Arbitration Amendment Act 2013 - 2013 Schiedsräg

Original Language Title: Schiedsrechts-Änderungsgesetz 2013 – SchiedsRÄG 2013

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996354/schiedsrechts-nderungsgesetz-2013--schiedsrg-2013.html

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118. Federal law that modifies the arbitration procedure in the code of civil procedure and the Act on court fees (arbitration Amendment Act 2013 - SchiedsRÄG 2013)

The National Council has decided:

Article 1

Amendment of the code of civil procedure

The civil procedure RGBl. No. 113/1895, as last amended by Federal Law Gazette I no. 30/2012 changed as well as Federal Law Gazette I no. 26/2013 (Constitutional Court), as follows:

1 § 615 is together with the heading:

"Jurisdiction

§ 615. The action for annulment of an arbitral award and the action on the determination of the existence or non-existence of an arbitral award, as well as for proceedings after the third title of the Supreme Court is responsible for."

2. paragraph 616 paragraph 1:

"(1) the proceedings on the application for annulment of an arbitral award and the application for determination of the existence or non-existence of an arbitral ruling depends on the provisions of this law on the procedure in the courts of first instance, the procedure in matters after the third title depends on the provisions of the except-dispute law on the procedure of first instance."

3. § 617 be added following paragraph 8 to 11:

"(8) in arbitration, in which a consumer is party, the regional court from exercising jurisdiction in civil cases is responsible for the action for annulment of an arbitral award and the lawsuit on determination of the existence or non-existence of an arbitral award, as well as for proceedings after the third title in the first instance without regard to the value of the dispute, was referred to in the arbitration agreement or whose Zuständigkeit agreed according to § 104 JN or" , if a such designation or agreement is missing, in whose jurisdiction is located the seat of the Arbitration Court. Also the seat of the arbitral tribunal is not yet determined, or it is in the case of § 612 in Austria, the Vienna commercial court is responsible.

(9) is the underlying the arbitration dispute a trade deal in the sense of § 51 JN, the District Court in the exercise of jurisdiction in commercial matters, in Vienna the Vienna commercial court shall decide.

(10) the procedure regarding the application for annulment of an arbitral award and the application for determination of the existence or non-existence of an arbitral ruling depends on the provisions of this Act, the procedure in matters after the third title depends on the terms of the non-armed law.

(11) on request of a party the public can be excluded also, if a legitimate interest is established."

4. 618 paragraph with heading:

"Work cases

§ 618. For arbitration in labour cases pursuant to § 50 para 1 ASGG applies section 617 para 2 to paragraph 8 and paragraph 10 and 11, where the State courts carry out jurisdiction in civil cases the tribunals as labour and social courts shall be replaced, to the Office of the commercial court of Vienna of the labour and social Court of Vienna; the proceedings on the application for annulment of an arbitral award and the application for determination of the existence or non-existence of an arbitral ruling depends on the provisions of the labour and social Court Act. The Supreme Court will decide by one according to the principles of article 10 et seq. "ASGG composite Senate."

Article 2

Amendment to the court fees Act

The court fees Act, Federal Law Gazette No. 501/1984, as last amended by Federal Law Gazette I no. 15/2013, is amended as follows:

1. in tariff post 3 is the title in the "Subject" column: collective post









Subject









Amount of fees











3







Flat fees a) for the appeal in third instance when the interest of a revision





 





 





2. in tariff post 3, the following content is attached after the previous content in the column of "Item" and "Fees":



Collective post









Subject









Amount of fees











3







(b) for actions which fall CCP within the jurisdiction of the Supreme Court pursuant to § 615





5% of the value of the dispute, but at least 5 000 euro





 





3. in the notes 1, 1a, 2 and 4 to the collective post 3, the phrase "lit. is each after the phrase"Collective post 3" a"inserted.

4. in tariff post 3 6 following notes 7 and 8 be added to the note:

"7. the flat-rate fee according to tariff post 3 lit. b is without pay due to the fact, whether the procedure is performed to the end. Is withdrawn the action before delivery to the respondent, the flat fees on a quarter decrease. The same also applies if the complaint is rejected from the outset. Already paid additional amounts are to be paid back.

8. in a proceeding a nullity or complaints, the flat fee is lit according to tariff post 3. b only once to be paid; for further proceedings conducted as a result of the annulment or the approval of the recovery no additional fee must be paid."

5. in the tariff post 12 is the lit. q: rate post









Subject









Scale for the tax









Amount of fees







 









12







f) procedure for the judicial appointment of an arbitrator (§ 587 or 591 ZPO), on the challenge of an arbitrator (section 589 para 3 ZPO) and of the termination of the Office of an arbitrator (article 590 ZPO)



1. before the Court of first instance of 2 before the Supreme Court



402 euro

2 010 euro





6. in article VI 52 following Z 53 is attached to the Z:



"53. the tariff items 3 and 12 lit. f as amended by Federal Law Gazette I no. 118/2013 with 1 January 2014 into force. You are to apply when the brief introductory the judicial procedure is installed after December 31, 2013 at court. § 31a is 3 lit with this federal law in the tariff item. b-12 lit. "f newly created charges was to the proviso to apply that basis published for the new determination of the amounts of these fees for March 2011 final index number of the of the Federal statistics 2000 is Austria of suggested consumer price index."

Article 3

Entry into force and transitional provisions

(1) article 1 (Amendment of the code of civil procedure) shall enter into force 1 January 2014.

(2) § 615, 616, para 1, § 617 para 8 to 11 and § 618 are CCP as amended by article 1 of the Federal Act apply if the brief introductory the judicial procedure is used after December 31, 2013 at court.

Fischer

Faymann