Jurisdiction(s):
United Kingdom

Key definition

Availability definition

What does Availability mean? In asset-based lending, availability is the borrowing headroom a borrower can draw at a given time, calculated by reference to the agreed borrowing base. It is a commercial term used in ABL facility agreements rather than a concept defined by legislation or case law in England & Wales, Scotland, Northern Ireland or Ireland. Availability typically equals the sum of advance rates applied to eligible asset classes (commonly receivables and inventory/stock, and sometimes plant and machinery or real estate components) less agreed reserves and less current utilisation, and is always capped by the facility limit. It is affected by eligibility criteria,...

Arbitral jurisdiction and anti-suit relief under Austrian law: Kompetenz-Kompetenz, objections, court intervention and dismissal of actions, setting aside awards

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note examines challenges to arbitral jurisdiction and the availability of anti-suit relief under Austrian law. Note: the decisions of the Austrian Supreme Court (Oberster Gerichtshof) (OGH) referenced below are not reported by LexisNexis®.

Determination of jurisdiction by the arbitral tribunal Power of arbitrators to rule on their own jurisdiction/Principle of Kompetenz-Kompetenz

In keeping with international arbitral practice, Austrian arbitration Law—specifically section 592(1) of the Austrian Civil Code of Procedure (Zivilprozessordnung, the ACCP)—which in substance follows Article 16 of the United Nations Commission on International Trade Law (UNCITRAL) Model Law, recognises the arbitral tribunal’s authority to decide on its own jurisdiction (the principle of Kompetenz-Kompetenz). This authority encompasses determinations on the existence and validity of the arbitration agreement. ACCP, s 592 (Competence of the Arbitral Tribunal to Rule on its own Jurisdiction) states, in essence, that the arbitral tribunal is empowered to determine its jurisdiction...

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Dr. Andreas Reiner

ARP Attorneys

Active as sole arbitrator, tribunal chair, co-arbitrator and party counsel in arbitrations under institutional rules of the ICC, LCIA, VIAC, ICSID, the Court of Arbitration of the Hungarian Chamber of Commerce and Industry, the Permanent Court of Arbitration of the Croatian Chamber of Commerce, the Arbitral Institute of the Finnish Chamber of Commerce, the Association Française de l’Arbitrage (AFA), the Chamber of Commerce and Industry of Romania (CCIR), UNCITRAL and in a variety of other ad hoc arbitrations....

Tamara Manasijevic

ARP Attorneys

Tamara Manasijevic acts as arbitrator and counsel in domestic and international arbitral proceedings. She has experience in commercial arbitration, having acted as counsel, arbitrator, and secretary to arbitral tribunals in over 30 proceedings under various institutional and ad hoc arbitration rules, including ICC, Zagreb Rules, VIAC, and UNCITRAL.These arbitrations covered a wide range of disputes, particularly in construction and engineering (notably under the FIDIC Books), energy (oil, gas, electricity, and issues related to the liberalisation of the European energy markets), supply contracts, distribution and management agreements, license agreements, sanctions-related matters, joint ventures, M&A, and corporate disputes. The arbitrations were governed by diverse legal frameworks, including the laws of Croatia, Austria, Switzerland, Slovenia, Germany, France, Romania, Poland, the Czech Republic, Greece, Belgium, Spain, England, Russia, Serbia, and Yemen....

Web page updated on 21/05/2026

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