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VIAC VIENNA INTERNATIONAL ARBITRAL CENTRE. Arbitration Landscape in Austria The Vienna Rules Austrian/Polish Twin Conference Manfred Heider Secretary General International Arbitral Centre of the Austrian Federal Economic Chamber. VIAC VIENNA INTERNATIONAL ARBITRAL CENTRE.

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VIAC VIENNA INTERNATIONAL ARBITRAL CENTRE

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Viac vienna international arbitral centre

VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

Arbitration Landscape in Austria

The Vienna Rules

Austrian/Polish Twin Conference

Manfred Heider

Secretary General

International Arbitral Centre

of the Austrian Federal Economic Chamber

Austrian Polish Twin Conference

Warsaw, 17 June 2011


Viac vienna international arbitral centre1

VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

International Arbitral Centre of the Austrian Federal Economic Chamber

Established 1975

Arbitration Rules amended in 2006

Administration of international cases only

Also: Appointing Authority in UNCITRAL Arbitration Proceedings and Administration of Conciliation Proceedings

Austrian Polish Twin Conference

Warsaw, 17 June 2011

0


Viac vienna international arbitral centre2

VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

New International Cases 2008: 50

New International Cases 2009: 60

New International Cases 2010: 68

Total Number of Cases Pending: 71

Aggregated Amount in Dispute: EUR 569 Mio.

Cases with Polish Parties: 6

Aggregated Amount in Dispute: EUR 10.8 Mio.

Number of Polish Arbitrators: 2

Austrian Polish Twin Conference

Warsaw, 17 June 2011


Viac vienna international arbitral centre3

VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

15 March 1988:

Trilateral Agreement concluded between

Polish Chamber of Foreign Trade

American Arbitration Association

Austrian Federal Economic Chamber

Recommendation to use Austria as venue of arbitration for disputes between Polish parties and parties from the United States of America

Recommendation to use the services offered by the Board of VIAC

Austrian Polish Twin Conference

Warsaw, 17 June 2011


Viac vienna international arbitral centre4

VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

VIAC’s Jurisdiction

At least one party shall have its residence or place of business

outside of Austria, or

Dispute must be “of international character”

Domestic partners and dispute without “international character”:

Jurisdiction of the Permanent Arbitral Tribunal of the Vienna

Economic Chamber or of the regional chamber of the agreed

venue of arbitration (if any)

Conduct of the proceedings in accordance with the rules of

the Permanent Arbitral Tribunals of the regional chambers

Austrian Polish Twin Conference

Warsaw, 17 June 2011


Viac vienna international arbitral centre5

VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

Multiparty Proceedings

Claim of one or more Claimants against two or more Respondents

Basic requirements:

VIAC’s jurisdiction for all parties

• Joint nomination of an arbitrator by all Claimants

Austrian Polish Twin Conference

Warsaw, 17 June 2011


Viac vienna international arbitral centre6

VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

Multiparty Proceedings

Additional Requirements (alternatively):

The claim is to be directed against several persons

according to substantive law (uniform joinder of

parties):

Example: Claim for termination of joint ownership

uniform decision against all Respondents

or

Austrian Polish Twin Conference

Warsaw, 17 June 2011


Viac vienna international arbitral centre7

VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

Multiparty Proceedings

Additional Requirements (continued):

all Respondents are by the applicable substantive law

in legal accord or are bound by the same facts or are joint and severally bound

different decisions possible

or

Austrian Polish Twin Conference

Warsaw, 17 June 2011


Viac vienna international arbitral centre8

VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

Multiparty Proceedings

Additional Requirements (continued):

all parties have agreed upon multiparty proceedings,

or

all Respondents submit to multiparty proceedings and nominate the same arbitrator, or

one or more Respondents do not comment on whether a sole arbitrator or an arbitral tribunal shall decide the case, or

one or more Respondents do not nominate an arbitrator

Austrian Polish Twin Conference

Warsaw, 17 June 2011


Viac vienna international arbitral centre9

VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

Procedural costs are

Costs of arbitration

• Administrative charges

• Arbitrators’ fees (plus V.A.T.)

• Cash outlays (Arbitrators’ travel expenses, court

room rents, “simple” minuting, photocopies, etc.)

Parties’ Costs

• Expenses of parties (cash outlays, lawyers’ fees)

• Other procedural expenses (for experts,

translations, verbatim protocols, etc.)

Austrian Polish Twin Conference

Warsaw, 17 June 2011


Viac vienna international arbitral centre10

VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

Determination of

the parties’ costs by Arbitrator(s)

the costs of arbitration by the Secretary General

Austrian Polish Twin Conference

Warsaw, 17 June 2011


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VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

Registration Fee:

Registration fee to be paid by Claimant

Registration fee covers the Secretariat’s costs until

files are transmitted to arbitrator(s)

Joint party supplement of 10% for each additional

party

• No refund of registration fee

Claim will be treated only after the registration fee is

fully paid

Austrian Polish Twin Conference

Warsaw, 17 June 2011


Viac vienna international arbitral centre12

VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

Money Deposit:

Deposit against costs of arbitration fixed by Secretariat

Payable by parties in equal shares

Registration fee to be deducted from Claimant’s share

No further treatment of the claim, if Claimant fails to pay its share

• Claimant will be charged with Respondent’s share, if

Respondent fails to pay its share

• No further treatment of the claim, if Claimant fails to pay Respondent’s share

Same procedure when deposit shall be increased

Austrian Polish Twin Conference

Warsaw, 17 June 2011


Viac vienna international arbitral centre13

VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

Calculation of the costs of arbitration

Fee schedule (based upon the amount in dispute)

Joint party supplement of 10% for each additional

party

Separate calculation of costs for individual

(unrelated) claims admissible

Reductions of the amount in dispute shall be cost-

effective only before transmission of files to

arbitrator(s)

Cash outlays shall be determined according to the

actual expenditure

Austrian Polish Twin Conference

Warsaw, 17 June 2011


Viac vienna international arbitral centre14

VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

Other procedural costs (experts, interpreters, etc.):

Money Deposits fixed by arbitrator(s)

Performance of procedural measures only after

payment of deposits

In default with payment: the arbitrator(s) shall decide

on the consequences (i.e. non-performance of

procedural steps)

Austrian Polish Twin Conference

Warsaw, 17 June 2011


Viac vienna international arbitral centre15

VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

Determination and allocation of costs:

Determination of costs in the award (costs of

arbitration and parties’ costs such as costs of legal

representation)

Allocation of costs: Losing party shall reimburse the

winning arty its costs; Costs may be split between

parties

Austrian Polish Twin Conference

Warsaw, 17 June 2011


Viac vienna international arbitral centre16

VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

Parties:

  • Austria: 34

  • Czech Republic 15

  • Germany: 13

  • Poland: 11

  • Croatia: 7

  • Italy: 7

  • Slovak Republic: 7

  • United States: 7

  • Hungary: 6

  • Romania: 6

  • 1 each from: P.R. of China, Belgium, Estonia, Iceland

  • United Kingdom: 6

  • Russia: 5

  • Bulgaria: 4

  • Cyprus: 3

  • France: 3

  • Switzerland: 3

  • Liechtenstein: 2

  • Serbia: 2

  • Turkey: 2

  • Ukraine: 2

    Japan, Monaco, Netherlands, Slovenia, Spain and Sweden

Austrian Polish Twin Conference

Warsaw, 17 June 2011


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VIACVIENNA INTERNATIONAL ARBITRAL CENTRE

Arbitrators:

  • Austria:68

  • Germany: 8

  • Switzerland: 7

  • Slovak Republic: 5

  • United Kingdom: 5

  • Czech Republic: 4

  • France: 3

  • Slovenia: 3

  • Italy: 2

One arbitrator each from:

Croatia, Hungary, Poland, Sweden and the United States

Austrian Polish Twin Conference

Warsaw, 17 June 2011


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