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Austria - Code of Civil Procedure (as modified by Federal Law of February 2, 1983) Fourth Chapter

Article 577

Article 578

Article 579

Article 580

Article 581

Article 582

Article 583

Article 584

Article 585

Article 586

Article 587

Article 588

Article 589

Article 590

Article 591

Article 592

Article 593

Article 594

Article 595

Article 596

Article 597

Article 598

Article 599

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Austria - Code of Civil Procedure (as modified by Federal Law of February 2, 1983) Fourth Chapter

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Austria - Code of Civil Procedure (as modified by Federal Law of February 2, 1983) Fourth Chapter

Article 583

(1) If the parties cannot agree on the arbitrator to be appointed by them jointly, the Court mentioned in Article 582 shall pronounce the rescission of the arbitration agreement.

(2) The same procedure shall be followed

1. if named persons are appointed as arbitrators in the arbitration agreement and one of these arbitrators dies, ceases to act consequent upon a challenge or for any other reason, refuses to accept office as arbitrator or withdraws from the contract concluded with him because of his appointment; or

2. if an arbitrator who is named in the arbitration agreement or appointed by a party pursuant to the arbitration agreement or by the Court pursuant to Article 582 refuses to fulfil the obligations assumed by his acceptance of office as arbitrator, or delays unreasonably in their fulfilment.

(3) If the arbitration agreement is concluded with reference to all disputes arising out of a particular legal relationship and the circumstances in which the Court is to declare the arbitration agreement as rescinded are such that submission to arbitration of possible disputes arising in the future is not excluded, the Court shall only declare the arbitration agreement of no effect for the case in question.


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