Article 595

The award shall be set aside,

(1)

1. if an arbitration agreement according to Article 577 does not exist, if the arbitration agreement has become invalid before the making of the award or has ceased to have effect for the particular case or if a party was unable to conclude the arbitration agreement because of its status

2. if the party applying to have the award set aside was unable to present its case in the proceedings before the arbitrators or if required by statute to be represented by an agent or guardian was not so represented in those proceedings unless in the latter case the procedure has been subsequently properly ratified

3. if statutory or contractual provisions regarding the composition of the arbitral tribunal or the method of reaching a decision have been infringed or if the original of the award has not been signed in accordance with the provisions of Article 592(2)

4. if a challenge to an arbitrator has been rejected unjustifiably by the arbitral tribunal

5. if the arbitral tribunal dealt with matters beyond those referred to it

6. if the award is incompatible with the basic principles of the Austrian legal system or if it infringes mandatory provisions of the law, the application of which cannot be set aside by a choice of law of the parties even in a case where a foreign contact according to Article 35 of the International Private Law Act is involved

7. if the conditions are present in which a request can be made under Article 530(1) figures 1 to 7 for a Court judgment to be set aside and the case reopened. 2

(2) In the cases set out in section (1) above, figures 2 to 7, the arbitration agreement will become invalid in respect of the subject matter of the arbitration procedure if an arbitral award thereupon has been set aside twice by final and binding judgment.