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13 September 2022 - Global Arbitration Review announced that Nikolaus Pitkowitz of Austrian boutique Pitkowitz & Partners has taken over as president of the Vienna International Arbitration Centre from Günther Horvath. ....
Two lower court decisions have confirmed tenants right to claim a COVID-19-related rent reduction in general. However, both decisions must be read carefully and leave many questions unanswered, particularly in cases where shops made or could have made limited use of their premises during the national lockdowns by offering online delivery or click and collect services. In addition, state aid may affect rent reductions. This uncertainty has led to many mutual agreements in the market. Lockdowns Since the start of the COVID-19 pandemic, there have been three lockdowns in Austria. During each of these periods, the customer area of shops had to be closed to the public, except for certain essential retail stores (ie grocery stores and pharmacies).(1) Restaurants could offer takeaway and delivery services only (subject to certain restrictions) and hotels were shut subject to certain exceptions (eg, persons who were staying at the hotel at the start of the lockdown could remain ....
Introduction In a decision of 23 July 2020 (Docket 18 ONc 3/20s), the Supreme Court dealt with the challenge of an arbitrator on the grounds that he had rolled his eyes during the pleading of a party s representative. The eye rolling, according to the applicants, downright revealed the arbitrator s bias. Said arbitrator did not explicitly contest the accusation of having rolled his eyes. Nonetheless, he claimed to be able to objectively give a legal assessment of the facts of the case. In this decision, the Supreme Court: confirmed once again that strict standards for impartially bias apply; confirmed once again that the reasons for challenging state court judges serve as guidelines for challenging arbitrators; and ....