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
Austrian Polish Twin Conference
Warsaw, 17 June 2011
VIAC
VIENNA 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
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VIAC
VIENNA 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 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 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 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 CENTRE
Multiparty Proceedings
Additional Requirements (alternatively):
1. 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 CENTRE
Multiparty Proceedings
Additional Requirements (continued):
2. 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 CENTRE
Multiparty Proceedings
Additional Requirements (continued):
3. all parties have agreed upon multiparty proceedings,
or
4. all Respondents submit to multiparty proceedings and
nominate the same arbitrator, or
5. one or more Respondents do not comment on
whether a sole arbitrator or an arbitral tribunal shall
decide the case, or
6. one or more Respondents do not nominate an
arbitrator
Austrian Polish Twin Conference
Warsaw, 17 June 2011
VIAC
VIENNA 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 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
VIAC
VIENNA 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 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 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 costeffective 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 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 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 CENTRE
Parties:
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•
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Austria:
Czech Republic
Germany:
Poland:
Croatia:
Italy :
Slovak Republic:
United States:
7
• Hungary:
• Romania:
34
15
13
11
7
7
7
6
6
• 1 each from: P.R. of China,
Belgium, Estonia, Iceland
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•
•
•
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United Kingdom:
Russia:
Bulgaria:
Cyprus:
France:
Switzerland:
Liechtenstein:
2
• Serbia:
• Turkey:
• Ukraine:
6
5
4
3
3
3
2
2
2
Japan, Monaco, Netherlands,
Slovenia, Spain and Sweden
Austrian Polish Twin Conference
Warsaw, 17 June 2011
VIAC
VIENNA INTERNATIONAL ARBITRAL CENTRE
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•
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•
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