Austria - Baker & McKenzie International Arbitration Yearbook: 2012-2013
Alexander Petsche heads the Litigation and Arbitration Practice Group at Baker & McKenzie in Vienna. He advises clients in connection with the assertion of their claims before state courts and arbitral tribunals, particularly in matters related to construction and infrastructure projects, damage claims, distribution law and corporate disputes, as well as in investment arbitrations. Mr. Petsche also advises clients on the implementation of compliance systems, especially in the field of anti-corruption, and has significant experience serving as an arbitrator and an accredited business mediator.
Heidrun E. Preidt is an Associate at Baker & McKenzie’s office in Vienna. She acts as counsel in state court litigation and international commercial as well as investment arbitration proceedings.
A. LEGISLATION, TRENDS AND TENDENCIES
There were no legislative changes to the Austrian Arbitration Law in 2012.
The Advisory Board of the Vienna International Arbitral Center (“VIAC”) has established a committee for the revision of VIAC’s Rules of Arbitration and Conciliation (the “Vienna Rules”), which had several meetings in 2012 involving many users and representatives of other arbitration institutions. The new Vienna Rules have not yet been finally approved by the Board of VIAC. However, the main changes will relate to thirdparty intervention and fast-track arbitration. VIAC’s Board has also decided not to follow all international arbitration trends, but to keep the Vienna Rules simple by applying a pragmatic approach, reflecting the wishes of the users of VIAC.
A. Legislation, Trends and Tendencies
B.1 Lack of Oral Hearing Does Not Constitute a Violation of the Right to Be Heard
B.2 The Parties and Not the Arbitral Institution Are Liable for Payment of the Arbitrators’ Fees
B.3 Claim for Annulment of a Shareholders’ Resolution is Arbitrable Even if the Award Might Have an Effect on Third Parties
C. The Grant and Enforcement of Interim Measures in International Arbitration
C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures
C.3 Enforcement of Interim Measures