ArticlePreliminary Questions Referred To ECJ – Compensation For Immaterial Damages Under Art. 82 GDPRThis applies even if the data concerned is based on anonymized polls and statistics.AustriaPrivacyOBLIN Rechtsanwälte GmbH
ArticleLitigation & Dispute Resolution 2018Austria is a civil law country; thus, laws are codified into collections. Civil procedural rules are contained in various acts such as:AustriaLitigation, Mediation & ArbitrationOBLIN Rechtsanwälte GmbH
ArticleCitius, Altius, Fortius – LexCon Austria 2020Contrary to popular belief, the significance and impact of technology, however, does not lie in automation, but transformation. AustriaTaxOBLIN Rechtsanwälte GmbH
ArticleThe New Austrian Warranty Law – An OverviewOn 1 January 2022, new warranty provisions will apply in Austria. This article explains the main changes and examines what impact the changes will have on day-to-day practice.AustriaConsumer ProtectionOBLIN Rechtsanwälte GmbH
ArticleThe 2023 Amendments To The Austrian Code Of Civil Procedure: What's New?On 14 July 2023, amendments to the Austrian Code of Civil Procedure (Zivilprozessordnung, ACCP) entered into force.AustriaLitigation, Mediation & ArbitrationOBLIN Rechtsanwälte GmbH
ArticleThe Revised VIAC Arbitration Rules – What Are The Vienna Investment Arbitration Rules 2021? (Part I)The Vienna International Arbitral Centre (VIAC) has expanded its portfolio to include the administration of investment disputes. AustriaLitigation, Mediation & ArbitrationOBLIN Rechtsanwälte GmbH
ArticleMass Claims And Consent In Investment Arbitration: An Irreconcilable Conundrum?This article firstly evaluates the existing state of mass claims with a particular reference to the position taken by the investment tribunals when dealing with mass claims. AustriaLitigation, Mediation & ArbitrationOBLIN Rechtsanwälte GmbH
ArticleStaying Ahead Of The Curve And Moving Beyond Third-party Funding To Make Pursuing Construction Disputes Financially Viable In A World With COVID-19Imagine you are driving a car at 100 kmph and your friend sitting in the front seat with you yanks the emergency brakes. You know what happens next. SPOILER ALERT- the car crashes. AustriaReal Estate and ConstructionOBLIN Rechtsanwälte GmbH
ArticleThe 2021 IBA Toolkit And The Future Of A Transnational Approach To The Arbitrability Of Insolvency ProceedingsEarlier this year, a sub-group of the IBA's Committee on Arbitration, published its Toolkit on Insolvency and Arbitration (the ‘Toolkit').AustriaInsolvency/Bankruptcy/Re-StructuringOBLIN Rechtsanwälte GmbH
ArticleCanada Arbitration Week 2020: Key Takeaways From A Webinar With Arbitration Place, ICDR And ICDR CanadaThe use of virtual hearings is not a novel phenomenon in the international arbitration sphere. CanadaLitigation, Mediation & ArbitrationOBLIN Rechtsanwälte GmbH
ArticleOnline Courts – Covid-19, Austria And The Recent Changes In The Practice Of Using Video-Conferencing TechnologyAs the number of COVID-19 cases continues to grow, governmental and judicial bodies have been forced to consider new measures to attend to public health directions and offer new pathways towards remote connectivity. AustriaCoronavirus (COVID-19)OBLIN Rechtsanwälte GmbH
ArticleThoughts on the Legitimacy, Sustainability and Future of ISDS in Times of CrisisAs a health crisis of both economic and social proportion, the COVID-19 pandemic has exacted unspeakable loss of human life and menaced the world economy, leaving no industry or personal interaction untouched.AustriaCoronavirus (COVID-19)OBLIN Rechtsanwälte GmbH
ArticleVienna Higher Court Confirming Damages Claim Against FacebookOn 07.12.2020 (served on 28.12.2020), the Higher Regional Court (Oberlandesgericht Wien, OLG) delivered its ruling in the appeal proceedings Schrems v Facebook Ireland Ltd.AustriaPrivacyOBLIN Rechtsanwälte GmbH
ArticleQuestioning Witness Testimony Reliability – Guidance Aimed At Preserving And Ensuring The Accuracy Of Witness EvidenceHuman memory is informed by subjective notions of reality. As time passes, external factors can cause an individual's experience to be severely altered or even distorted entirely. AustriaLitigation, Mediation & ArbitrationOBLIN Rechtsanwälte GmbH
ArticleAustrian Supreme Court On Third-Party Funding And The Right To Be HeardIn a recent decision rendered on 15 December 2021, the Austrian Supreme Court (Oberster Gerichtshof, OGH) examined different grounds for setting aside an arbitral award. AustriaLitigation, Mediation & ArbitrationOBLIN Rechtsanwälte GmbH
ArticleAustria's Draft Communication Platform Act – A SummaryOn 3 September 2020, the Austrian government introduced a draft of its long-anticipated Communication Platform Act (‘Kommunikationsplattformen-Gesetz', KoPI-G), ...AustriaMedia, Telecoms, IT, EntertainmentOBLIN Rechtsanwälte GmbH
ArticleHas The Future Arrived? Overview Of The EU Draft Regulation On Artificial IntelligenceOn 21 April 2021, the EU Commission published a proposal for a Regulation on Artificial Intelligence (draft AI Regulation, proposed Regulation).European UnionTechnologyOBLIN Rechtsanwälte GmbH
ArticleForeign Direct Investments In Austria And Germany: A Comparative OverviewIn light of the volatility of financial markets accelerated by the COVID-19 pandemic, and rising concerns over the heightened risk of buyouts of key national assets and industries, the issue of foreign direct investment screening ...AustriaGovernment, Public SectorOBLIN Rechtsanwälte GmbH
ArticleArbitration In Times Of Covid-19: An Austrian PerspectiveThe incremental rise of COVID-19 infections has, at the time of writing, claimed a total of 655,112 deaths (source: WHO) worldwide. AustriaLitigation, Mediation & ArbitrationOBLIN Rechtsanwälte GmbH
ArticleThe ICCA Report No. 8 – Cross-institutional Task Force Releasing Report On Gender Diversity In Arbitration Appointments And ProceedingsEarlier this year, the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings released its first Report in the eighth volume...AustriaLitigation, Mediation & ArbitrationOBLIN Rechtsanwälte GmbH