The Vienna International Arbitral Centre serves as the principal arbitration court in Austria. Companies in Austria that want to settle disputes via arbitration can include a special clause in the agreements they conclude and can contact an arbitrator with the help of one of our arbitration lawyers in Austria.
The Vienna Arbitral Centre
The Vienna International Arbitral Centre (VIAC) hears cases from around the world and bases its judgments on the Austrian Arbitration Act, as included in the Austrian Code of Civil Procedure. Companies in all business sectors can use arbitration as a manner of settling their dispute, with the help of our arbitration lawyers in Austria. Examples include the following sectors, when it comes to arbitration in Vienna:
- business services,
- share purchase,
Apart from the Vienna International Arbitral Centre, the International Chamber of Commerce also settles commercial disputes according to its arbitration rules. The arbitral proceedings in Austria follow a set of provisions:
- the arbitrators are impartial and independent,
- an uneven number of arbitrators judge each case (in most cases one or in larger disputes, three),
- each party has the right to fair and equal treatment and the Arbitral Court establishes what will and will not be considered evidence.
One of our arbitration lawyers in Austria can give you complete information on how to conclude an arbitration agreement as well as the conduct of the arbitral proceedings in Austria. You can talk to us about arbitration in Vienna.
Arbitration in Vienna and new regulations
VIAC is the Vienna International Arbitration Center which administers a series of legal dispute proceedings. The regulation has been revised recently, and among these, we mention:
- VIAC can now dedicate itself to internal cases and offers procedural efficiency.
- The new rules now specify that arbitrators, parties, and their representatives can manage disputes in a more cost-effective and efficient manner.
- Respondents now have the opportunity to request a guarantee for costs. This implies a lower registration and administration fee for proceedings with smaller amounts in dispute. However, the tariffs for litigations with higher values are increasing.
- There is more emphasis on transparency. This involves information about the status of the dispute, whether the arbitrator is still handling the dispute or whether he/she has been replaced.
Our experts can provide you with information and support regarding immigration to Austria. The relocation process is quite simple, especially for citizens of the European Union. Things change if you come from non-EU countries because you will need a work permit if you have accepted a job in this country. Regardless of the country of origin, the residence permit will be necessary if you intend to live in Austria for more than 3 months.
How is the arbitration procedure made in Austria?
Here are a few steps implicated in the arbitration in Austria:
- The arbitration process begins with filing a statement claim, with information about the dispute and other relevant facts.
- A defendant responds to the request for arbitration by submitting a response specifying the relevant facts and defenses available in the statement of claim.
- The arbitrator is chosen, and the parties involved receive a list of potential arbitrators. Then, the selected panel to hear the case is presented.
- A prehearing conference will take place between arbitrators and parties involved in a dispute. This can be done by phone or video conference.
- Both the arbitrators and the parties who want to mediate the conflict through arbitration will be present at the hearings. Documents, evidence, and arguments will be presented to support the case.
- Decisions and awards are next. The terms of the mediation of the conflict are established after the arbitrators have analyzed the case and made a decision. This is communicated to the parties involved in the arbitration.
Our arbitration lawyers in Austria can tell you more about settling disputes amicably through arbitration in Austria, and can represent you in court. Talk to us about arbitration in Vienna and the new rules imposed.
The rights of the parties involved in the arbitration
If the arbitrators are to be impartial and independent, the parties involved in the proceedings must be represented by arbitration lawyers in Vienna, be heard and notified by prehearing and hearings. They must also have access to the documents provided by one of the parties involved in the arbitration process.
The arbitration agreement in Austria
For an arbitration agreement to be enforceable, certain conditions must be met, including:
- The parties involved in the dispute must be identified.
- The willingness of the parties to submit to arbitration disputes must be expressed in writing.
- The agreement must refer to a specified legal report, also in writing.
- Letters, e-mails, or other forms of communication may be exchanged to provide “proof of the agreement”.
- An arbitration agreement may be contained in a separate document. It is also accepted as a clause in the main contract of the parties involved in the arbitration.
Here are some interesting statistics about arbitration in Austria:
- Of the total number of arbitration cases in 2020, 32% involved commercial contracts.
- About 26% of business ownership disputes were registered in Austria in 2020.
- Wholesale and retail accounted for 13% of all arbitration cases in Austria in 2020.
You may contact our arbitration law firm in Austria for detailed information.
Transparency of arbitration court in Austria
With an emphasis on transparency, the VIAC made public a list with names and countries of residence of arbitrators in varied arbitration and mediation procedures. The same list includes the status of a dispute and if the arbitrator continues to conduct the case or has been replaced, without detailing the reasons for their replacement. Moreover, VIAC provided information about the appointment of arbitrators in various cases. All this information is meant to provide more transparency in mediation and arbitration cases in Austria.
Are there cases of disputes that cannot be arbitrated in Austria?
There is a limited number of disputes that can be declared non-arbitrable, according to the law. In this case, we mention family disputes, those related to the field of work, social security, housing, etc. We remind you that disputes involving companies and economic activities can be resolved with arbitration in Vienna. You can learn more about arbitration in Austria from our local specialists.
On the other hand, if you are interested in residency in Austria, you have at your disposal specialized legal services. Our experts can take care of the formalities and guide you through the steps to be able to benefit from a correct relocation and obtain the desired residence permit, in order to be able to live in this country in full legality.
What is a separate arbitration agreement?
An arbitration agreement can be a separate document, but it can also be a clause in the parties’ primary contract. An arbitration clause can be integrated into a contract only by citation.
This is normally executable if it is known that the parties envisioned wanted this to be found in the contract. On the other hand, this is especially appropriate for arbitration sections enclosed in the general terms and conditions relating to an agreement.
Reasons to choose Austria for arbitration
Austria is one of the most reputable arbitration centers in the world and is appreciated for the fairness offered. Here are some of the reasons why you should choose arbitration in Vienna, specifying that you can talk to one of our specialists at the arbitration law firm in Austria:
- Austria is guided by the UNCITRAL Law, an arbitration-friendly legislation, without negotiating fundamental practical upholds.
- One of the prominent international arbitration associations is The International Arbitral Centre of the Austrian Federal Economic Chamber or VIAC. This institution approaches advanced expertise designed to the given needs of clients implicated in local and international disagreements.
- The Vienna Rules 2018 are applicable for arbitration in Austria. Such a set of regulations comprises a modern way of settling arbitration rules that display best international practice values.
- The Austrian legal structure is appropriately undertaken and acknowledged. As such, every year, the Austrian Yearbook on International Arbitration delivers a set of articles on international arbitration by foremost academics and experts.
We strongly recommend the services offered by our arbitration law firm in Austria. Our specialists can provide you with more details about arbitration in Vienna and the procedures involved.
You can contact our law firm in Austria for complete information on how to handle commercial disputes and for an evaluation of your case. One of our arbitration lawyers in Austria will be able to help you decide if arbitration is a preferred dispute resolution method.