The Arbitration Submission Agreement is a crucial document used when parties have an existing dispute and agree to resolve it through arbitration rather than court litigation. Unlike arbitration clauses in commercial contracts that deal with future disputes, this agreement is drafted and executed after a dispute has already arisen. Under Austrian law, this document must comply with the Austrian Code of Civil Procedure (ZPO), particularly sections 577-618, which were modernized in 2006 to align with the UNCITRAL Model Law. The agreement needs to precisely define the scope of the dispute, establish the arbitration framework, and include all essential elements required for a valid arbitration process. It's particularly important in international commercial disputes where parties seek a neutral, efficient, and confidential dispute resolution mechanism that results in an enforceable award.
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1. Parties: Identification of all parties to the arbitration agreement, including full legal names, registration details, and addresses
2. Background: Description of the existing dispute, including relevant facts, prior attempts at resolution, and confirmation that parties agree to arbitrate
3. Definitions: Definitions of key terms used throughout the agreement
4. Agreement to Arbitrate: Express agreement to submit the specified dispute to arbitration and waiver of right to litigate
5. Scope of Arbitration: Precise definition of the disputes and claims to be submitted to arbitration
6. Arbitration Rules: Specification of the arbitration rules to be applied (e.g., Vienna Rules, ICC Rules, or ad hoc arbitration)
7. Seat of Arbitration: Designation of the arbitration seat and specification that Austrian law governs the arbitration agreement
8. Arbitral Tribunal: Number of arbitrators and method of appointment
9. Language: Specification of the language(s) to be used in the arbitration
10. Applicable Law: Law governing the substance of the dispute
11. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and materials
12. Costs: Provisions regarding allocation of arbitration costs and legal fees
13. Notices: Method and addresses for serving notices related to the arbitration
14. Execution: Signature blocks and execution provisions
1. Interim Measures: Provisions regarding the power to grant interim measures, used when parties want to explicitly address this possibility
2. Document Production: Specific rules for document production and evidence gathering, useful when parties want to establish clear parameters
3. Multi-Party Provisions: Special provisions for arbitrations involving multiple parties, including appointment of arbitrators
4. Expert Determination: Provisions for appointment and role of experts, useful in technical disputes
5. Mediation Step: Requirement to attempt mediation before proceeding to arbitration, if parties want to include this preliminary step
6. Time Limits: Specific deadlines for various stages of the arbitration, used when parties want to ensure expedited proceedings
7. Appeals: Provisions regarding possible appeals or review of the award, if parties want to expand or limit appeal rights
1. Description of Dispute: Detailed description of the dispute, including chronology of events and specific claims
2. Related Agreements: Copies or summaries of relevant contracts or agreements that are central to the dispute
3. Arbitrator Qualifications: Specific qualifications required for the arbitrators
4. Procedural Timetable: Proposed or agreed timeline for the conduct of the arbitration
5. Document Production Protocol: Detailed procedures for document production and exchange
6. Prior Correspondence: Key correspondence between parties regarding the dispute
7. Power of Attorney: If applicable, powers of attorney for representatives signing the agreement
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