Commercial Courts In Europe – Alternative To Arbitration?

 1. Commercial Courts in Europe – Alternative to Arbitration? In recent years several European countries have established courts or chambers which solely deal with commercial disputes and are structured so as to attract and better accommodate international parties. Since these Commercial Courts are targeted towards international commercial disputes some question their competitiveness with international commercial […]

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Member Spotlight – Never say never: why Klaus Oblin the aspiring novelist became a first-class lawyer

Klaus Oblin is a highly successful, seasoned Viennese litigator who loves the cut and thrust of the court room with its challenges and reasoned debate. For him, dispute resolution is like a game of chess; a chance to outmanoeuvre and outsmart the opposition. The law according to Klaus needs to be interesting and stimulating, the […]

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Sharon Schmidt features in the IR Global Disputes Virtual Series – Fairness & Impartiality: Are witnesses truly independent in your jurisdiction?

Foreword by Andrew Chilvers Global commerce is by its nature a complex beast and it is inevitable that sometimes disputes arise between companies doing business across the world. As more international deals are signed off – often in greater degrees of complexity than will have been done in the past – it has also led […]

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IR Global Member Meeting – Klaus Oblin welcomes Anooshiravan Karimi

Anooshiravan Karimi of Karimi & Associates Law Firm (exclusive Corporate Law Member in Iran) recently travelled to Vienna, AT. On his travels, he was able to visit Dr. Klaus Oblin of OBLIN Rechtsanwälte GmbH (exclusive Commercial Litigation and Commercial Arbitration Member in Austria) Anooshiravan had the following comments: “I had a prosperous meeting with Mr. Klaus Oblin in […]

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Update on recent Supreme Court decisions in Austria

01 January 2019 amendments to AEA entered into force. These amendments now grant access to data about pending enforcement proceedings. Attorneys and notaries public may access information about the enforcement court, the case number and the amount of the debt subject to the enforcement proceedings. The database is available online and it seeks to assist […]

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Klaus Oblin of OBLIN Rechtsanwälte GmbH takes part in Negotiating Effective Contracts & Dealing with Disputes

QUESTION ONE – What is your best practice approach when advising General Counsel, to ensure dispute resolution clauses are to their real advantage and do not obstruct enforcement proceedings? There are a number of formal requirements for an arbitration agreement: An arbitration agreement must sufficiently specify the parties (they must at least be determinable), it […]

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Surprise decision regarding changing case law

In a recent case before the Supreme Court, the appellant argued that the appeals court had erred by basing its legal reasoning on Case 1 Ob 209/16s, which had not been published in the online legal information system until the last day of the hearings at the trial stage. According to the appellate, because that […]

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Litigation Funding Is On The Rise In Europe

Law360 has published Klaus Oblin and Florian Wettner’s article on the rise of litigation funding. Please see a PDF of the article attached, and the link here: https://www.law360.com/articles/1037898/litigation-funding-is-on-the-rise-in-europe Law360 reaches a global audience of legal professionals, with over 1 million newsletter recipients each day. Law360 is a trusted news source for legal professionals, business leaders, and […]

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Supreme Court’s stance on applicability of agreements conferring jurisdiction

The Supreme Court recently ruled that as the applicability of the EU Brussels I Regulation isundisputed, the effectiveness of an agreement conferring jurisdiction must be decided based onArticle 23 of the regulation (now Article 25 of the EU Brussels Ia Regulation).(1) OverviewUnder Article 23, the phrase ‘agreement conferring jurisdiction’ must be interpreted autonomouslyand is defined […]

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Supreme Court rules on liability of arbitrators to pay

International-Law-Office—Legal-Newsletters,-Law-Firm-Directory-and-Legal-News The Supreme Court recently ruled on the liability of arbitrators to pay damages.(1) Contract The arbitrators’ contract stated that in order to file a suit for damages against the arbitrators, the following requirements had to be met: l The arbitration award had to be annulled pursuant to Section 611 of the Code on Civil […]

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