substantially, with certain exceptions, reflect the UNCITRAL Model Law on International Commercial Arbitration. An arbitration agreement must be concluded in writing. The formal requirements are found in the ZPO. Special provisions must be observed in the case of employees and consumers. Arbitration plays a very important role in Austria, not least through the VIAC (Vienna International Arbitration Centre), one of the most recognised arbitration institutions. Are there other common forms of Alternative Dispute Resolution (ADR) in Austria? There are various types of alternative dispute resolution in Austria, such as arbitration, mediation (e.g. in family law matters) or conciliation boards (e.g. in housing matters). Mediation is regulated by the Civil Law Mediation Act (ZivilrechtsMediations-Gesetz, ZivMediatG). In typical civil proceedings, however, ADR is not too prevalent in Austria. Unlike in other jurisdictions, there are no general requirements for mandatory settlements, and parties are generally not required to consider alternative dispute resolution before filing a lawsuit (exceptions may be found in neighbourhood law and tenancy law or in provisions related to apprenticeship contracts). As mentioned above, settlement negotiations are conducted in the first hearing, which are also supported by the judge. With respect to mediation, it is important to note that an agreement reached in mediation is binding but not directly enforceable in court. What are the advantages of resolving disputes in Austria compared to other European and nonEuropean countries? In contrast to some other European countries, the Austrian judiciary is considered to be quite fast. Of course, this depends on the individual case, but on average, the duration of proceedings can be predicted well. As far as arbitration is concerned, the VIAC is one of the leading arbitration institutions in Europe, as already Unlike in other jurisdictions, there are no general requirements for mandatory settlements, and parties are generally not required to consider alternative dispute resolution before filing a lawsuit. mentioned, and Vienna now has a long history as an arbitration location. The advantage of an arbitral award – as opposed to a state court judgment – is that it is enforceable virtually worldwide. Another advantage is that an arbitration court usually makes a decision quickly and the costs can also be calculated very well in advance. This means that the cost risk of a legal dispute can be easily estimated. The advantage of speed is primarily due to the fact that appeals against arbitration court decisions are only possible in exceptional cases. This can be both a disadvantage and an advantage compared to state courts, where there is always at least a second instance that can, for example, correct legal errors made by the first instance. Other than knowledge of the law, what (if any) specialist technical knowledge is required to act for clients? Please elaborate. In addition to pure legal knowledge, it is an advantage if the lawyer is well versed in the respective subject matter. A good network is also important in order to be able to call on other specialists such as tax experts, notaries, forensic experts or detectives, if necessary. Thanks to my experience and my network, I am happy to be able to offer this to my clients. WWW.LAWYER-MONTHLY.COM | MAR 2022 66 THOUGHT LEADER - MICHAEL IBESICH
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