Jurisdiction(s):
United Kingdom

Key definition

Arbitration definition

What does Arbitration mean? Arbitration is a private process where parties resolve disputes by one or more arbitrators who issue a final, binding award instead of a court judgment. It is consensual, usually agreed by an arbitration clause, and the law of the seat governs the procedure (lex arbitri). In England and Wales and Northern Ireland, the Arbitration Act 1996 applies. Courts stay court proceedings in favour of arbitration, provide support, and enforce awards; challenges are limited to lack of jurisdiction (s.67), serious irregularity (s.68) and, unless excluded, appeal on a point of law (s.69). In Scotland, the Arbitration (Scotland) Act 2010 provides a similar...

State Immunity and Arbitration in Austria: Jurisdictional Waiver, Enforcement of Arbitral Awards Against State Assets, and 2012 OGH Guidance on Commercial Property and Burden of Proof

Published by a LexisNexis Arbitration expert

Practice notes

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This Practice Note considers the role of state immunity in relation to Arbitration proceedings in Austria.

For an introductory guide to state immunity within the arbitration context, see Practice Note: State immunity and arbitration—general considerations. For further Practice Notes covering state immunity across numerous jurisdictions worldwide, including England and Wales, refer to our State immunity subtopic: State immunity—overview.

States and state-owned enterprises regularly participate in cross-border commercial dealings. Agreements concluded by states—particularly those with private counterparties from other nations—commonly incorporate arbitration clauses. Consequently, states frequently become participants in international arbitral proceedings.

The involvement of states in arbitration brings the doctrine of state immunity to the fore. A central question is whether a state may rely on immunity during the arbitral process itself or subsequently to resist recognition and enforcement of an arbitral award.

A 2012 decision discussed in this Practice Note illustrates the Austrian Supreme Court’s approach to a state’s reliance on immunity when opposing enforcement of an arbitral award.

Note: The decisions of the Austrian Supreme Court (Oberster Gerichtshof) (OGH) mentioned below are not reported by LexisNexis®...

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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 27/05/2026

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