USANCEN: LegalNews June 2026/1

Jun 4, 2026

Dear Readers!

In this week's newsletter, we have once again compiled a selection of recent civil and commercial law rulings for you.

The Austrian Supreme Court (OGH) was tasked with clarifying the conditions under which an expert opinion obtained during a construction project is to be regarded as a binding arbitral award.

The OGH also addressed arbitration law in a second case concerning a share purchase agreement involving several sellers. The issue was whether defects in the form or power of attorney of an arbitration clause with regard to individual co-sellers affect the validity of the arbitration agreement with regard to the remaining parties, and thus whether the state courts were competent to decide the matter.

In insurance law, a distinction was drawn by the OGH between insured damage and an uninsured defect in performance under construction insurance.

And last but not least, we present a report on a ruling by the OGH regarding the termination of a unit-linked life insurance policy accompanied by a capital guarantee.

We hope you find the articles interesting and look forward to receiving your feedback at usancen@lawthek.eu.

Kind regards,

The Editorial Team

Civil Law

OGH on Property Damage and Contamination

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with evaluating the differentiation between insured property damage and an uninsured construction defect within the context of construction insurance. This matter originate...

(4. Juni 2026)

Civil Law

OGH on Arbitration Clauses in Multi-Party Agreements

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently examined the effect of formal deficiencies or defects in the power of attorney associated with an arbitration agreement, specifically regarding how such issues impact ind...

(4. Juni 2026)

Civil Law

OGH: When Are Expert Reports Binding?

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the issue of determining when a pre-litigation expert report should be classified as a binding arbitration report. This matter originated from a disagreement concerning suppl...

(4. Juni 2026)

Civil Law

Cancellation of a Unit-Linked Life Insurance Policy

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) adjudicated the matter concerning the rescission of a life insurance contract. Unit-linked life insurance with a capital guarantee The claimant obtained a unit-linked life insurance p...

(4. Juni 2026)

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USANCEN: LegalNews June 2026/1

OGH on Property Damage and Contamination

OGH on Arbitration Clauses in Multi-Party Agreements

OGH: When Are Expert Reports Binding?

Cancellation of a Unit-Linked Life Insurance Policy

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