Litigation - Austria
by Klaus Oblin
The Supreme Court recently ruled on the liability of arbitrators to pay damages. Contract The arbitrators' contract stated that in order to file a suit for damages against the arbitrators, the following requirements had to be met:
- The arbitration award had to be annulled pursuant to Section 611 of the Code on Civil Procedure.
- The arbitrators had to have acted with 'gross negligence', as defined by the Supreme Court. The parties to the arbitral proceeding and the first, second and fourth defendant signed the contract.