Florian Haugeneder starred in the latest episode of Arbitration World with Declan Gallivan (K&L Gates) and shared his insights on topical Austrian cases: how a spelling error made its way to the Austrian Supreme Court. Listen now: https://www.klgates.com/Arbitration-World-A-Spelling-Error-in-Vienna-9-11-2023
In an M&A dispute, can you stop the target’s subsidiaries from taking measures that threaten to dissipate their assets, thus de-evaluating the parent company? This was a question that was very recently put before the Austrian Supreme Court (6 Ob 142/19d). The Facts The underlying dispute arose after a Brazilian investment company contracted to acquire 100%…
If employees make mistakes, to what extent is the managing director liable for the consequences? Under general principles of Austrian law, if the victim (here: the GmbH) of a culpable act also acted negligently, this will proportionally reduce the damages for which the tortfeasor (here: the managing director) can be held liable. The fall-back rule…