appropriate.

(3) The arbitral tribunal shall decide upon equity only if the parties have expressly authorized it to do so.

Decision by a referee collegium

§ 604. If the parties have not agreed otherwise, the following shall apply:

1.		In arbitration proceedings with more than one arbitrator, each decision of the arbitral tribunal shall be taken with the majority of votes of all the members. In procedural matters, the chairman may decide on his own if the parties or all the members of the arbitral tribunal have authorized him to do so.
2.		If one or more arbitrators do not participate in a vote without justifying reason, the other arbitrators may decide without them. In this case, too, the necessary majority of votes must be calculated by the total number of all participating and non-participating arbitrators. In the event of a vote on an award, the intention to proceed in such a way shall be notified to the parties beforehand. In the case of other decisions, the parties shall be subsequently informed of the non-participation in the vote.

Comparison

§ 605. If the parties compare themselves to the dispute during the arbitration procedure and if the parties are capable of concluding a settlement on the subject of the dispute, they may request that:

1.		the arbitral tribunal shall record the comparison, provided that the contents of the comparison do not violate fundamental values of the Austrian legal order (ordre public); it is sufficient for the protocol to be signed by the parties and the chairman ;
2.		the arbitral tribunal shall hold the comparison in the form of an award with an agreed wording, provided that the content of the comparison does not infringe fundamental values of the Austrian legal order (ordre public). Such an award is to be issued in accordance with § 606. He has the same effect as any arbitration ruling on the matter.

Arbitration ruling

§ 606. (1) The award shall be issued in writing and shall be signed by the arbitrator or the referee. If the parties have not agreed otherwise, the signatures of the majority of all the members of the arbitral tribunal shall suffice in arbitration proceedings with more than one arbitrator, provided that the chairman or another arbitrator at the award of the award is subject to the award of the award. , which hinder the lack of signatures.

(2) If nothing else has been agreed upon by the parties, the award shall be based on the reasons for the award.

(3) In the case of arbitration, the date on which it has been issued and the seat of the arbitral tribunal determined in accordance with section 595 (1) shall be indicated. The award shall be deemed to have been issued on that date and in this place.

(4) Each party shall be sent a copy of the award, signed by the arbitrators as referred to in paragraph 1.

(5) The award of the award and the certificates of delivery shall be Community documents of the parties and of the arbitrators. The arbitral tribunal shall discuss with the parties a possible custody of the award of the award as well as of the certificates of delivery of the award.

(6) The Chairman, in the event of his prevention, another arbitrator, shall, at the request of one of the parties, confirm the legal force and enforceability of the award on a copy of the award.

(7) By omission of an arbitral award, the underlying arbitration agreement does not come out of force.

Effect of the award

§ 607. The arbitral award shall have the effect of a final judicial judgment between the parties.

Termination of arbitration

§ 608. (1) The arbitral proceedings shall be terminated with the award of arbitration in the case, an arbitration settlement or with a decision of the arbitral tribunal in accordance with paragraph 2.

(2) The arbitral tribunal shall terminate the arbitration proceedings if:

1.		the plaintiff has failed to bring the action under Article 597 (1);
2.		the plaintiff withholds its action, unless the defendant opposes that and the arbitral tribunal recognises a legitimate interest of the defendant in the final settlement of the dispute;
3.		the parties agree to terminate the proceedings and communicate this to the arbitral tribunal;
4.		it has become impossible to continue the proceedings, in particular because the parties involved in the proceedings so far have been subject, despite the written request of the arbitral tribunal, to the possibility of an end to the arbitration procedure. , the arbitral proceedings shall not continue to operate.

(3) Subject to § § 606 (4) to (6), 609 (5) and (610) as well as the obligation to waive a provisional or securing measure ordered, the Office of the Arbitration shall end with the termination of the arbitration procedure.

Decision on costs

§ 609. (1) If the arbitral proceedings are terminated, the arbitral tribunal shall decide on the obligation to charge the costs, unless the parties have agreed otherwise. The arbitral tribunal shall, at its discretion, take account of the circumstances of the individual case, in particular the outcome of the proceedings. The replacement obligation may include all costs appropriate for appropriate legal proceedings or legal defence. In the case of Section 608 (2) (3), such a decision shall only be taken if a party requests such a decision at the same time as the notification of the termination of the proceedings is notified.

(2) The arbitral tribunal may, at the request of the defendant, also decide on an obligation of the plaintiff for the replacement of costs if it has declared itself uncompetent, because no arbitration agreement is present.

(3) At the same time as the decision on the obligation to pay the costs, the arbitral tribunal shall fix the amount of the costs to be replaced, provided that this is already possible and the costs are not discourted against one another.

(4) In any case, the decision on the obligation to reimburse the costs and determine the amount to be replaced shall be made in the form of an arbitral award in accordance with § 606.

(5) If the decision on the obligation to set the costs or the amount to be replaced is not required or is not possible until after the end of the arbitration procedure, a decision shall be taken in a separate award.

Corrigendum, explanation and completion of the award

§ 610. (1) If the parties have not agreed otherwise, each party may apply to the arbitral tribunal within four weeks of receipt of the award,

1.		Correct the error of writing, writing and printing errors or errors of a similar nature in the award;
2.		explain certain parts of the award, provided that the parties have agreed to do so;
3.		to issue a supplementary award on claims which have been invoked in the arbitration proceedings but which have not been dealt with in the case of arbitration.

(2) The application pursuant to paragraph 1 shall be sent to the other party. Prior to the decision on such a request, the other party shall be heard.

(3) The arbitral tribunal shall decide on the correction or explanation of the award within four weeks and on the completion of the award within eight weeks.

(4) A correction of the Arbitration pursuant to Section 1 (1) (1) may be made by the arbitral tribunal within four weeks from the date of the award of the award, even without a request.

(5) § 606 shall apply to the correction, explanation or addition of the award. The explanation or correction shall form an integral part of the award.

Seventh Title

Appeal against the award

Request for the waiver of an award

§ 611. (1) Only one action may be brought against an arbitration award for annulment. This also applies to arbitration awards, with which the arbitral tribunal has agreed on its jurisdiction.

(2) An arbitral award shall be waived if:

1.		a valid arbitration agreement is not present, or if the arbitral tribunal has denied its jurisdiction, but a valid arbitration agreement is in place, or if a party has the right, which is relevant to it, to the right of arbitration. the conclusion of a valid arbitration agreement was not capable;
2.		a party has not been informed of the appointment of an arbitrator or of the arbitral proceedings or, for any other reason, has not been able to assert its own means of attack or defence;
3.		the award relates to a dispute for which the arbitration agreement does not apply, or it contains decisions which exceed the limits of the arbitration agreement or the parties ' request for legal protection; the deficiency concerns only one the part of the award which can be separated, this part shall be repealed;
4.		the formation or composition of the arbitral tribunal shall be contrary to a provision of this section or to a permissible agreement between the parties;
5.		the arbitration procedure has been carried out in such a way that the basic values of the Austrian legal order (ordre public) are contrary;
6.		there are conditions under which, under Section 530 (1) (1) (1) to (5), a court judgment can be challenged by means of a repudiation situation;
7.		the subject-matter of the dispute shall not be capable of skeying under national law;
8.		the arbitral award contradicts fundamental values of the Austrian legal order (ordre public).

(3) The reasons for the repeal of paragraph 2 (2) (7) and (8) shall also be carried out by the Office of the Office.

(4) The application for annulment shall be lodged within three months. The period shall begin with the date on which the plaintiff has received the award of the award or the supplementary award. An application in accordance with § 610 (1) Z 1 or 2 shall not extend this period. In the case of paragraph 2 (6), the time limit for the repeal action shall be assessed in accordance with the provisions on the recovery situation.

(5) The annulment of an award does not affect the effectiveness of the underlying arbitration agreement. If an award of the same subject has been annulled by a final decision on the same subject, and if a further claim for arbitration is to be repealed, the Court of First Instance, at the request of one of the parties, shall at the same time have the arbitration agreement. in respect of this object, to be declared ineffective.

Determination of the existence or non-existence of an arbitral award

§ 612. The determination of the existence or non-existence of an award may be sought if the applicant has a legal interest in it.

Perception of reasons of cancellation in a different procedure

§ 613. If a court or authority finds in another procedure, such as in an executive proceedings, that there is a reason for the cancellation pursuant to Article 611 (2) (7) and (8), the award shall not be taken into consideration in this procedure.

Eighth title

Recognition and enforceable declaration of foreign arbitral awards

§ 614. (1) The recognition and enforceable declaration of foreign arbitral awards shall be governed by the provisions of the executive order, unless otherwise determined in accordance with international law or in legislative acts of the European Union. The formal requirement for the arbitration agreement shall be deemed to have been fulfilled even if the arbitration agreement complies with both the formal requirements of Section 583 and the formal requirements of the law applicable to the arbitration agreement.

(2) The original document or a certified copy of the arbitration agreement under Article IV (1) (b) of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Arbitration shall only be submitted after the request has been made by the Court required.

Ninth Title

Judicial procedure

Responsibility

§ 615. (1) In the case of proceedings for the annulment of the award and the action for the determination of the existence or non-existence of an award as well as proceedings in matters under the third title, the first instance shall be without regard to the value of the award. The subject matter of the dispute shall be the jurisdiction of the Regional Court ausüating in civil cases, which shall be referred to in the arbitration agreement or whose jurisdiction has been agreed in accordance with Section 104 of the JN, or, if such a designation or There is no agreement in which the seat of the arbitral tribunal lies in the latter's renown. If the seat of the arbitral tribunal is not yet determined or if it is not in Austria in the case of § 612, the Commercial Court of Vienna shall be responsible.

(2) If the dispute on which the award is based is a commercial matter within the meaning of Section 51 of the JN, the Regional Court shall decide in the exercise of jurisdiction in commercial matters, Vienna's Commercial Court, Vienna; the court shall act as a In the sense of Section 50 (1) of the ASGG, the national courts act as labour and social courts, the Vienna Labour and Social Court (labor and social court).

Procedure

§ 616. (1) The proceedings for the annulment of the award of the award and the action for the determination of the existence or non-existence of an award shall be governed by the provisions of this Act, the procedure in matters after the third Title is governed by the general provisions of the Non-Dispute Law.

(2) At the request of a party, the public may also be excluded if there is a legitimate interest in it.

Tenth title

Special provisions

Consumers

§ 617. (1) Arbitration agreements between an entreprenter and a consumer can be effectively concluded only for disputes which have already been established.

(2) Arbitration agreements in which a consumer is involved shall be included in a document signed by that consumer. Any agreements other than those relating to arbitration may not be included in this agreement.

(3) In the case of arbitration agreements between an entrepre and a consumer, before the conclusion of the arbitration agreement, the consumer shall have a written legal instruction on the main differences between arbitration and an arbitration agreement between an operator and a consumer. Court proceedings.

(4) In the case of arbitral agreements between entrepreneurs and consumers, the seat of the arbitral tribunal shall be established. The arbitral tribunal may only meet in another place for oral proceedings and for the taking of evidence if the consumer has consented to the case or the taking of evidence at the seat of the arbitral tribunal is in serious difficulty.

(5) Where the arbitration agreement has been concluded between an operator and a consumer, the consumer shall not be domicated at the conclusion of the arbitration agreement or at the time when a complaint is brought before the consumer; habitual residence or place of employment in the State in which the arbitral tribunal has its registered office, the arbitration agreement shall be observed only if the consumer is based on this.

(6) An arbitral award shall also be waived if, in an arbitration procedure involving a consumer,

1.		has been infringed by binding legislation, the application of which could not be taken into account even in the case of a case of foreign contact by the choice of the parties ' legal choice, or
2.		there are conditions under which, under Section 530 (1) (6) and (7), a court sentence can be appealed by means of a recovery order, which is the deadline for the repeal action in accordance with the provisions relating to the recovery situation. .

(7) Where the arbitration procedure has taken place between an entrepre and a consumer, the award of the award shall also be waived if the written legal instruction in accordance with paragraph 3 has not been issued.

Labour law

§ 618. § 617 (2) to (7) shall apply in the case of arbitration proceedings in employment cases pursuant to Section 50 (1) of the ASGG. "

Article IV

Amendment of the Labour and Social Court Act

The Labor and Social Justice Act, BGBl. No. 104/1985, as last amended by the Federal Law BGBl. I No 45/2005, shall be amended as follows:

In Section 9 (2), the word sequence shall be deleted "; for the annulment of arbitral awards, the competent regional court is called to act as a labour and social court (§ 36)" .

Article V

Amendments to the Court of Justice Act

The Law of the Court of Justice of 27 November 1896, RGBl. No. 217, as last amended by the Federal Law BGBl. I n ° 128/2004, shall be amended as follows:

The following paragraph 7 shall be added to section 32:

" (7) litigation according to the fourth section of the sixth part of the Code of Civil Procedure, RGBl. No. 113/1895, must be assigned to the same judicial department. "

2. § 45 the following paragraph 3 is added:

" (3) litigation according to the fourth section of the sixth part of the Code of Civil Procedure, RGBl. No. 113/1895, must be assigned to the same right-wing senate. "

Article VI

Amendments to the Judge Service Act

The Judicial Service Act, BGBl. No. 305/1961, as last amended by the Federal Law BGBl. I n ° 121/2005, is amended as follows:

(1) The following sentence shall be added to Section 63 (5):

" Judges of the service may appoint an order as arbitrator within the meaning of the Fourth Section of the Sixth Part of the Civil Procedure Code, RGBl. No. 113/1895, do not accept it. "

2. The following paragraph 40 is added to § 173:

" (40) § 63 (5) last sentence in the version of the Federal Law BGBl. I n ° 7/2006 shall enter into force on 1 July 2006. '

Article VII

In-force, transitional provisions and enforcement

(1) This federal law shall enter into force on 1 July 2006.

(2) The provisions currently in force shall apply to arbitration proceedings which have been initiated before 1 July 2006.

(3) The effectiveness of arbitration agreements concluded before 1 July 2006 shall be governed by the provisions currently in force.

(4) The Federal Minister of Justice is responsible for the enforcement of this federal law.

Fischer

Bowl