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Arbitration Court in Austria

Updated on Monday 11th July 2022

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Arbitration-Court-in-Austria.jpgThe Vienna International Arbitral Centre serves as the principal arbitration court in Austria. The country has a reputation for being one of the most established commercial arbitration centers in the EU and it has had an important role as a neutral location for the resolution of specific disputes. 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 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:
 
  • trade,
  • finance,
  • business services,
  • share purchase,
  • construction.
 
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:
 
  1. VIAC can now dedicate itself to internal cases and offers procedural efficiency.
  2. The new rules now specify that arbitrators, parties, and their representatives can manage disputes in a more cost-effective and efficient manner.
  3. 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.
  4. 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.
 

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.

 

Reasons to consider settling disputes through arbitration

 
Arbitration in Vienna is an alternative dispute resolution method commonly used by individuals or legal entities that do not wish to choose litigation. A panel of arbitrators submits the judgment and the final decision can be enforced in the same manner as a court judgment would be
 
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.