Lex Mundi Global Arbitration Institutions Guide |
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Austria |
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(Europe)
Firm
CERHA HEMPEL Rechtsanwälte GmbH
Contributors
Irene Welser |
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| Name of Arbitral Institution; with abbreviation, if any. | Vienna International Arbitral Centre, ("VIAC") |
| Where is the seat of the Arbitral Institution? | Vienna; |
| Is there an umbrella organization for the Arbitral Institution? | Austrian Federal Economic Chamber |
| How is the Arbitral Institution structured? | Board, International Advisory Board, Secretary General and Secretariat |
| Is there a compulsory list of arbitrators that parties are required to choose from? | No. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | Yes; default place of Arbitration is Vienna |
| What is the amount of the registration fee? | € 500 - 1.500 |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | € 42.000 |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | € 232.000 |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | € 555.000 |
| Who pays advances on costs? What happens in the event of default? | Each party pays half according to Art 42. In event of default the other party has to pay full; possibility of arbitral tribunal to render a partial award on reimbursement of the amount paid for the other party according to Art 42 (4). |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | No. |
| Which languages can be used for communication with the Arbitral Institution? | English, German |
| Who is the main point of contact for the parties within the Arbitral Institution? | Secretary General |
| Are there restrictions on the language that the arbitration may be conducted in? | No. |
| Who appoints substitute arbitrators? | Board |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | Yes, Art 14, Art 15 |
| Are oral hearings compulsory? | No. |
| What are common evidence-taking practices? | At the discretion (Art 28) of the Tribunal; generally, IBA Rules on the Taking of Evidence are used as a guideline |
| What is the average duration of arbitration proceedings? | 1 year |
| What is the timeframe for rendering the award? | No formal time frame, usually six months, the possibility of the Secretary-General to take into account the efficiency of the conduct of the proceedings when determining the Arbitrators' cost according to Art 44 (7). |
| Are extensions to time limits permissible? | Yes. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | Yes; Yes |
| Do the institutional rules provide for an emergency arbitrator? | No. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | Yes, Art 45: six months (can be extended). |
| Are arbitral awards submitted for scrutiny? If so, to whom? | No, informal scrutiny by Secretary General. |
| Do costs necessarily follow the event? | No, the discretion of the Tribunal according to Art 38. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Yes, according to Art 611 ZPO (=ACCP); Yes. |
| Link to institutional rules | |
| Link to model clause |
Lex Mundi Global Arbitration Institutions Guide
Vienna International Arbitral Centre, ("VIAC")
Vienna;
A-1045 Vienna
Wiedner Hauptstraße 63
Austrian Federal Economic Chamber
Board, International Advisory Board, Secretary General and Secretariat
No.
Yes; default place of Arbitration is Vienna
€ 500 - 1.500
€ 42.000
€ 232.000
€ 555.000
Each party pays half according to Art 42. In event of default the other party has to pay full; possibility of arbitral tribunal to render a partial award on reimbursement of the amount paid for the other party according to Art 42 (4).
No.
English, German
Secretary General
No.
Board
Yes, Art 14, Art 15
No.
At the discretion (Art 28) of the Tribunal; generally, IBA Rules on the Taking of Evidence are used as a guideline
1 year
No formal time frame, usually six months, the possibility of the Secretary-General to take into account the efficiency of the conduct of the proceedings when determining the Arbitrators' cost according to Art 44 (7).
Yes.
Yes; Yes
No.
Yes, Art 45: six months (can be extended).
No, informal scrutiny by Secretary General.
No, the discretion of the Tribunal according to Art 38.
Yes, according to Art 611 ZPO (=ACCP); Yes.