INTERNATIONAL ARBITRAL CENTRE
OF THE AUSTRIAN FEDERAL ECONOMIC CHAMBER
(Vienna International Arbitral Centre, VIAC)
RULES OF ARBITRATION
AND CONCILIATION
(Vienna Rules)
Adopted by the Extended Board of the
Austrian Federal Economic Chamber
on 3 May 2006, with effect from 1 July 2006
International Arbitral Centre
of the Austrian Federal Economic Chamber
A-1045 Vienna, Wiedner Hauptstraße 63
Telephone: +43 (0)5 90 900-4397, 4398, 4399
Fax +43 (05) 90 900-216
E-mail: arb@wko.at
http://wko.at/arbitration
RECOMMENDED ARBITRATION CLAUSE
"All disputes arising out of this contract or related to its
violation, termination or nullity shall be finally settled under the
Rules of Arbitration and Conciliation of the International Arbitral
Centre of the Austrian Federal Economic Chamber in Vienna (Vienna
Rules) by one or more arbitrators appointed in accordance with these
Rules."
Appropriate supplementary provisions:
(a) The number of arbitrators shall be ........ (one or three);
(b) The substantive law of .............. shall be applicable;*)
(c) The language to be used in the arbitral proceedings shall
be .................... .
*) In this context, consideration may be given to the possible
application of the United Nations Convention on Contracts for
the International Sale of Goods, 1980.
RULES OF ARBITRATION *)
*) Translation from the German original, which is the authentic text.
GENERAL PROVISIONS
The Institution
Article 1
1 The International Arbitral Centre of the Austrian Federal Economic Chamber in
Vienna (the Vienna International Arbitral Centre - "the Centre") shall make
arrangements for the settlement by arbitration of disputes in which not all
contracting parties that concluded the arbitration agreement had their place of
business or their normal residence in Austria at the time of conclusion of that
agreement.
The jurisdiction of the Centre can also be agreed by parties whose place of
business or normal residence is in Austria for the settlement of disputes of an
international character.
2 If the parties have agreed to the jurisdiction of the Centre, these arbitration
rules ("Vienna Rules") shall thereby apply in the version valid at the time of
commencement of the proceedings.
3 If parties which had their place of business or normal residence in Austria at
the time of conclusion of the arbitration agreement have agreed that their
disputes should be finally settled by a sole arbitrator or an arbitral tribunal to
be appointed according to the Vienna Rules, and if the dispute is not
international in character, the Permanent Arbitral Tribunal of the Vienna
Economic Chamber, or, if another venue in Austria has been agreed, of the
regional economic chamber in whose territorial jurisdiction the agreed venue is
situated, shall be competent to make arrangements for settlement by
arbitration. The latter tribunal shall conduct the proceedings in accordance
with the rules of arbitration for the Permanent Arbitral Tribunals of the
regional economic chambers.
Article 2
Unless the parties have agreed otherwise
(a) the place of arbitration shall be Vienna
(b) the sole arbitrator (arbitral tribunal) may conduct procedural acts at any
place where he deems appropriate.
The arbitral tribunal may in any case meet at any place to consult in any
way.
Organization
The Board
Article 3
1 The Board of the Centre shall have at least five members. They shall be
appointed for a period of office of five years by the Extended Board of the
Austrian Federal Economic Chamber by recommendation of the President of
the Centre and can be reappointed. If there is no new appointment by the time
of the expiration of a period of office, the members of the Board shall remain
in office until a new Board is appointed. If a member of the Board is
permanently incapacitated during his period of office (for instance, by
resignation or death), a substitute member can be appointed for the remainder
of the period of office of the serving Board.
2 The members of the Board shall elect one of their number to act as President
for the duration of their term of office. Where the President is prevented, the
member who is oldest by age shall take over his tasks.
3 The meetings of the Board are convened by the President, and presided over
by the President or in his absence, by the most senior member by age present
who is eligible to vote. The Board can validly take decisions if more than half
of its members are present. It shall take decisions by a simple majority of the
members present who are eligible to vote (see paragraph 4). In the event of a
tie in voting, the Chairman shall have a casting vote.
4 Members of the Board who are parties to particular arbitration proceedings in
any capacity whatsoever shall be excluded from decisions pertaining to those
proceedings, however they are to be counted for the presence quorum.
5 Decisions may be made by correspondence. In this case the President shall
submit a written proposal to the members and shall set a time limit for voting
by correspondence. Paragraph 3, sub-sections 3. and 4. shall apply accordingly.
Each member has the right to request a meeting regarding the written
proposal.
6 The members of the Board must perform their duties to the best of their
ability; they are independent and are not subject to any directives in that
respect. They are bound to secrecy on all matters coming to their notice in the
course of their duties.
International Advisory Board
Article 4
The International Advisory Board consists of international arbitration experts who
may be invited by the respective Board of the Centre for the duration of its period
of office. Its purpose is to discuss factual issues of immediate interest.
The Secretary General
Article 5
1 The Secretary General of the Centre shall be appointed by the Extended Board
of the Austrian Federal Economic Chamber for a period of office of five years
by recommendation of the Board of the Arbitral Centre; he can be
reappointed. The third sentence of Article 3 paragraph 1, shall apply by
analogy.
2 The Secretary General shall direct the activities of the Secretariat and shall
perform the administrative tasks of the Centre insofar as they are not reserved
to the Board of the Centre.
3 The Secretary General must perform his duties to the best of his ability and is
not subject to any directives in that respect. He is bound to secrecy on all
matters coming to his notice in the course of his duties.
4 If the Secretary General is unable to perform his duties or if he is permanently
incapacitated, a member of the Board of the Centre, appointed by that Board,
shall perform the relevant functions until a Secretary General is appointed.
Languages of correspondence
Article 6
Correspondence by the Parties with the Board and the Secretary General shall
be conducted in German or English.
Arbitrators
Article 7
1 The parties shall be free to appoint the arbitrators. Any person having legal
capacity - irrespective of nationality - may be an arbitrator, provided the
parties have not agreed upon any special additional qualification requirements.
2 The requirements for the appointment as arbitrator are:
a) A written statement as to his impartiality and independence in accordance
with paragraph 5. The Secretary General shall transmit to the parties a copy
of the form in which the sole arbitrator (all members of the arbitral
tribunal) has (have) confirmed his (its) impartiality and independence.
b) A written statement to submit to these Rules of Arbitration including to the
provisions on the costs of the proceedings.
3 A member of the Board may act only as Chairman of an arbitral tribunal or sole
arbitrator.
4 The arbitrators must perform their duties in complete independence and
impartiality, to the best of their ability, and are not subject to any directives in
that respect. They are bound to secrecy in respect of all matters coming to
their notice in the course of their duties.
5 When a person is approached in connection with his possible appointment as
arbitrator, he shall disclose any circumstances likely to give rise to doubts as to
his impartiality or independence or that are in conflict with the agreement of
the parties. An arbitrator, from the time of his appointment and throughout
the arbitral proceedings, shall without delay disclose any such circumstances to
the parties unless they have already been informed of them by him.
Liability
Article 8
Liability of the arbitrators, the Secretary General, the Board and its members and
the Austrian Federal Economic Chamber and its employees for any act or omission
in relation to arbitration proceedings, insofar as such liability may be admissible by
law, shall be excluded.
ARBITRAL PROCEEDINGS
Commencement of the Proceedings
Article 9
1 Arbitral proceedings are commenced when a statement of claims is filed with
the Secretariat. The proceedings become pending on receipt of the statement
of claims by the Secretariat.
2 One copy of the statement of claims together with enclosures must be
submitted for each Respondent, each arbitrator and the Secretariat.
3 The statement of claims must include:
a) The designation of the parties and their addresses;
b) A specific statement of claims and the particulars and supporting
documents on which the claims are based;
c) The amount in dispute at the time of submission of the statement of
claims, unless the claims are not related exclusively to a specific sum of
money;
d) Particulars regarding the number of arbitrators in accordance with Article
14;
e) If a decision by three arbitrators is requested, the nomination of an
arbitrator and the address of that person.
4 A copy of the agreement specifying the jurisdiction of the Arbitral Centre must
be attached to the statement of claims.
5 If the statement of claims does not comply with the provisions of paragraph 3
of the present Article or if copies of documents or enclosures are missing, the
Secretary General shall request the Claimant to remedy the defect or to submit
the necessary documents or enclosures. The Claimant is to be informed that
until the defects have been remedied, the claim shall not be processed.
6 The Board can refuse to carry out proceedings if the parties have designated
the International Arbitral Centre of the Austrian Federal Economic Chamber in
the arbitration agreement but have made agreements that deviate from the
Vienna Rules.
Memorandum in Reply
Article 10
1 If the claim is not to be dealt with under Article 9 paragraphs 5 and 6, the
Secretary General shall make service to the Respondent of the statement of
claims and one copy each of the rules of arbitration and shall invite the
Respondent to submit a memorandum in reply within a period of thirty days, in
the number of copies required under Article 9 paragraph 2.
2 The memorandum in reply must include:
a) A reply to the pleadings in the statement of claims;
b) Particulars regarding the number of arbitrators in accordance with Article
14;
c) Indication of the name and address of an arbitrator, if a decision by an
arbitral tribunal is requested or if a decision by three arbitrators has been
agreed upon in the arbitration agreement.
Counter-claims
Article 11
1 Claims by the Respondent against the Claimant that are based on an arbitration
agreement which constitutes the jurisdiction of the International Arbitral
Centre of the Austrian Federal Economic Chamber can be raised as counterclaims
up to the time of closure of the evidentiary proceedings.
2 Counter-claims must be submitted to the Secretariat of the Centre and must be
forwarded by the latter to the sole arbitrator (arbitral tribunal) for further
action after the deposit against costs has been paid.
3 If the claim designated as a counter-claim is not based on an arbitration
agreement which constitutes the jurisdiction of the International Arbitral
Centre of the Austrian Federal Economic Chamber, if the parties are not
identical, or if the submission of a counter-claim after transmission of the files
to the sole arbitrator (arbitral tribunal) would lead to a substantial delay in the
main proceedings, the sole arbitrator (arbitral tribunal) must return the claim
to the Secretariat to be dealt with in separate proceedings.
4 The sole arbitrator (arbitral tribunal) must give the Counter-Respondent
to an admissible counter-claim the opportunity to submit a memorandum
in reply in writing and must set a time-limit for that purpose.
Transmitting of the file to the sole arbitrator (arbitral tribunal)
Article 12
The Secretary General shall transmit the files to the sole arbitrator (arbitral
tribunal) as soon as a statement of claims (counter-claim) has been received in due
form, the sole arbitrator (all members of the arbitral tribunal) has (have)
confirmed acceptance of the mandate and his (its) objectivity, using a form issued
by the Centre (Article 7 paragraph 2), and the deposit for costs has been paid
(Article 34). The proceedings before the sole arbitrator (arbitral tribunal) shall
thereby commence.
Time-limits, Service and Communications
Article 13
1 A time-limit shall be deemed to have been observed if the document is
dispatched as provided under paragraph 2 of the present Article on the last day
of the period set. Time-limits can be prolonged by the Secretary General on
sufficient grounds; after the transmission of the files to the sole arbitrator
(arbitral tribunal), the sole arbitrator (arbitral tribunal) shall be competent to
prolong time-limits (except in the cases covered by Article 34 paragraphs 5 and
6).
2 Communications shall be considered as having been validly served if they are
forwarded by registered letter, courier service, telefax or by other means of
communication that guarantee evidence of transmission to the address most
recently notified in writing to the sole arbitrator (arbitral tribunal) by the
addressee as the address for service, or if the document to be served has been
demonstrably transmitted.
3 As soon as a party has appointed a representative, service to the most recently
indicated address of that representative shall be considered as having been made
to the party represented.
Nomination and Appointment of Arbitrators
Article 14
1 The parties can agree that their dispute is to be decided either by a sole
arbitrator or by an arbitral tribunal that shall consist of three arbitrators.
2 When no such agreement has been made and the parties do not agree on the
number of arbitrators, the Board shall determine whether the dispute is to be
decided by a sole arbitrator or by an arbitral tribunal. In that context, the
Board shall take into consideration in particular the difficulty of the case, the
magnitude of the amount in dispute and the interest of the parties in a rapid
and cost-effective decision.
3 The parties shall be notified of the decision of the Board pursuant to paragraph
2 of the present Article; in the event that proceedings before a sole arbitrator
are decided upon, the parties shall be requested to agree on a sole arbitrator
and to indicate that person's name and address within thirty days after service
of the request. If no such indication is made within that period, the sole
arbitrator shall be appointed by the Board.
4 If the dispute is to be decided by an arbitral tribunal, the party that has not yet
nominated an arbitrator shall be requested to indicate the name and address of
an arbitrator within thirty days after service of the request. If the party has not
appointed an arbitrator within that time-limit, the arbitrator shall be
appointed by the Board.
5 If the dispute is to be decided by an arbitral tribunal, the arbitrators
nominated by the parties or appointed by the Board shall be requested to agree
on a Chairman and to indicate his name and address within thirty days after
service of the request. If no such indication is made within that period, the
Chairman shall be appointed by the Board.
6 The parties are bound by their nomination of arbitrators as soon as the identity
of the arbitrator nominated has been made known to the other party.
Multiparty Proceedings
Article 15
1 A claim against two or more Respondents shall be admissible only if the Centre
has jurisdiction for all of the Respondents, and, in the case of proceedings
before an arbitral tribunal, if all Claimants have nominated the same
arbitrator, and:
a) If the applicable law positively provides that the claim is to be directed
against several persons; or
b) If all Respondents are by the applicable law in legal accord or are bound by
the same facts or are joint and severally bound; or
c) If the admissibility of multiparty proceedings has been agreed upon; or
d) If all Respondents submit to multiparty proceedings and, in the case of
proceedings before an arbitral tribunal, all Respondents nominate the same
arbitrator; or
e) If one or more of the Respondents on whom the claim was served fails or
fail to provide the particulars mentioned in Article 10 paragraph 2, b) and c)
within the thirty-day time-limit (Article 10 paragraph 1).
2 Where a claim against a number of Respondents cannot be served on all
Respondents, the arbitral proceedings shall, upon application of the Claimant
(the Claimants), be continued against those Respondents on whom the claim
was served. The claim against those Respondents to which the claim could not
be served shall be subject to separate proceedings.
3 If multiparty proceedings are admissible, the Respondents must agree among
themselves whether they wish to have the dispute decided by one arbitrator or
by three arbitrators, and, if a decision by three arbitrators is desired, must
jointly nominate an arbitrator.
4 In the case covered by paragraph 3 of the present Article, if there is no
agreement among the Respondents concerning the number of arbitrators, the
Respondents shall be requested by the Secretary General to provide evidence
of such agreement within thirty days after service of the request.
5 If no evidence of agreement on the number of arbitrators is presented within
the period mentioned in paragraph 4 of the present article, the Board shall
determine whether the dispute is to be decided by one arbitrator or by an
arbitral tribunal.
6 If the Respondents have agreed that the dispute is to be decided by an arbitral
tribunal, but without nominating an arbitrator, they shall be requested by the
Secretary General to indicate the name and address of an arbitrator within
thirty days after service of the request.
7 If no arbitrator is jointly nominated within the period mentioned in paragraph 6
of the present Article and if the dispute is to be decided by an arbitral tribunal,
the Board shall appoint the arbitrator for the defaulting Respondents.
8 In cases other than those mentioned in paragraph 1 of the present Article, the
consolidation of two or more disputes shall be admissible only if the same
arbitrators have been appointed in all the disputes that are to be consolidated
and if all parties and the sole arbitrator (arbitral tribunal) agree.
9 The decision whether multiparty proceedings, as per paragraph 1 of this
Article, are admissible, shall be taken by the sole arbitrator (the arbitral
tribunal) upon application of one of the Respondents. If the admissibility of
multiparty proceedings is denied, the arbitral proceedings return to the stage
they were in for the Respondents before the sole arbitrator (the arbitral
tribunal) was appointed.
Challenge of Arbitrators
Article 16
1 An arbitrator may be challenged only if circumstances exist that give rise to
justifiable doubts as to his impartiality or independence, or that are in conflict
with the agreement of the parties. A party may challenge an arbitrator
appointed by him, or in whose appointment he participated, only for reasons of
which he becomes aware after the participation in the appointment or after
the appointment has been made.
2 If a party challenges an arbitrator, it must without delay inform the Secretary
General thereof, stating the grounds for the challenge.
3 Should the challenged arbitrator not withdraw from his office, the Board shall
decide upon the challenge on the basis of the particulars in the challenging
motion and the evidence attached thereto. Before the Board makes its
decision, the Secretary General must obtain the comments of the arbitrator
challenged and of the other parties. The Board can also request comments
from other persons.
4 An arbitrator challenged may continue the proceedings, notwithstanding the
challenging motion. However, an award may not be rendered until after the
final and binding decision of the Board.
Early Termination of the Mandate of Arbitrators
Article 17
1. The mandate of an arbitrator terminates when
(a) the parties agree on the termination,
(b) the arbitrator withdraws from office,
(c) a challenging motion is granted,
(d) the arbitrator is removed from his office by the Board.
2. Any party may request the termination of the mandate of an arbitrator if the
latter's incapacitation is not merely temporary, if he otherwise fails to
perform his duties or unduly delays the proceedings. The request must be
submitted to the Secretariat. The Board shall decide upon the request after
hearing the arbitrator in question. If it is clear that incapacitation is not
merely temporary, the Board may terminate the arbitrator's mandate even
without a request from a party.
Consequences of Challenge or Early Termination of Mandate
Article 18
1 If the challenge of an arbitrator has been allowed, if his mandate has been
terminated, if he has resigned his mandate or has died, then,
a) If that arbitrator is a sole arbitrator, the parties ­ or,
b) If that arbitrator is the Chairman, the remaining arbitrators ­ or
c) If that arbitrator has been nominated by a party or has been appointed for
a party, the party that nominated him or for which he was appointed
shall be requested to nominate a new arbitrator within thirty days ­ by mutual
consent in the cases covered by subparagraphs a) and b) of the present
paragraph ­ and to indicate his name and address. If no such indication is
received within that period, the new arbitrator shall be appointed by the
Board. If a new arbitrator nominated has also been successfully challenged, the
right to nominate a new arbitrator shall lapse and the new arbitrator shall be
appointed by the Board.
2 If the challenge of an arbitrator has been allowed, if his mandate has been
terminated, if he has resigned his mandate or has died, the new sole arbitrator
(newly constituted arbitral tribunal) shall determine, after obtaining the
comments of the parties, whether and, if so, to what extent, previous
procedural stages are to be repeated.
Jurisdiction of the Arbitral Tribunal
Article 19
1 A plea that the arbitral tribunal does not have jurisdiction shall be raised not
later than the first pleading in the matter. A party is not precluded from
raising such a plea by the fact that he has appointed, or participated in the
appointment of an arbitrator. A plea that the arbitral tribunal is exceeding
the scope of its authority shall be raised as soon as the matter alleged to be
beyond the scope of its authority is raised during the arbitral proceedings. In
both cases a later plea shall not be permitted; if the arbitral tribunal
however considers the delay justified, the plea can be admitted
.
2 The sole arbitrator (arbitral tribunal) shall rule on its own jurisdiction. The
ruling can be made together with the ruling on the case or by separate
arbitral award.
Conduct of the Proceedings
Article 20
1 In the context of the Vienna Rules and the agreements between the parties,
the sole arbitrator (arbitral tribunal) may conduct the arbitration proceedings
at his (its) absolute discretion; the principle of equal treatment of the parties
shall apply, the right to be heard being ensured at every stage of the
proceedings. However, subject to advance notice, the sole arbitrator (arbitral
tribunal) is entitled to declare that pleadings and the presentation of
documentary evidence shall be admissible only up to a certain stage of the
proceedings.
2 Immediately after transmission of the files to the sole arbitrator (arbitral
tribunal), the latter shall determine the language or languages of the
proceedings, taking into consideration all circumstances, in particular, the
language of the contract. In such matters, he (it) is bound by any agreement
between the parties. The sole arbitrator (arbitral tribunal) can order that a
translation be submitted of all documents that are not drafted in that language
(those languages).
3 The proceedings may be oral or only in writing. Oral hearings shall take place
at the request of one party or if the sole arbitrator (arbitral tribunal) to whom
(which) the case has been referred considers it necessary. In any case, the
parties must be given the opportunity to take note of, and comment on, the
motions and pleadings of the other parties and the result of the evidentiary
proceedings.
4 The date of oral hearings shall be fixed by the sole arbitrator or the Chairman
of the arbitral tribunal. Hearings shall be private. A record of at least the
results of the hearings shall be made, which the sole arbitrator or the Chairman
of the arbitral tribunal shall sign.
5 If the sole arbitrator (arbitral tribunal) considers it necessary, he (it) may on
his (its) own initiative collect evidence, and in particular may question parties
or witnesses, may request the parties to submit documents and visual evidence
and may call in experts. If costs are incurred through the evidentiary
proceedings and in particular through the appointment of experts, the
procedure under Article 35 shall be followed.
6 If one party does not take part in the proceedings, the case must be heard with
the other party alone.
7 If a violation by the sole arbitrator (arbitral tribunal) of a provision of these
arbitration rules or of other provisions applicable to the proceedings comes to
the notice of a party, that party must immediately enter an objection
otherwise the party will be barred from entering an objection against that
defect.
8 The sole arbitrator (arbitral tribunal) must ask the parties whether they have
any further proof to offer, witnesses to be heard or submissions to make. As
soon as the sole arbitrator (arbitral tribunal) is convinced that the parties have
had an adequate opportunity for such purposes, the sole arbitrator (arbitral
tribunal) must declare the proceedings closed.
Challenge of Experts
Article 21
Article 16 shall apply accordingly to the challenging of experts appointed by the
sole arbitrator (arbitral tribunal). However, the sole arbitrator (arbitral tribunal)
shall decide on the challenge.
Interim Measures of Protection
Article 22
1 Unless otherwise agreed by the parties, the sole arbitrator (arbitral tribunal)
may, at the request of a party order any party, after hearing such party, to
take such interim measure of protection as the sole arbitrator (arbitral
tribunal) may consider necessary in respect of the subject matter of the
dispute, as otherwise the enforcement of the claim would be frustrated or
considerably impeded or there is a danger of irreparable harm. The sole
arbitrator (arbitral tribunal) may require any party to provide appropriate
security in connection with such measure. The parties are obliged to comply
with such orders, whether or not they are enforceable by State courts.
2 Measures referred to in paragraph (1) are to be ordered in writing and a signed
copy is to be served on each party. In arbitral proceedings with more than one
arbitrator the signature of the presiding arbitrator or, if he is prevented, the
signature of another arbitrator shall suffice, provided that the presiding
arbitrator or another arbitrator records on the order the reason preventing the
signature.
3 Unless the parties have agreed otherwise, the measures are to be
substantiated. The measure must include the date on when it was ordered and
the place of arbitration. The measure shall be deemed to have been ordered on
that date and at that place.
4 The measures and the records on the serving are joint documents of the parties
and the sole arbitrator (arbitral tribunal). The sole arbitrator (arbitral
tribunal) shall discuss with the parties the possibility of depositing the measure
and the records on the serving.
5 The sole arbitrator (the presiding arbitrator) or, if he is prevented, another
arbitrator, shall upon the motion of a party, confirm the unappealability and
enforceability of the measure on a copy of the measure.
6 This provision does not prevent the parties from applying to any
competent State organ for interim measures of protection. Such an application
to a State organ for ordering such measures or for the enforcement of measures
ordered by the sole arbitrator (arbitral tribunal) shall not constitute an
infringement or waiver of the arbitration agreement and shall not affect the
powers of the sole arbitrator (arbitral tribunal). The Secretariat and the sole
arbitrator (arbitral tribunal) must be immediately informed of any such
application as well as of all measures ordered by the State organ.
Authorized Agents
Article 23
The parties shall have the right to be represented or advised by persons of their
choice in the proceedings before the sole arbitrator (arbitral tribunal).
Applicable Law, Equity
Article 24
1 The sole arbitrator (arbitral tribunal) shall decide the dispute in accordance
with such legislation or rules of law as are chosen by the parties as applicable.
Any choice of law or legal system of a given state shall be construed, unless
otherwise expressed by the parties, as directly referring to the substantive law
of that state and not to its conflict-of-law rules.
2 Failing any designation by the parties, the sole arbitrator (arbitral tribunal)
shall apply the rules of law considered by him (it) as appropriate.
3 The sole arbitrator (arbitral tribunal) may decide on equity only if the parties
have expressly authorized him (it) to do so.
Termination
Article 25
The proceedings are terminated by
a) the rendering of an award,
b) the conclusion of a settlement,
c) an order of the sole arbitrator (arbitral tribunal) where
aa) the claimant withdraws his claim, unless the respondent objects thereto
and the sole arbitrator (arbitral tribunal) recognizes a legitimate interest on
his part in obtaining a final settlement of the dispute;
bb) the parties agree on the termination of the proceedings and communicate
this to the sole arbitrator (arbitral tribunal);
cc) the sole arbitrator (arbitral tribunal) finds that the continuation of the
proceedings has become impossible, in particular when the parties to the
proceedings do not continue the arbitral proceedings despite written
notification from the sole arbitrator (arbitral tribunal), in which it refers to
the possibility of terminating the proceedings.
Decision Making of the Arbitral Tribunal
Article 26
1 Any award or any other decision of the arbitral tribunal shall be made by a
majority of all its members. If no majority of votes is obtained, the presiding
arbitrator shall decide alone.
2 Questions of procedure may be decided by the presiding arbitrator alone if
so authorized by the arbitral tribunal, with reservation to possible
amendments by the arbitral tribunal.
The Award
Article 27
1 Awards shall be drawn up in writing. The grounds upon which the award is
based must be stated, unless all parties, either in the arbitration agreement or
in the oral proceedings, have agreed that no grounds are to be stated.
2 The award shall state the date on which it was made and the place of
arbitration (Article 2).
3 All copies of awards must be signed by the arbitrators. The signatures of the
majority of the arbitrators shall suffice if the award contains a statement that
one arbitrator refuses to sign or that his signature is prevented by an obstacle
which cannot be overcome within a reasonable period of time. If the award is
made by a majority decision, mention thereof shall be made in the award at
the request of the arbitrator who is in a minority.
4 Awards are confirmed on all copies as awards of the Centre by the signature of
the Secretary General and the stamp of the Centre. By this it is confirmed that
the award is an award of the International Arbitral Centre of the Austrian
Federal Economic Chamber and that it was made and signed by (an)
arbitrator(s) chosen or appointed in accordance with these Rules of Arbitration.
5 The award shall be served on the parties by the Secretary General. Awards
become effective as against the parties on service of the copies. One copy of
the award and the records on the serving shall be deposited with the
Secretariat of the Centre.
6 The sole arbitrator (Chairman of the arbitral tribunal, or, if he is prevented,
another arbitrator) shall confirm on all copies at the request of a party the
finality and enforceability of the award.
7 Partial and interim awards may be issued.
8 By their agreement to the Vienna Rules, the parties undertake to implement
the award.
Settlement
Article 28
The Parties can request that a record is drawn up on a settlement they have
concluded or that an award (on agreed terms) be made thereof.
Correction and Interpretation of Award; Additional Award
Article 29
1 Each party may within 30 days of receipt of the award file with the Secretariat
the following applications to the sole arbitrator (arbitral tribunal):
a) to correct in the award any errors in computation, any clerical or
typographical errors or any errors of similar nature;
b) if so agreed by the parties, to interpret certain parts of the award;
c) to make an additional award as to claims presented in the arbitral
proceedings but omitted from the award.
2 The decision on such an application is made by the sole arbitrator (arbitral
tribunal). Prior to making a decision upon such an application, the other party
is to be heard. The sole arbitrator (arbitral tribunal) shall determine a time
period for that purpose, which should not exceed 30 days.
3 The sole arbitrator (arbitral tribunal) may correct any error of the type
referred to in paragraph (1) a) of this Article on its own initiative within 30
days of the date of the award.
4 The provisions of Article 27 paragraphs 1 to 6 shall apply to the correction,
interpretation or making of an additional award. The interpretation or
correction shall be part of the arbitral award.
Publishing of Awards
Article 30
The Board is entitled to publish an award in legal journals or in its own publications
in anonymous form, unless publication is objected to by at least one party within
thirty days after service of the copy of the award on it.
Determination of Costs
Article 31
When the arbitral proceedings are terminated, the sole arbitrator (arbitral
tribunal) shall, upon application of a party, state in the award on the merits or
by separate award: the costs of arbitration fixed by the Secretary General in
accordance with Article 34 paragraph 1; shall determine the amount of costs of
the parties; and shall state who should bear the costs of the proceedings or the
proportion in which the costs of the proceedings are to be shared.
Costs of the Proceedings
Article 32
The costs of the proceedings consist of the following elements:
a) The costs of arbitration, that is to say, the outlay of the Centre
(administrative costs), arbitrators' fees plus any value added tax and cash
outlay (such as travel and subsistence expenses of arbitrators, costs of
service of documents, rent, costs of simple minuting); and
b) The costs of the parties, that is to say, the appropriate expenses of the
parties for their representation and other outlay related to the arbitration
proceedings, in particular, the costs specified in Article 35 paragraph 1.
Registration Fee
Article 33
1 On filing the claim (counter-claim), the Claimant (Counter-claimant) shall pay
into the account of the Centre, free of charges, a registration fee in the
amount stated. That fee is intended to cover the costs up to the submission of
the files to the sole arbitrator (arbitral tribunal). If higher outlay is incurred, an
additional sum may be prescribed.
2 If there are more than two parties to the proceedings, the registration fee shall
be increased by 10% for each additional party.
3 The registration fee shall not be repayable. The registration fee, as well as any
additional amount required in accordance with paragraph 1 of the present
Article shall be deducted from the Claimant's (Counter-claimant's) share of the
deposit against costs of arbitration.
4 The claim (counter-claim) shall be treated only after the registration fee is
fully paid.
Costs of Arbitration and Deposit
Article 34
1 The costs of arbitration shall be determined by the Secretary General at the
end of the proceedings.
2 The Secretary General shall fix the amount of the deposit against the expected
costs of arbitration. That deposit shall be paid in equal shares by the parties
before transmission of the files to the sole arbitrator (arbitral tribunal) and
within thirty days after service of the payment request.
3 If the share of the Claimant (Counter-claimant) is not received within the timelimit,
despite prolongation thereof, the claim (counter-claim) shall not be
treated any further. The Secretary General shall inform the parties thereof.
4 If the share of the Respondent (Counter-Respondent) is not received within the
time-limit set, the Secretary General shall inform the Claimant (Counterclaimant)
thereof and shall request him to pay the outstanding share of the
deposit within thirty days of receipt of the payment request. If that amount is
not received within the time-limit, the claim (counter-claim) shall not be
treated any further. The Secretary General shall inform the parties thereof.
5 If it should be necessary in the course of the proceedings to increase the
deposit against costs because of an increase in the amount in dispute, a
procedure analogous to that provided for in paragraphs 2 to 4 of the present
Article shall be adopted. Until payment of the additional deposit, the
amplification of the claim that led to the increase of the amount in dispute
shall not be taken into account in the arbitral proceedings.
6 If it should be necessary in the course of the proceedings to increase the
deposit against costs because the amount fixed for cash outlay on determining
the deposit is not sufficient, a procedure analogous to that provided for in
paragraphs 2 to 4 of the present Article shall be adopted.
Further Costs of Procedure
Article 35
1 If the sole arbitrator (arbitral tribunal) considers certain action entailing costs,
such as the appointment of experts, interpreters or translators, making
verbatim records of the proceedings, a visual inspection, or relocation of the
proceedings, to be necessary, he (it) must make arrangements to cover the
expected costs and inform the Secretary General thereof.
2 The sole arbitrator (arbitral tribunal) may undertake procedural steps in
accordance with paragraph 1 of the present Article only if adequate cover for
the expected costs exists.
3 The sole arbitrator (arbitral tribunal) shall decide what consequences for the
proceedings arise from the failure to pay a prescribed deposit against costs.
4 All commitments related to the procedural steps mentioned in paragraph 1 of
the present Article shall be undertaken by the sole arbitrator (arbitral tribunal)
in the name and for the account of the parties.
Calculation of the Costs of Arbitration
Article 36
1 The administrative costs of the Centre and the arbitrators' fees shall be fixed
on the basis of the amount in dispute, according to the schedule of arbitration
costs attached to these Rules (Annex 1). Where the proceedings are terminated
early, the Secretary General may reduce the arbitrator´s fees as it appears just
corresponding to the stage reached in the proceedings.
2 If there are more than two parties to proceedings, the rates for the
administrative costs of the Centre and the arbitrators' fees contained in the
schedules attached to these Rules shall be increased by 10% for each additional
party.
3 The arbitration costs for claims that are submitted to offset against the claims
(counter-claims) and that are in fact and in law of no connection with the
cause of action (principle claims), are to be calculated separately and paid as
like counter-claims. Article 34 shall apply accordingly to determine the
deposits. Counter-claims are not to be dealt with in the proceedings concerning
the principle claims until the additional deposits have been fully paid.
4 In the case of proceedings conducted concerning a number of individual claims
or counter-claims, which are both in fact and in law of no connection, the
Secretary General may at any stage of the proceedings make a separate
calculation of the costs of arbitration according to the amounts in dispute in
respect of the individual claims.
5 The Secretary General may deviate from the statements of the parties in fixing
the amount in dispute if the parties have made only a partial claim or if a
request by the parties whose purpose was not the payment of sums of money
was obviously undervalued.
6 The rates quoted in the schedule of arbitrators' fees are the fees for sole
arbitrators. In any case they shall be raised to two-and-a-half times the
amounts quoted if an arbitral tribunal is appointed and to up to three times the
rates stated in the event of the particular difficulty of a case.
7 The tariffs specified in the schedule for arbitrator´s fees include any and all
partial and interim decisions, such as awards on jurisdiction, partial awards,
decisions on the challenge of arbitrators, interim measures of protection, other
decisions and orders that manage the proceedings.
8 Reductions of the amount in dispute shall be taken into consideration in
calculating the arbitrators' fees and administrative costs only if they were
made before transmission of the files to the sole arbitrator (arbitral tribunal).
9 Cash outlays shall be determined according to the actual expenditure.
10 The tariffs specified in the schedule for arbitrator´s fees do not include value
added tax, to which the arbitrator´s fees may be subject. Those arbitrators
whose fees are subject to value added tax shall inform the Secretary General of
the prospective amount of value added tax upon taking up office.
Transitional Provision
Article 37
This version of the Vienna Rules shall apply to all proceedings in which the
claim was filed after 30th
June, 2006.
ANNEX 1
SCHEDULE OF ARBITRATION COSTS
Registration Fee: EUR 2,000 1)
Administrative Charges 2)
Amount in dispute in euros Rate in euros
from to
0 100,000 3,000
100,001 200,000 3,000 + 1.5 % of excess over 100,000
200,001 500,000 4,500 + 1 % of excess over 200,000
500,001 1,000,000 7,500 + 0.7 % of excess over 500,000
1,000,001 2,000,000 11,000 + 0.4 % of excess over 1,000,000
2,000,001 5,000,000 15,000 + 0.1 % of excess over 2,000,000
5,000,001 10,000,000 18,000 + 0.05 % of excess over 5,000,000
over 10,000,000 20,500 + 0.01 % of excess over 10,000,000
1)
See Article 33 paragraph 1
2)
See Article 36 paragraph 1
Fees for sole arbitrators 3)
Amount in dispute in euros Rate in euros
from to
0 100,000 6 % - minimum fee: 1,000
100,001 200,000 6,000 + 3 % of excess over 100,000
200,001 500,000 9,000 + 2.5 % of excess over 200,000
500,001 1,000,000 16,500 + 2 % of excess over 500,000
1,000,001 2,000,000 26,500 + 1 % of excess over 1,000,000
2,000,001 5,000,000 36,500 + 0.6 % of excess over 2,000,000
5,000,001 10,000,000 54,500 + 0.4 % of excess over 5,000,000
10,000,001 20,000,000 74,500 + 0.2 % of excess over 10,000,000
20,000,001 100,000,000 94,500 + 0.1 % of excess over 20,000,000
Over 100,000,000 174,500 + 0.01 % of excess over 100,000,000
3)
See Article 36 paragraph 6
CONCILIATION RULES*)
*) Translation from the German original, which is the authentic text.
Article 1
At the request of a party, conciliation proceedings can be conducted
where the Centre has jurisdiction as to the subject matter. They are not
subject to the existence of a valid arbitration agreement.
Article 2
The request for the opening of conciliation proceedings shall be filed
with the Secretariat of the Centre. The latter shall invite the opposing party
or parties to reply within thirty days after service of the request. If a party
refuses to participate in the conciliation proceedings or does not reply within
that period, the attempted conciliation shall be considered as having failed.
Article 3
When the opposing party or parties accepts/accept recourse to
conciliation, the Board shall nominate one of its members or another
qualified person to act as conciliator. The latter shall study the documents
submitted by the parties, shall convene them to a hearing and shall then
submit proposals for the amicable settlement of the dispute.
Article 4
If agreement is reached, that shall be the subject of a record signed
by the parties and the conciliator. If a valid arbitration agreement exists,
the Board shall appoint the conciliator as sole arbitrator, provided that all
parties so request. The sole arbitrator must authenticate the agreement in
the form of a settlement or, if the parties so wish, make an award on the
basis of the agreement.
Article 5
If no agreement is reached, the conciliation shall be considered as
having failed. Declarations made by the parties in the course of conciliation
proceedings shall not bind them in later arbitration proceedings. Except
under the conditions set forth in Article 4 of these Rules, the conciliator may
not be appointed as an arbitrator in subsequent arbitration proceedings.
Article 6
The costs of the conciliation proceedings and those of any activity of
the conciliator under the conditions set forth in Article 4 shall be set by the
Secretary General at an appropriate share of the charges applicable for
arbitration proceedings on the basis of the corresponding amount in dispute
(Article 36 paragraph 1 of the Rules of Arbitration). The same shall apply to
the deposits against costs to be set by the Secretary General.
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