Arbitration Agreement Shall Be in the Form of

Arbitration agreements between an entrepreneur and a consumer can only be validly concluded for disputes that have already arisen. In addition, arbitration agreements with consumers must be included in a document signed personally by the consumer. This document does not contain any agreements other than those relating to arbitration. Accordingly, it is virtually impossible under Austrian law to enter into an arbitration agreement with a consumer.1 All disputes arising out of or in connection with this contract will be definitively settled in accordance with the Arbitration Rules of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the above rules. Alternative Dispute Resolution (ADR) allows parties to adapt their dispute resolution process. Parties can include the standard arbitration or mediation clause in their contract and further adjust their clause with options that control time and cost. In accordance with Article 30(2)(b) of the Arbitration Rules of the International Chamber of Commerce, the parties agree that the Expedited Procedure Rules shall apply irrespective of the amount in dispute. The AAA has developed the ClauseBuilder online tool® – a simple and self-directed process – to help individuals and organizations develop clear and effective arbitration and mediation agreements. If ICC arbitration is chosen as the preferred method of dispute resolution, this should be decided when negotiating separate contracts, contracts or arbitration agreements. However, if both parties agree, this can be resumed even after a dispute.

The parties are free to adapt the clause to their particular situation. For example, they may want to determine the number of arbitrators, as the ICC Arbitration Rules contain a presumption in favour of a single arbitrator. It may also be desirable for them to determine the place and language of the arbitration and the law applicable to the case. The ICC Arbitration Rules do not restrict the parties` free choice of venue and language of arbitration or contract law. A person`s subjective ability to actually enter into a binding arbitration agreement (and to be a party to the arbitration) is regularly referred to as subjective arbitration. Whether a person has subjective capacity depends on the law applicable to that particular person. Under Austrian law, private international law (FFIT) generally determines the law applicable to a natural person on the basis of his or her nationality. In the case of legal persons, the registered office is decisive. For EU companies, however, the location of the establishment is decisive due to the start-up theory developed by the Court of Justice of the European Union (CJEU).

It is therefore advisable to uniquely identify the contracting parties, for example by referring to the registration numbers of the companies. If the subjective capacity of the person entering into the arbitration agreement is lacking, the award may be challenged before the Supreme Court (see below VII.). The parties may also wish to specify in the arbitration clause: (b) An arbitration agreement may take the form of an arbitration clause in a contract or in the form of a separate agreement (tendering agreement). In light of the employee`s employment with the Company, its promise to resolve all employment disputes and the receipt of compensation, salary increases and other benefits that the Company currently and in the future pays to the Executive, the Executive agrees that any controversy, claim or dispute with any person (including the Company and any employee, such as an officer, Director, shareholder or benefit plan of the Company in his or her capacity as such or otherwise), resulting from the employment or termination of the Company by the officer, including any breach of this Agreement, shall be subject to binding arbitration in accordance with Section 75 of the Civil Practice Act and the rules of the New York Code (the “Act”), and under New York law. The Federal Arbitration Act also applies with force and effect, regardless of the application of the procedural rules set out in the Act. (c) An arbitration agreement must be in writing. An agreement is written if it is contained in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecommunication that provide a record of the agreement, or in an exchange of statements of action and defense in which the existence of an agreement is claimed by one party and not contested by another. The arbitration agreement must be contained either in a written document signed by the parties (including all reasonable forms of electronic signature) or in an exchange of letters, faxes, e-mails or other forms of communication exchanged between the parties that prove the existence of the agreement.

In addition, if a contract that complies with the above formal requirements refers to a document containing an arbitration agreement, it constitutes an arbitration agreement, provided that the arbitration agreement is as part of the contract arbitration agreement. It should be noted that if a party (who may object for a default) addresses the substantive issues at issue without causing informality, this effect of the arbitration agreement is corrected (or rather set aside) in the arbitration. That waiver shall take place unless an objection is raised at the latest where that party contests the main proceedings. The standard clause may be amended to take account of the requirements of national law and any other specific requirements of the parties. In particular, the parties should always request binding arbitration. For example, for parties wishing to have ICC arbitration in mainland China, it is advisable to include in their arbitration clause an explicit reference to the ICC International Court of Arbitration. The parties should also take into account any factors that may affect the enforceability of the clause under applicable law. This includes any mandatory requirements that may exist at the place of arbitration and at the intended place(s) of performance. Whether or not the subject matter of a dispute is subject to arbitration is called objective arbitration. If the subject matter of the dispute is not subject to arbitration, the award may be set aside.

Under Austrian law, any pecuniary claim falling within the jurisdiction of the courts may be the subject of an arbitration agreement. An arbitration agreement on non-financial claims is legally valid to the extent that the parties can reach a settlement of the dispute. Examples of issues that cannot be submitted to arbitration include (i) family law issues such as divorce, property or adoption, matrimonial or marital status disputes; and (ii) public disputes such as criminal cases. .