We are pleased to share a recent case note by our associate Tim C. Kirchmayr which was published in ecolex 2026/21: ecolex 2026/21: OGH 22.7.2025, 18 OCg 1/25hAufhebung eines Schiedsspruchs über die Kosten; (Tim C. Kirchmayr): RDB Rechtsdatenbank

Can an arbitral tribunal still decide on the costs of the arbitration if the arbitration agreement has subsequently been terminated? The Austrian Supreme Court recently addressed this question (18 OCg 2/25f). The Court answered in the affirmative and extended Section 609(2) of the Austrian Code of Civil Procedure to situations in which the arbitration agreement has subsequently been terminated. A party that initiates arbitral proceedings shall not be able to subsequently avoid an adverse costs decision by invoking a lack of jurisdiction of the tribunal.