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Posts tagged #legal certainty

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OGH on Jurisdiction of Ordinary Courts in Arbitration Cases

Procedural Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed, following the prevailing view in legal literature, that a claim for a declaratory judgment on the existence or non-existence of an arbitration agreement is inadmissible...

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OGH Defines ‘Significant Remodelling Measures’

Civil Law 

When a consumer enters into contracts with different businesses for ‘significant remodelling measures’, each agreement is to be assessed separately. Individual contracts do not constitute a ‘substantial remodelling measure’ within the meaning of Sect...

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