Civil Procedure - A Q&A Guide to Litigation in Austria
Description
English This succinct new paperback explains the institutional bases and fundamental concepts of the Austrian procedural system in a user-friendly Q&A format. It provides a structured overview of the key practical issues concerning civil litigation by breaking down the principles of procedural law into small, easily digested bites. The reader is guided from the pre-trial stage to the ultimate resolution of the case. In this manner, the most prominent features of civil procedure in Austria such as rules related to pleadings, motions, joinder and consolidation, evidence, judgments and orders, appeals, and enforcement are addressed. -explains the major features of civil procedure in Austria -covers all stages of civil litigation -highlights the interplay between legal rules, doctrine, practice, and culture -provides tips to share conventional litigation wisdom -contains tables summarizing important procedural information -accessible to a wide range of audiences German: Das vorliegende Werk bietet erstmalig einen umfassenden Überblick zum österreichischen Zivilverfahren in englischer Sprache. Die zentralsten prozessrechtlichen Themen werden im benutzerfreundlichen Q&A Format und leicht verständlich dargestellt. Vom vorprozessualen Stadium bis hin zum Abschluss des Verfahrens wird der Leser an die einschlägigen Bestimmungen des österreichischen Zivilverfahrensrechts herangeführt und mit diesen in praxisnaher Art und Weise vertraut gemacht. -Darstellung der wesentlichsten Aspekte des österreichischen Zivilverfahrensrechts -Praxisnahe Zusammenschau von Recht, Lehre und Praxis -Tipps für Zivilverfahrenspraktiker -Thematische Erschließung anhand von Schaubildern -Ausrichtung auf ein internationales Publikum The Author: Anne-Karin Grill is an attorney and a member of the Austrian Bar. She specializes in international dispute resolution and advises clients in both commercial litigation and arbitration proceedings. She has served as arbitrator and administrative secretary in multi-jurisdictional arbitrations conducted under the VIAC, ICC and LCIA rules. Anne-Karin Grill also acts as a CEDR accredited mediator in international commercial disputes. She earned her law degree (Mag. Iur.) from the University of Vienna and holds an M.A. in International Security Studies from Georgetown University. Anne-Karin Grill serves as a lecturer at the University of Vienna and is a regular speaker on dispute resolution topics. She is also the author of a number of publications on the subject.
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Person
Anne-Karin Grill is an attorney and a member of the Austrian Bar. She specializes in international dispute resolution and advises clients in both commercial litigation and arbitration proceedings. She has served as arbitrator and administrative secretary in multi-jurisdictional arbitrations conducted under the VIAC, ICC and LCIA rules. Anne-Karin Grill also acts as a CEDR accredited mediator in international commercial disputes. She earned her law degree (Mag. Iur.) from the University of Vienna and holds an M.A. in International Security Studies from Georgetown University. Anne-Karin Grill serves as a lecturer at the University of Vienna and is a regular speaker on dispute resolution topics. She is also the author of a number of publications on the subject.
Content
Table of Contents Preface V Abbreviations XI Civil Procedure in Austria 1 General 1 1. What type of legal system does Austria have? 1 2. What are the rules that govern civil procedure in Austria? 1 3. How is the civil court system structured and are there any specialist courts in Austria? 5 4. What is the judiciary's approach to exclusive jurisdiction clauses? 8 5. What legal remedies are there and what are the various levels of appeal? 10 Costs 13 6. What are the costs of civil proceedings in Austria and who bears these costs? 13 7. Are there any particular rules about the funding of litigation? 16 8. Are contingency/conditional fee arrangements permitted under Austrian law? 17 9. Are there rules on security for costs? 18 10. Can legal aid be obtained for civil disputes? 18 Before Commencing Proceedings 20 11. What is the average duration of a civil lawsuit in Austria? 20 12. Are there any pre-action procedures in place in Austria? 22 13. What limitation periods apply for the bringing of proceedings before civil courts? 22 14. How are time limits calculated? 24 15. Are any (pre-action) provisional measures available in Austria? How do you apply for them and what are the main criteria for obtaining them? 26 Bringing a Case to Court in Austria 31 16. How are civil law suits commenced? 31 17. What methods of service are there and what is the deemed date of service? 32 18. How is service effected outside Austria? 38 19. Is there a preferred method of service of foreign proceedings in Austria? 42 20. What are the main elements of the claimant's statement of claim? 42 21. Can the pleadings be amended? If so, are there any restrictions? 44 Defending a Claim 45 22. What are the main elements of the defendant's statement of defense? What is the time-limit for ist submission? 45 23. Can the defendant bring a counter claim? 46 24. Can the defendant bring a defense of set-off? 47 25. Is there a mechanism whereby a defendant can pass on liability by bringing an action against a third party? 48 26. What happens if the defendant does not defend the claim? 49 27. Can the defendant dispute the court's jurisdiction? 52 Joinder and Consolidation 52 28. Is there a mechanism whereby a third party can be joined into proceedings in appropriate circumstances? If so, what are those circumstances? 52 29. Does the Austrian civil justice system allow for the consolidation of different sets of proceedings? 53 30. Does Austrian civil procedure law provide for bifurcated proceedings? 54 Evidence 55 31. What are the basic rules of evidence in civil proceedings in Austria? 55 32. What types of evidence are admissible, which ones are not? 57 33. Are there special rules on expert evidence? 58 34. Are there any particular rules regarding the calling of witnesses of fact or the making of witness statements? 60 35. What rules apply with regard to the taking of evidence abroad and the summoning and hearing of witnesses from foreign countries? 62 36. What is the courts' role in the parties' provision of evidence? 63 Disclosure and Privilege 64 37. What are the basic rules of disclosure in civil proceedings in Austria? 64 38. What are the basic rules with respect to disclosure by third parties? 66 39. What is the courts' role in disclosure in civil proceedings in Austria? 67 40. What are the rules on privilege in civil proceedings in Austria? 67 Duties and Powers of the Courts 69 41. Is there any particular case allocation system before the civil courts in Austria? 69 42. Do civil courts in Austria have any particular case management powers? 70 43. How can the parties infl uence the conduct of the proceedingsand are there any cost implications? 71 44. What sanctions are the courts empowered to impose on a party that disobeys their orders or directions? 73 45. Do civil courts in Austria have the power to strike out part of a statement of claim? 74 46. Do civil courts in Austria have any powers to discontinue or stay the proceedings? 75 Decisions of the Courts 77 47. What different types of decisions are civil courts in Austria empowered to issue and in what circumstances? 77 48. Can civil courts in Austria enter summary judgments? 79 49. What powers do Austrian civil courts have to make rulings on damages, interest, and the costs of the litigation? 79 50. What are the rules of appeal against judgments of Austrian civil courts? 80 Enforcement 87 51. How can domestic judgments be enforced in Austria? 87 52. How can foreign judgments be enforced in Austria? 93 Simplifi ed and Accelerated Proceedings 96 53. Summary proceedings for orders to pay debts 96 54. European Small Claims Procedure 100 Glossary 103 English - German 103 German - English 112 Bibliography 121 Index 123