Arbitration rules of the Salzburger Rechtsanwaltskammer as of 28 May 2002
§ 1 Jurisdiction:
(1) The Arbitration Court of the Salzburger Rechtsanwaltskammer shall have jurisdiction over hearing and deciding on all disputes that can be brought before an arbitration and for which the parties agree on jurisdiction of this Arbitration Court pursuant to §§ 4 and 5 of these arbitration rules or otherwise.
(2) The arbitration proceedings take place at the seat of the Arbitration Court in 5020 Salzburg or at the seat of the arbitrator named or the chairman of the arbitration senate. Hearings may also take place outside the seat of the arbitration court if this makes handling the case easier.
§ 2 Organisation:
(1) The Arbitration Court bodies shall be the presidium, consisting of a chairman and two more members, the presidium's consultants consisting of three members and the secretarial office.
(2) The Arbitration Court also includes the arbitrators, who are entered in the list of arbitrators kept at the Salzburger Rechtsanwaltskammer pursuant to § 3 of these arbitration rules.
(3) The Arbitration Court chairman shall be the respective president of the Salzburger Rechtsanwaltskammer, and the remaining presidium members shall be the deputies of the president of the Salzburger Rechtsanwaltskammer. The Arbitration Court presidium shall determine its standing orders, which shall include provisions on presidium meetings, quorum and decision-making and name any cases where the presidium shall consult the presidium's consultants.
The presidium members shall not be bound to any orders in executing their office. They are obliged to keeping confidential all that becomes known to them in this function.
(4) The presidium consultants shall consist of three arbitrators entered in the list of arbitrators and delegated by the committee. Any consultants who lay down their office early shall be replaced. The consultants shall also determine standing orders for themselves, which shall include provisions on consultants meetings, quorum and decision-making.
The consultants shall always be heard by the presidium before a decision is made about the removal of arbitrators from the list of arbitrators.
(5) The presidium members or consultants involved in arbitration proceedings as arbitrator or representative of a party shall be excluded from their activity in the presidium or as a consultant in this case. The committee shall determine the replacement members for the presidium and/or consultants from case to case.
(6) The Arbitration Court's secretarial office is the secretarial office of the Salzburger Rechtsanwaltskammer. It sees to the administrative matters of the Arbitration Court.
The secretarial office members are obliged to keeping confidential all that becomes known to them in this function.
§ 3 Arbitrators
(1) Any independent lawyer entered into the list of lawyers or the list of resident European lawyers in the town or area of Salzburg may act as an arbitrator if they are not prohibited from acting as a lawyer for whatever reason.
(2)These lawyers are entered into the list of arbitrators by the secretarial office on their request.
Acceptance into the list of arbitrators a prerequisite for acting in the office of an arbitrator.
(3) The presidium makes decisions about removing someone form the list of arbitrators after hearing the consultants.
(4) The arbitrators shall perform their office fully independently and impartially according to the best of their knowledge and conscience and complying with a lawyer's obligations. They shall not be bound to any instructions. They shall be bound to confidentiality regarding everything they gain knowledge of in this function and shall disclose all circumstances that may impair their independence or impartiality towards the parties.
(5) Arbitrators shall be excluded from performing the arbitrator's office if the prerequisites of § 20 JN (Code of Jurisdiction) are present,
§ 4 Initiation of the arbitration proceedings by the claimant
(1) The arbitration proceedings are initiated by a complaint being filed with the secretarial office of the Arbitration Court. The proceedings are deemed pending when the complaint is received,
(2) The complaint must be filed in three copies including appendices; in case of senate proceedings, § 7 para 3 shall apply.
a.The complaint must include all information named in §§ 226 et seqq ZPO (Code of Civil Procedure.)
b. The complaint must be accompanied by a document to prove that the defendant has expressly agreed that the arbitration proceedings take place in the concrete dispute.
c. The complaint must be accompanied by proof for payment of the arbitration fee to be submitted to the Arbitration Court in at the same time as the complaint.
d. In the complaint, the claimant can suggest a single arbitrator and name a co-arbitrator for senate proceedings.
(3) Where the complaint is defective or executions of appendices or proof of payment of the arbitration fee are missing, the secretarial office shall demand improvement or completion from the claimant within a grace period of two weeks. If the claimant reacts to the improvement order within this period, the procedure shall be considered pending as of receipt of the complaint by the secretarial office. If the claimant does not comply with the improvement order, the complaint shall be deemed not made.
§ 5 Statement of the defendant during the arbitration proceedings
(1) The secretarial office shall deliver the complaint and legal notice to the defendant by service and request him to, within 4 weeks after service of the complaint,
a. submit an answer to the complaint, stating reasons, in three copies (for senate proceedings, § 7 para 3 shall apply) and to submit all documents that serve as proof,
b. make a statement regarding any single arbitrator suggested by the claimant or to suggest his own single arbitrator and in case of a senate procedure, to name one co-arbitrator,
(2) The secretarial office informs the claimant if the defendant has not answered the complaint; the arbitration proceedings shall take place nonetheless.
(3) Where there are several defendants, every single defendant must make a statement regarding the arbitration proceedings.
Where several defendants do not name a joint arbitrator within the period pursuant to para 1, he will be determined by the arbitration court presidium from the list of arbitrators.
§ 6 Joint provisions for complaint and complaint statement
The claimant (in the complaint) and/or the defendant (in the answer to the complaint) can also suggest that a senate of three arbitrators be used or, if these arbitration rules intend a senate procedure, that a single arbitrator decide instead of a senate. In the first case, the parties may both determine one co-arbitrator of the senate.
§ 7 Deadlines, service and notifications
(1) Deadlines provided for in the arbitration rules intend or set by the secretarial office pursuant to § 7 and § 9 para 2 cannot be extended. The provisions of the ZPO (Code of Civil Procedure) shall apply for the passing of periods and compliance with the.
(2) The servicing act (Zustellgesetz) shall apply to servicing.
(3) Where the action is performed as a senate procedure, the complaint and answer to the complaint shall, including any appendices, be entered in five copies, and any other submittals and letters in three copies to the Arbitration Court and another execution shall be serviced to the opponent directly.
§ 8 Naming and appointment of arbitrators
(t) At a value at dispute of up to and including € 1,000,000.00, the Arbitration Court shall make its decision by a single arbitrator; if the value at dispute exceeds this sum, a senate procedure shall apply unless the parties agree on a deviating arbitration court according to these arbitration rules.
The co-arbitrator named by each of the disputing parties for a senate procedure shall be appointed by the presidium.
(2) Where the defendant suggests having the Arbitration Court be made up of a senate or single arbitrator contrary to the arbitration court intended by these arbitration rules, the claimant shall be requested by the secretarial office to make a statement regarding this within 14 days, and, in case of agreement to performing the procedure before a single arbitrator, to make a statement regarding the arbitrator suggested by the defendant or to suggest another arbitrator or, in case of a senate proceedings, to name his own co-arbitrator.
(3) Where the answer to the complaint shows that no express agreement of the parties regarding one arbitrator is present, this arbitrator shall be appointed by the Arbitration Court from the list of arbitrators.
(4) In case of the senate procedure, the parties have to determine the chairing arbitrator within 4 weeks of service of the answer to the complaint to the claimant. He shall be appointed by the presidium unless there are any important reasons against it. If the two parties do not agree on a chairing arbitrator within this period, the chairing arbitrator shall be appointed by the presidium pursuant to para 4.
The chairman of the senate shall head the proceedings.
The presidium shall also appoint the co-arbitrators if the parties are not making use of their right to appoint them as provided for in the arbitration rules.
(5) The presidium appoints the arbitrators from the list of arbitrators in alphabetic order of the arbitrators (the time of appointment shall be decisive).
§ 9 Rejection or Removal of Arbitrators
(1) An arbitrator may be rejected for reasons of § 19 JN (Code of Jurisdiction) if there is a sufficient reason to doubt his independence or impartiality. Each party may request that an arbitrator be removed if he is prevented from attending permanently, does otherwise not comply with his duties or improperly extends the procedure
Where one party rejects an arbitrator or requests his removal, it shall do so by informing the secretarial office under inclusion and documentation of the reasons.
(2) Rejection shall be impermissible if the rejecting party has made a statement regarding the procedure in spite of the reason for rejection given by it being known to it previously or if it had to be known to it previously. Rejection shall also be impermissible if the rejecting party has not stated the reason for rejection within four weeks of gaining knowledge of the reason.
(3) A final decision on rejection and application for removal shall be made by the presidium.
(4) Each arbitrator appointed by the presidium shall have the right to decline assumption of the arbitration without stating any reasons within a period of 14 days after appointment.
§10 Supervision
(1) The arbitrators shall be under the supervision of the presidium in matters regarding the standing order and administration.
(2) When the rejection of an arbitrator is granted or the arbitrator is suspended, legally removed from the list of the Salzburger Rechtsanwaltskammer or from the list of resident European lawyers in Salzburg or if he dies or has declined assumption of the arbitration, the replacement arbitrator shall be appointed according to the provisions of these arbitration rules in the same manner as the arbitrator to be replaced. The replacement arbitrator shall be indicated to the secretarial office within 4 weeks, or the new arbitrator shall be appointed by the presidium. This shall be pursuant to § 7.
(3) The new arbitrator enters the arbitration proceedings in the state they were in when his predecessor left it. If the arbitrator deems this necessary, he may demand that individual steps of the proceedings be repeated.
§ 11 Performance of the proceedings
(1) For performing the proceedings, the principles of the ZPO (Code of Civil Procedure) shall apply. The following provisions shall not be applied:
a. §§ 239 - 242 ZPO on the first day's agenda
b. § 171 ZPO on the public proceedings
c. §§ 222f ZPO on the court holidays.
d. §§197 - 203 ZPO on the meeting police
e. §§ 396 - 403 ZPO on default judgments
f. §§ 417 Abs 4 and 4! 7a ZPO on shortened execution of decisions
g. §§ 548 - 545 ZPO on the client procedure
h. §§ 555 - 559 ZPO on the procedure in case of mutual disputes
i. §§ 560 - 576 ZPO on termination procedures
j. §§ 461 - 528 a ZPO on remedies
k. §§ 63 - 73 ZPO on legal aid.
The provisions of the ZPO (Code of Civil Procedure) on the arbitration proceedings must be applied where nothing else results from the arbitration rules. The same applies to provisions §§ 378 et seqq EO on interim injunctions
(2) The Arbitration Court shall determine the law to be applied to the case itself according to the Austrian conflict of laws provisions if the parties have not agreed on making another applicable law the relevant one.
(3) The Arbitration Court must only make a decision by equity if expressly authorized to it by the parties.
§ 12 Arbitration rulings
The arbitration rulings need to comply with the provisions of §§ 390 et seqq. ZPO (Code of Civil Procedure) regarding contents and form. Any execution of the arbitration rulings shall be submitted to the secretarial office.
§ 13 Costs
(1) The claimant shall pay the arbitration fees when making his complaint. The amount of the arbitration fee shall depend on the fee table appended to these arbitration rules; the arbitration fee shall also include a lump sum for administrative costs for the Salzburger Rechtsanwaltskammer. The arbitration fee serves to pay the Arbitration Court or the senate. The complaint shall only be serviced when the arbitration fee was paid in full.
(2) Where a case requires extraordinary effort of the arbitrator or senate, the parties shall have the right to agree on a respective higher payment for the arbitrator or senate.
(3) Where the arbitration fee must be increased during a procedure because the value at dispute increases, the provisions of para 1 must be observed. Until this additional fee is required, the increase of the value at dispute is not to be considered for the arbitration proceedings.
(4) Where the parties agree on requesting the senate procedure as opposed to the use of a single arbitrator for the Arbitration Court as intended by these arbitration rules, the arbitration court shall only act in the senate procedure after submission of the arbitration fee difference; until then, the request shall not be considered.
(5) Where the Arbitration Court considers it necessary to appoint experts or use an interpreter, this shall be indicated to the parties including the expected costs, and the party putting forward evidence shall be required to make an advance payment for the costs within a period to be determined. When the cost prepayment for the expert or interpreter is not paid in time to the
Arbitration Court, the proceedings shall be continued without appointment of the expert or including of an interpreter.
§14 Reimbursement for Costs
(1) The arbitration fees shall be determined according to the value at dispute according to the cost table included in these arbitration rules. Cash expenses such as experts' fees, interpretation and translation costs shall be determined in addition to the arbitration fees and according to actual expense.
(2) For reimbursement for costs, the provisions of §§ 40 et seqq ZPO (Code of Civil Procedure) shall apply mutatis mutandis
§ 15 Confidentiality
The arbitrators shall be obliged to keep unlimited confidentiality.
§ 16 Amendments to the Arbitration Rules
(1) These arbitration rules of the Salzburger Rechtsanwaltskammer and the table of fees can be amended by decision of the committee of the Salzburger Rechtsanwaltskammer. They always must be applied in the version applicable at the initiation of the introduction of the arbitration proceedings when the complaint is filed.
(2) When the agendas of the Arbitration Court of the Salzburger Rechtsanwaltskammer are to be applied to an Austria-wide lawyer Arbitration Court, the arbitration agreements should continue to remain valid as arbitration agreements for this Austrian lawyer Arbitration Court.
