Our partner Mag. Florian Wünscher, LL.M. has published three articles on arbitration-related topics in legal journals during the first months of 2025:
- Arbitration and Mediation Clauses in Articles of Association in Light of Recent Case Law of the Austrian Supreme Court (GES 2024, 284)
The article, published in Zeitschrift für Gesellschaftsrecht und angrenzendes Steuerrecht (GES) analyzes two recent decisions by the Austrian Supreme Court (OGH) that have significantly raised the standards for arbitration and mediation clauses in articles of association. It provides an overview of both judgments and examines their practical implications.
- On the Jurisdiction of State Courts in Arbitration Proceedings (EvBl 2025/36)
In a case note published in Evidenzblatt der Rechtsmittelentscheidungen der Österreichischen Jurist:innenzeitung (ÖJZ), Florian Wünscher discusses the decision OGH 4 Ob 46/24d. In this ruling, the Austrian Supreme Court clarified for the first time under the legal framework established by the Arbitration Amendment Act 2006 that a claim seeking a declaratory judgment on the existence or non-existence of an arbitration agreement before state courts is inadmissible – both before and after the commencement of arbitration proceedings.
- Subjective Scope and Interpretation of Arbitration Clauses in Articles of Association (NZ 2025, 130)
The case note, published in Österreichische Notariatszeitung (NZ), addresses the decision OGH 18 ONc 1/24b and examines the subjective scope and interpretation of arbitration clauses in articles of association. The Austrian Supreme Court clarified for the first time that a company is itself bound by the arbitration clause contained in its own articles of association. It also held that such clauses must be interpreted objectively in case of corporations.