Arbitration clause

By an arbitration agreement (including the arbitration agreement or arbitration clause ), the Parties for disputes arising from a contractual relationship with the state jurisdiction, and agree on a decision by a tribunal. The arbitration agreement must be in writing under German and Austrian law and can be closed when the contract is concluded subsequently with a contract or only for a conflict already incurred.

Germany

The arbitral procedure shall be according to § § 1025 et seq Code of Civil Procedure ( ZPO), unless the parties do not make their own arrangements or it is not a treaty of arbitration in labor disputes is ( see § § 101 et seq ArbGG ). Where reference is made to the Rules of Procedure for Arbitration of an institution, it is deemed agreed. In the arbitration agreement can then be dispensed to the regulation of the details of the arbitration.

Between entrepreneurs arbitration agreement can be agreed upon by the Terms and Conditions (GTC).

Austria

An arbitration agreement under Austrian law is in accordance with § 577Vorlage: invalid § / Maintenance / RIS search ZPO, when a party of their economic or social superiority over the other party exploiting to coerce the other part for the conclusion or adoption of provisions.

  • Civil Procedure Law ( Germany )
  • Civil Procedure Law ( Austria )
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