Filip Zacek
Filip Zacek is an associate at Nueber Konzett Rechtsanwälte in Vaduz. He has several years of practical experience in various areas of law, having worked in a law firm for several years. He specializes in corporate law, commercial law and commercial criminal law.
Practice Area
Panel
- Contributing Author
Experience
- Rechtsanwaltskanzlei Hechenberger KG (2022 - 2024)
Qualifications
- LLB (2021)
- LLM (2023)
Education
- Leopold-Franzens-Universität Innsbruck – (2021, 2023)
3 Contributions by Filip Zacek
PRACTICE NOTES
Austria as an arbitral seat: Model Law-based ACCP, Supreme Court-only set-aside, consumer and employment restrictions, and VIAC
Owing to Austria’s central location and enduring political neutrality, it commands a well-established reputation for settling international commercial disputes. Consequently, Austria stands among Europe’s principal centres for arbitration. This Practice Note outlines key considerations for parties evaluating Austria as the juridical seat. For more on the arbitral seat, see Practice Notes: The seat of the arbitration and Choosing the seat of arbitration.
Why Austria?
political neutrality
modern, well-developed arbitration law (a UNCITRAL Model Law country)
sophisticated international administering institution (Vienna International Arbitral Centre (VIAC))
arbitration-friendly courts
applications to set aside an arbitral award are determined by the Supreme Court as the first and only instance
very active arbitration community
strong ties with Central and Eastern Europe and South Eastern Europe, alongside growing links with China
The legal environment
Austrian arbitration law is contained in sections 577 to 618 of the Austrian Code of Civil Procedure (ACCP). In 2006, the framework was comprehensively overhauled, drawing on the UNCITRAL Model Law on International Commercial Arbitration (the Model Law)...
Arbitration
PRACTICE NOTES
How to commence a VIAC arbitration under the 2021 Vienna Rules: Statement of Claim, service, non-compliance, joinder, consolidation and costs
This Practice Note outlines how to initiate arbitration under the Vienna International Arbitral Centre (VIAC)’s Arbitration Rules 2021 (the Vienna Rules), including options for joinder and consolidation. The 2021 Vienna Rules came into force on 1 July 2021 and apply to all proceedings begun on or after that date. If your arbitration proceeds under the Vienna Rules 2018, which took effect on 1 January 2018, you should consult the earlier version of the rules.
Jurisdiction of VIAC
As set out in article 1 of the Vienna Rules, VIAC is the Permanent International Arbitration Institution of the Austrian Federal Economic Chamber. VIAC is empowered to administer arbitral proceedings of a domestic or international nature. VIAC is also competent to administer mediation proceedings.
How to commence a VIAC arbitration
Submitting a Statement of Claim
Under the Vienna Rules, proceedings are initiated by filing a Statement of Claim with the Secretariat of VIAC. The arbitration is regarded as commenced on the date the Secretariat receives the Statement of Claim (Vienna Rules, art 7(1)). The claimant must submit the Statement of Claim and accompanying exhibits in sufficient copies for the Secretariat, each arbitrator and each party...
Arbitration
PRACTICE NOTES
VIAC Arbitration Rules 2021 (Vienna Rules): Answering the Statement of Claim, Making Counterclaims, Time Limits, Service and Transmission of the File
This Practice Note explains how to deal with arbitration started under the Vienna International Arbitral Centre (VIAC) Arbitration Rules 2021 (the Vienna Rules). The 2021 Vienna Rules have applied from 1 July 2021 to all proceedings filed on or after that date. If your case is under the Vienna Rules 2018, in force from 1 January 2018, make sure you consult that earlier set of rules...
How to file the Answer to the Statement of Claim
The respondent must submit an Answer to the Statement of Claim within 30 days of service of the Statement of Claim (Vienna Rules, art 8(1)). The Answer must be delivered to VIAC both electronically and in hard copy. Each submission must be accompanied by exhibits in a sufficient number of sets for the Secretariat, every arbitrator and each party to the arbitration (Vienna Rules, art 12(1))...
The Answer to the Statement of Claim shall include (Vienna Rules, art 8(2)):
the respondent’s full name, address and other contact details
comments on the claimant’s request for relief and the facts on which the Statement of Claim is based, as well as the respondent’s specific...
Arbitration
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