Austrian Polish Twin Conference Warsaw, 17 June 2011 VIAC VIENNA INTERNATIONAL ARBITRAL CENTRE...

Austrian Polish Twin Conference

Warsaw, 17 June 2011

VIAC

VIENNA INTERNATIONAL ARBITRAL CENTRE

Arbitration Landscape in AustriaThe Vienna Rules

Austrian/Polish Twin Conference

Manfred HeiderSecretary General

International Arbitral Centreof the Austrian Federal Economic Chamber



VIAC


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



VIAC


New International Cases 2008: 50New International Cases 2009: 60New International Cases 2010: 68

Total Number of Cases Pending: 71Aggregated Amount in Dispute: EUR 569 Mio.

Cases with Polish Parties: 6Aggregated Amount in Dispute: EUR 10.8 Mio.

Number of Polish Arbitrators: 2



VIAC


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



VIAC


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



VIAC


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



VIAC


Multiparty ProceedingsAdditional 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



VIAC


Multiparty ProceedingsAdditional 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



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Multiparty ProceedingsAdditional Requirements (continued):

3.all parties have agreed upon multiparty proceedings, or4.all Respondents submit to multiparty proceedings and nominate the same arbitrator, or5.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



VIAC


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.)



VIAC


Determination of

• the parties’ costs by Arbitrator(s)• the costs of arbitration by the Secretary General



VIAC


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



VIAC


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



VIAC


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



VIAC


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)



VIAC


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

VIAC


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



VIAC


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 VIAC VIENNA INTERNATIONAL ARBITRAL CENTRE...

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