In a landmark decision (18 OCg 3/22y), the Austrian Supreme Court has established specific requirements for arbitration agreements addressing shareholder disputes concerning defective resolutions. This decision aligns with similar standards set by the German Federal Court of Justice (BGH).
In response to this development, the VIAC Secretariat under the direction of Dr. Nikolaus Pitkowitz, President of the Vienna International Arbitral Centre (VIAC), has convened a specialised working group comprised of experts from both academia and practice including VIAC Vice President Franz Schwarz, Prof. Christian Koller and Prof. Paul Oberhammer. This group's mandate is to draft an amendment to the Vienna Rules, ensuring they reflect the prerequisites outlined by the Austrian Supreme Court, including the proper involvement of all shareholders in the formation of the arbitral tribunal and throughout the arbitration proceedings.
Dr. Pitkowitz emphasised the importance of this initiative, stating, "Adapting the Vienna Rules in accordance with the Supreme Court's requirements is crucial to uphold the integrity and inclusiveness of arbitration in shareholder disputes concerning defective resolutions."
The working group will also address other significant aspects of the decision, consulting with various stakeholders and experts in arbitration. Once the draft amendment is finalised, it will be presented to the VIAC Board for approval, ensuring that the updated Vienna Rules maintain VIAC's commitment to excellence in arbitration services.
The Annual Report 2023 provides a detailed review of VIAC's various activities in the past year as well as interesting statistical details and an outlook for 2024.
Please view the full text of the report for further details.
Thank you to everyone who joined us for the launch of VIAC and ARBalance’s new ‘ADR Wellbeing Toolbox’ on #loveyourlawyerday!
Following introductions from Niamh Leinwather, Kabir Duggal and Amanda Lee, our fabulous keynote speaker, Antoinette Moriarty, shared some top tips to help everyone who is keen to enjoy a happier, healthier career in ADR:
Given how rapidly the tech sector is growing, accelerated digital transformation and innovation will continue to impact the ADR landscape in years to come. New product areas, like cryptocurrency, blockchain and AI will result in new types of commercial disputes. Not to mention increased government action to regulate big tech companies, which will likely result in an increasing number of tech-related investor-State disputes. VIAC wants to be fit for the future. It is vital for our growth to gather the expertise and knowledge of thought leaders in the sector to steer the institution in the right direction in order to understand how we can provide the best, cutting edge service.
A major concern in the arbitration community over the last few months has been the interpretation of Art 5 aa of Regulation (EU) No 833/2014 (as amended on March 15 2022, cf Council Regulation (EU) 2022/428) concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine), and the related question of its impact on arbitration proceedings with sanctioned parties. VIAC shared these concerns. Together with our colleagues at the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the Arbitration Institute of Finland Chamber of Commerce (FAI), the Milano Chamber of Arbitration (CAM), the German Arbitration Institute (DIS) and the Swiss Arbitration Centre, we highlighted these issues to the legislator.