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PRACTICE NOTES
This Practice Note considers some particular features of arbitration proceedings commenced pursuant to the Vienna International Arbitral Centre (VIAC)’s Arbitration Rules 2021 (the Vienna Rules), including the availability of joinder and consolidation. The Vienna Rules 2021 took effect on 1 July 2021 and apply to all proceedings commenced on or after that date. If your arbitration is proceeding under the Vienna Rules 2018, which took effect on 1 January 2018, ensure that you consult the previous version of the rules. Joinder of third parties Vienna Rules, art 14 governs the joinder of third parties to arbitration proceedings under the Vienna Rules. In summary, the joinder of a third party will be decided by the arbitral tribunal after it receives a Request for Joinder from a party or a third party after: (1) hearing all parties to the arbitration and (2) having considered all relevant circumstances (Vienna Rules, art 14(1)). A request to join a third party can be made: • at the same time as submitting the Statement of Claim (in such cases,
PRACTICE NOTES
This Practice Note considers the costs of arbitration proceedings commenced pursuant to the Vienna International Arbitral Centre (VIAC)’s Arbitration Rules 2021 (the Vienna Rules). The Vienna Rules 2021 took effect on 1 July 2021 and apply to all proceedings commenced on or after that date. The Vienna Rules address the different types of costs that parties can usually expect to incur during arbitral proceedings under the Vienna Rules. If your arbitration is proceeding under the Vienna Rules 2018, which took effect on 1 January 2018, ensure that you consult the previous version of the rules. The registration fee The claimant (or counter-claimant) shall pay a non-refundable registration fee on submission of the Statement of Claim (Vienna Rules, art 10(1)). This fee does vary according to the amount in dispute in the arbitration (Vienna Rules, Annex 3): • €500 for an amount in dispute of maximum €25,000 • €1,000 for an amount in dispute ranging from €25,001 to €75,000 • €1,500 for an amount in dispute of over €75,000 However, if there are
PRACTICE NOTES
This Practice Note considers evidence in arbitration proceedings commenced pursuant to the Vienna International Arbitral Centre (VIAC)’s Arbitration Rules 2021 (the Vienna Rules). The Vienna Rules 2021 took effect on 1 July 2021 and apply to all proceedings commenced on or after that date. If your arbitration is proceeding under the Vienna Rules 2018, which took effect on 1 January 2018, ensure that you consult the previous version of the rules. What do the Vienna Rules provide on matters of evidence? Institutional arbitration rules generally give arbitral tribunals and parties wide discretion to determine how evidence is prepared, presented and treated. The Vienna Rules make limited provision for how evidence should be treated in the arbitration and leave a wide discretion to the tribunal to adapt the procedures to the particular dispute. The main provisions on evidence in the Vienna Rules are discussed below. Pursuant to Vienna Rules, art 28, the tribunal has a wide discretion to conduct the arbitration in the manner that it deems appropriate in accordance
PRACTICE NOTES
This Practice Note considers the procedure of arbitration proceedings commenced pursuant to the Vienna International Arbitral Centre (VIAC)’s Arbitration Rules 2021 (the Vienna Rules). The Vienna Rules 2021 took effect on 1 July 2021 and apply to all proceedings commenced on or after that date. If your arbitration is proceeding under the Vienna Rules 2018, which took effect on 1 January 2018, ensure that you consult the previous version of the rules. Place (seat) of arbitration The parties are free to agree on the legal place (seat) of arbitration (Vienna Rules, art 25). For information on choosing a seat of arbitration, see Practice Notes: The seat of the arbitration and Choosing the seat of arbitration. However, if the parties reached no agreement as to the seat, the seat of the arbitration will be Vienna (the consequences of this are discussed below). Vienna Rules, art 25 further provides that the arbitral tribunal can conduct procedural acts at any location it deems appropriate. The latter is commonly recognised in international arbitration. Parties arbitrating
PRACTICE NOTES
This Practice Note considers how to commence arbitration proceedings pursuant to the Vienna International Arbitral Centre (VIAC)’s Arbitration Rules 2021 (the Vienna Rules), including the availability of joinder and consolidation. The Vienna Rules 2021 took effect on 1 July 2021 and apply to all proceedings commenced on or after that date. If your arbitration is proceeding under the Vienna Rules 2018, which took effect on 1 January 2018, ensure that you consult the previous version of the rules. Jurisdiction of VIAC VIAC is defined as the Permanent International Arbitration Institution of the Austrian Federal Economic Chamber (Vienna Rules, art 1). VIAC is competent to administer domestic arbitral proceedings as well as international arbitral proceedings. VIAC is also competent to administer mediation proceedings. How to commence a VIAC arbitration Submitting a Statement of Claim Under the Vienna Rules, an arbitration is commenced by the submission of a Statement of Claim to the Secretariat of the VIAC. The arbitration is deemed commenced on the date on which the
PRACTICE NOTES
This Practice Note considers how to respond to arbitration proceedings commenced pursuant to the Vienna International Arbitral Centre (VIAC)’s Arbitration Rules 2021 (the Vienna Rules). The Vienna Rules 2021 took effect on 1 July 2021 and apply to all proceedings commenced on or after that date. If your arbitration is proceeding under the Vienna Rules 2018, which took effect on 1 January 2018, ensure that you consult the previous version of the rules. How to file the Answer to the Statement of Claim The respondent shall file an Answer to the Statement of Claim within 30 days of service of the Statement of Claim (Vienna Rules, art 8(1)). The respondent to submit its Answer to the Statement of Claim in electronic form and hardcopy form to VIAC. Both submissions shall include exhibits in sufficient copies for the Secretariat, each arbitrator and each party to the proceedings (Vienna Rules, art 12(1)). The Answer to the Statement of Claim
PRACTICE NOTES
This Practice Note considers the appointment and removal of the arbitral tribunal in arbitration proceedings commenced pursuant to the Vienna International Arbitral Centre (VIAC)’s Arbitration Rules 2021 (the Vienna Rules). The Vienna Rules 2021 took effect on 1 July 2021 and apply to all proceedings commenced on or after that date. If your arbitration is proceeding under the Vienna Rules 2018, which took effect on 1 January 2018, ensure that you consult the previous version of the rules. The articles of the Vienna Rules governing the appointment and removal of arbitrators are very similar to the rules of most of the other well-known arbitration institutions as well as domestic arbitration laws. The arbitrators Subject to any agreed additional qualification requirements, every natural person with full legal capacity can act as an arbitrator under the Vienna Rules (Vienna Rules, art 16(1)). This provision, in essence, reflects section 586 of the Austrian Code of Civil Procedure (ACCP). Furthermore, Vienna Rules, art 16(2) governs the impartiality and independence of arbitrators. It is noteworthy that arbitrators
PRACTICE NOTES
This Practice Note considers the powers of the arbitral tribunal in arbitration proceedings commenced pursuant to the Vienna International Arbitral Centre (VIAC)’s Arbitration Rules 2021 (the Vienna Rules). The Vienna Rules 2021 took effect on 1 July 2021 and apply to all proceedings commenced on or after that date. If your arbitration is proceeding under the Vienna Rules 2018, which took effect on 1 January 2018, ensure that you consult the previous version of the rules. Conducting the proceedings The Vienna Rules afford the tribunal extensive discretion as to the conduct of the arbitral proceedings. While the tribunal needs to observe any existing party agreement and is bound to treat the parties fairly and respect the parties’ right to be heard, it enjoys wide discretion when it comes to adjusting the proceedings to the particular circumstances of the case (Vienna Rules, art 28). Other functions of the tribunal under the Vienna Rules are: • determining the schedule and number of written submissions, and fixing the hearing date (which is done by a sole arbitrator
PRACTICE NOTES
This Practice Note considers the background and the structure of the Vienna International Arbitral Centre (VIAC) and its Arbitration Rules 2021 (the Vienna Rules). As from 1 July 2021, the Rules of the VIAC consist of three parts: the Vienna Rules or Vienna Arbitration Rules as Part I, the Vienna Mediation Rules as Part II, and the Appendices to both sets of rules as Part III; all three parts are now collectively referred to as the Vienna Rules and Vienna Mediation Rules 2021. The Vienna Rules and Vienna Mediation Rules entered into force on 1 July 2021 and apply to all proceedings commenced on or after that date. If your arbitration is proceeding under the Vienna Rules 2018, which took effect on 1 January 2018, ensure that you consult the previous version of the rules. The development of the Vienna Rules The VIAC was founded in 1975 as a division of the Austrian Federal Economic Chamber. It is the premier arbitral institution in Central and South-Eastern Europe and one of the leading institutions
GLOSSARY
The Vienna Convention on the Law of Treaties (VCLT) is the core international instrument that sets out how treaties are made, interpreted, applied, amended and terminated. It codifies customary international law on treaties and is routinely used by UK and Irish courts, governments and practitioners when dealing with public international law issues.Key provisions include rules on treaty formation and consent to be bound; interpretation (Articles 31–33); reservations; invalidity (for example, error, fraud, corruption, coercion); and grounds for suspension or termination, including material breach and supervening impossibility. These rules underpin advice on treaty drafting, state responsibility and disputes before international courts and tribunals.The UK and Ireland are parties to the VCLT and treat many of its rules as reflecting customary international law. While not directly incorporated as a whole into domestic legislation, its interpretative principles are regularly cited in case law across England and Wales, Scotland, Northern Ireland and Ireland. Usage and legal effect are broadly consistent across these jurisdictions, particularly in foreign relations law, extradition, investment treaties, and human rights instruments such as the European Convention on Human Rights.
NEWS
The United Nations Information Service (UNIS) has announced that the Ministry of Foreign Affairs of Viet Nam has signed a memorandum of understanding (MoU) with the secretariat of the United Nations Commission on International Trade Law (UNCITRAL) to enhance cooperation on matters of international trade law. Signed during UNCITRAL’s 58th session in Vienna on 17 July 2025, the MoU is intended to support the modernisation of Viet Nam’s commercial legal framework and promote awareness of UNCITRAL’s work. The agreement builds on previous joint initiatives, including events on arbitration, smart contracts and the digital economy, and coincides with the start of Viet Nam’s new six-year term as a UNCITRAL Member State. Viet Nam has also submitted a proposal for future UNCITRAL work on carbon markets and proposed hosting an inter-sessional meeting on investor-State dispute settlement reform in 2026.
NEWS
Law360, London: A Vietnamese budget airline must pay the subsidiary of an international private investment company more than US$180m for failing to return its planes, as a judge ruled 17 April 2025 that a termination clause in the lease agreement was not a penalty provision.