A. LEGISLATION, TRENDS AND TENDENCIES
2013 was a year of reforms in Austria. First, the new arbitration
rules of the Vienna International Arbitral Centre (VIAC; the
“Vienna Rules”) were adopted and entered into force on July 1,
2013. Second, the procedure for the setting aside of an arbitral
award in Austrian courts has been substantially shortened. Both
reforms are considered as important steps to transform Austria
into an even more attractive place for arbitration.

A.1 The Revision of the Vienna Rules
A new version of the Vienna Rules came into force on July 1,
2013.2 The most important changes are briefly summarized below.
Joinder of Third Parties
The 2006 version of the Vienna Rules did not regulate the
joinder of third parties in arbitration proceedings. According to
the new Article 14, it is up to the arbitral tribunal after
consideration of all the relevant circumstances and after having
heard all parties to decide whether or not to accept the joinder
and in which form or for which part of the proceedings the
joinder shall take place. It is basically left to the discretion of the
tribunal which circumstances are relevant and thus whether a
party should be joined or not.
Consolidation of Arbitral Proceedings
According to Article 15, two or more arbitration proceedings can
be consolidated on the request of a party, if the parties agree to
do so or the nominated arbitrators are the same in the
proceedings to be joined. In both instances, a consolidation is
only permissible if the place of arbitration in the proceedings to
be consolidated is the same. The decision whether or not to
consolidate is taken by the Board of the VIAC.
Constitution of the Arbitral Tribunal in Multi-Party Proceedings
There is no general rule on the admissibility of multi-party
arbitrations under the Vienna Rules. However, the appointment
of arbitrators in such proceedings is now expressly regulated in
Article 18. The parties on each side must agree on an arbitrator
they wish to nominate. If one side is delayed in appointing an
arbitrator, its arbitrator will be appointed by the Board of the
VIAC. The new provision grants the Board of the VIAC the
possibility to appoint all arbitrators on the panel, including
revoking previous appointments, in exceptional cases. This
provision seeks to guarantee equal treatment between the
parties.
Confirmation of Nomination
Article 19 is a new provision. It provides that after an arbitrator
has been nominated, the Secretary General of the VIAC confirms
the nomination in writing, provided no doubts exist regarding the