Dr Michael Nueber
Michael Nueber is a lawyer and notary public in the Principality of Liechtenstein.
He also teaches as a professor of practice at the University of Liechtenstein and is a member of the International Advisory Board of the Vienna International Arbitral Centre (VIAC). Being the author of more than 50 publications on foundation and civil procedure law, he is recognised by international lawyer rankings as one of the leading law experts in his field.
Practice Area
Panel
- Contributing Author
Experience
- Gasser Partner in Liechtenstein (2021 - 2024)
- Nueber Konzett Attorneys at law (2024 - Present)
Membership
- ArbAut
- YAAP
- ASA below 40
- ICC YAF
- DIS 40
- RAA 40
Qualifications
- Bar examination in Austria (2015)
- Mag. iur. (2009)
- Dr. iur. (2012)
- Associate in international arbitration at Schönherr Rechtsanwälte and Zeiler Rechtsanwälte in Vienna (2013-2017)
- Master of Laws, LL.M (2017)
- Established European Lawyer and then Liechtenstein Attorney at Law (2020)
- Notarial examination Liechtenstein (2021)
Education
- University of Vienna (2009,2012)
- University assistant at Vienna University of Economics and Business with Prof. Dr. Georg Kodek (2009-2012)
- University College London (2017)
9 Contributions by Michael Nueber
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
Costs under the VIAC Arbitration Rules 2021: registration fees, payments, advances on costs, security, calculation and allocation
This Practice Note reviews the costs associated with arbitrations brought under the Vienna International Arbitral Centre (VIAC) Arbitration Rules 2021 (the Vienna Rules). The 2021 Vienna Rules came into force on 1 July 2021 and govern any proceedings begun on or after that date. They set out the typical categories of costs that parties are likely to incur during arbitrations conducted under the Vienna Rules. If your case proceeds under the Vienna Rules 2018, in effect from 1 January 2018, you should refer to that earlier text.
The registration fee
The claimant (or counter-claimant) must pay a non-refundable registration fee when filing the Statement of Claim (Vienna Rules, art 10(1)). The fee depends on the amount in dispute (Vienna Rules, Annex 3):
€500 where the amount in dispute is up to €25,000
€1,000 where the amount in dispute is between €25,001 and €75,000
€1,500 where the amount in dispute exceeds €75,000
If more than two parties are involved, the registration fee increases by 10% for each additional party, subject to a maximum uplift of 50%...
Arbitration
PRACTICE NOTES
Evidence in VIAC arbitrations under the Vienna Rules 2021: tribunal discretion, IBA guidance, Austrian mandatory law and costs
This Practice Note reviews evidence in arbitrations brought under the Vienna International Arbitral Centre (VIAC) Arbitration Rules 2021 (the Vienna Rules). The 2021 Vienna Rules entered into force on 1 July 2021 and govern any case filed on or after that date. If your case proceeds under the Vienna Rules 2018, effective 1 January 2018, you should refer to the earlier edition of the rules.
What do the Vienna Rules provide on matters of evidence?
As is typical of institutional arbitration, tribunals and parties are granted significant leeway in the preparation, presentation and handling of evidence. The Vienna Rules set only limited directions on evidential matters, reserving substantial procedural flexibility to the tribunal so it can tailor the process to the dispute. The key evidentiary provisions in the Vienna Rules are outlined below. Under article 28 of the Vienna Rules, the tribunal has broad authority to manage the arbitration in the way it considers appropriate...
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
PRACTICE NOTES
VIAC Arbitration Rules 2021: joinder, consolidation, expedited proceedings, arbitrator mandate termination, remission to tribunal and liability limitation
This Practice Note explores specific aspects of arbitrations brought under the Vienna International Arbitral Centre (VIAC) Arbitration Rules 2021 (the Vienna Rules), such as joinder and consolidation. The 2021 Vienna Rules entered into force on 1 July 2021 and govern any cases commenced on or after that day. Where your arbitration proceeds under the Vienna Rules 2018, which took effect on 1 January 2018, ensure you consult the earlier version of the rules.
Joinder of third parties
Vienna Rules, art 14 regulates the joinder of third parties to arbitrations under the Vienna Rules. In short, whether a third party is joined will be determined by the arbitral tribunal after it receives a Request for Joinder from a party or a third party, having (1) heard all parties to the arbitration and (2) considered all relevant circumstances (Vienna Rules, art 14(1)). A request to join a third party can be made:
at the same time as filing the Statement of Claim (in which case, further steps are required (Vienna Rules, art 14(3)))
at any other time after the proceedings have begun
The Request for Joinder shall contain the following, as specified by the Vienna Rules and applicable practice under art 14...
Arbitration
PRACTICE NOTES
VIAC Arbitration Rules 2021: Tribunal Powers—Procedure, Jurisdiction, Interim and Conservatory Measures, Security for Costs, Applicable Law and Awards
This Practice Note examines the scope of the arbitral tribunal’s powers in arbitrations commenced under the Vienna International Arbitral Centre (VIAC) Arbitration Rules 2021 (the Vienna Rules). The Vienna Rules 2021 came into force on 1 July 2021 and apply to any proceedings started on or after that date. If your arbitration proceeds under the Vienna Rules 2018, effective from 1 January 2018, ensure you consult the prior version of the rules.
Conducting the proceedings
The Vienna Rules grant the tribunal significant latitude in managing the procedure. Although it must honour any agreement between the parties, treat them fairly, and safeguard their right to be heard, the tribunal may adapt the process to the case’s particular needs (Vienna Rules, art 28). Other responsibilities of the tribunal under the Vienna Rules include:
setting the timetable and the number of written submissions, and fixing the hearing date (to be done by a sole arbitrator or the chairman) (Vienna Rules, art 30(2))
deciding whether an oral hearing is held in person or by alternative (virtual) means (Vienna Rules, art 30(2))
...
Arbitration
PRACTICE NOTES
VIAC Vienna Rules 2021: Constituting the Arbitral Tribunal; Appointment, Confirmation, Challenge, Removal and Replacement of Arbitrators
This Practice Note reviews the appointment and removal of the arbitral tribunal in proceedings brought under the Vienna International Arbitral Centre (VIAC) Arbitration Rules 2021 (the Vienna Rules). The Vienna Rules 2021 took effect on 1 July 2021 and apply to all cases commenced on or after that date. If your arbitration is proceeding under the Vienna Rules 2018, which came into force on 1 January 2018, you should consult the earlier version. The provisions on appointing and removing arbitrators are largely aligned with those of other leading arbitral institutions and with domestic arbitration laws...
The arbitrators
Subject to any further qualification requirements agreed by the parties, any natural person with full legal capacity may act as an arbitrator under the Vienna Rules (Vienna Rules, art 16(1)), a position that essentially mirrors section 586 of the Austrian Code of Civil Procedure. In addition, article 16(2) of the Vienna Rules regulates arbitrators’ independence and impartiality. Arbitrators are also required to keep confidential all information handled in the course of carrying out their functions (Vienna Rules, art 16(2)). This obligation is not expressed...
Arbitration
PRACTICE NOTES
Vienna International Arbitral Centre (VIAC) Arbitration Rules 2021: background, structure, administration, and key features (costs, remote hearings, advance on costs, investment cases, third‑party funding, domestic arbitrations, VIAC Portal)
This Practice Note explores the background and structure of the Vienna International Arbitral Centre (VIAC) and its Arbitration Rules 2021 (the Vienna Rules). With effect from 1 July 2021, the VIAC Rules are arranged in three parts: Part I, the Vienna Rules or Vienna Arbitration Rules; Part II, the Vienna Mediation Rules; and Part III, the Appendices to both sets of rules. Collectively, these are referred to as the Vienna Rules and Vienna Mediation Rules 2021. The Vienna Rules and Vienna Mediation Rules entered 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, make sure you consult the earlier version of the rules.
The development of the Vienna Rules
Founded in 1975 as a division of the Austrian Federal Economic Chamber, VIAC is the premier arbitral institution in Central and South-Eastern Europe and is among the leading institutions worldwide. Since then, it has administered more than 1,600 cases under its rules, commonly known as the Vienna Rules...
Arbitration
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