Vienna International Arbitral Center

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The Vienna International Arbitral Center (VIAC) was founded in 1975 as the international arbitral institution of the Austrian Chamber of Commerce . Its German-language name is International Arbitration Court of the Austrian Chamber of Commerce. As one of the leading European arbitration institutions, VIAC administers arbitration and mediation proceedings (as well as other ADR proceedings). a. Provides procedural rules, supports parties, arbitrators and mediators in carrying out the proceedings, appoints arbitrators or mediators if necessary or decides on applications for rejection against arbitrators.

history

The Chamber of Commerce Act (HKG) 1946 authorized all nine regional chambers to set up permanent arbitration institutions for the settlement of commercial disputes. The relevant arbitration rules were issued in 1949. After Austria began to establish itself as a place of arbitration for East / West trade disputes in the early 1970s, the International Arbitration Court of the Austrian Chamber of Commerce was also created in 1975 as an institution for those disputes in which at least one party was at the time of the conclusion of the arbitration agreement Had its registered office or habitual residence outside of Austria or which involved disputes of an international nature.

Until December 31, 2017, VIAC was only able to administer arbitration proceedings if at least one party was not from Austria or if there was at least an international dispute (this was anchored in the Chamber of Commerce Act). The permanent arbitration tribunals of the economic chambers of the federal states, which had their own arbitration rules, were responsible for purely national cases. This duplication was eliminated in 2018.

Due to the amendment to Section 139 (2) WKG (Federal Law Gazette I No. 103/1998 as amended by Federal Law Gazette I No. 73/2017), VIAC has also been able to administer purely national arbitration proceedings since January 1, 2018. Since July 1, 2018, the administration of all national and international cases has been bundled at VIAC, i. H. the old arbitration tribunals of the regional chambers were dissolved by resolutions and their powers were transferred to VIAC.

At the beginning of July, VIAC was only the second international arbitration institution to receive the status of a "permanent arbitration institution" in the Russian Federation. Until now, only the Hong Kong International Arbitration Center had this status.

Organization (as of 2020)

The secretariat is provided by Secretary General Alice Fremuth-Wolf, LL.M. and her deputy Elisabeth Vanas-Metzler. Both are exempt from instructions in technical matters within the chamber organization. The Secretariat supports and guides the parties and arbitrators in conducting the arbitration proceedings.

The Presidium consists of 15 members, one honorary president and one honorary member. The Presidium appoints a President (Günther J. Horvath, MCJ) and two Vice-Presidents (Nikolaus Pitkowitz MBL-HSG and Franz T. Schwarz) from among its ranks.

The National Advisory Board consists of 21 Austrian arbitration experts who contribute to the promotion and dissemination of arbitration on a national level.

The International Advisory Board consists of 30 international arbitration experts who advise the Presidium.

The Mediation Advisory Board consists of 15 mediation experts who are committed to promoting mediation, especially in Austria, and who regularly exchange and discuss national and international mediation topics.

regulate

The VIAC is responsible for the administration of disputes if the parties have agreed the arbitration rules of the VIAC ("Vienna Rules"), the mediation rules of the VIAC ("Vienna Mediation Rules") or other jurisdiction of the VIAC. Such an agreement can either be part of the contract on the subject of the dispute or it can be concluded after the dispute has arisen.

On January 1, 2018, a new version of the VIAC Arbitration and Mediation Regulations came into force (“Vienna Rules and Vienna Mediation Rules 2018” [WR and WMR]). The version was approved by the WKÖ's Extended Presidium on November 29, 2017. It is applicable to all proceedings that were initiated or are still to be initiated after December 31, 2017.

The VIAC Arbitration and Mediation Rules 2018 now consists of three parts: Arbitration Rules (Part I), Mediation Rules (Part II) and Annexes (Part III). Arbitration rules and mediation rules are equivalent to each other.

See also

literature

Web links