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).
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.