Where the deceased wishes to submit a dispute relating to succession to arbitration in accordance with Annex 6 to the Vienna Rules, the deceased may insert into the disposition of property upon death / agreement as to succession / will an arbitration clause in the following form:
All disputes or claims arising out of or in connection with this [succession / disposition of property upon death / agreement as to succession / will] of [name, surname, date of birth, citizenship, address of the deceased], including disputes relating to the succession, the existence of legacies, the content and validity of the [disposition of property upon death / agreement as to succession / will], shall be finally settled under Annex 6 to the Rules of Arbitration (Vienna Rules) of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber, by one or three arbitrators appointed in accordance with said Rules.
The deceased may wish to stipulate the following in the arbitration clause:
(1) the number of arbitrators (one or three) (Article 17 as amended by Annex 6 to the Vienna Rules);
(2) place of arbitration (Article 25 as amended by Annex 6 to the Vienna Rules);
(3) the language(s) to be used in the arbitral proceedings (Article 26 as amended by Annex 6 to the Vienna Rules);
(4) the applicable law for the dispute relating to succession and the applicable law for the arbitration agreement (according to Article 27 paragraph 1 as amended by Annex 6 to the Vienna Rules, the applicable law shall be the law applicable under the conflict-of-law rules at the place of the habitual residence of the deceased at the time of death, or the law that may be chosen thereunder);
(5) the scope of the arbitrators’ confidentiality (Article 16 paragraph 2 Vienna Rules) and its extension regarding parties, representatives and experts.