Interpretation of arbitration agreements
PhD student: Mrs K. Plavec
Promotor: Prof P. Oberhammer
Duration: 1/11/2014 - 31/10/2018
PhD defence: Wenen, 30/6/2020
This PhD thesis examines the particularities arising from the interpretation of arbitration agreements, in particular of so-called \'pathological arbitration agreements\'. After a short part on the legal nature of the arbitration agreement, the first part of the thesis is dedicated to the question of the law applicable to the arbitration agreement. The second and main part of the thesis will then discuss issues of interpretation, especially the particularities of interpreting arbitration agreements as compared to the interpretation of regular contracts. The starting point will be Austrian law, however, international conventions as well as case law and literature from other jurisdictions such as Germany, Switzerland and France, will also be taken into account.