Arbitration Amendment Act 2013 - 2013 Schiedsräg

Original Language Title: Schiedsrechts-Änderungsgesetz 2013 – SchiedsRÄG 2013

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118. Federal Law, which amalgles the arbitration procedure in the Code of Civil Procedure and the Law of the Court Fees (Arbitration Amendment Act 2013-arbitral award 2013)

The National Council has decided:

Article 1

Amendment of the Code of Civil Procedure

The Civil Procedure Code, RGBl. N ° 113/1895, as last amended by the Federal Law BGBl. I n ° 30/2012 as well as BGBl. I N ° 26/2013 (VfGH), is amended as follows:

1. § 615 together with headline:

" Jurisdiction

§ 615. The Court of Justice shall have jurisdiction to bring an action for the annulment of an award and the action to establish the existence or non-existence of an award as well as proceedings in matters under the third title. "

2. § 616 (1) reads:

" (1) The proceedings for the annulment of an award of arbitration and the action to establish the existence or non-existence of an award of arbitration shall be governed by the provisions of this Act concerning the proceedings before the Courts of the Court of First Instance, the proceedings in matters under the third title shall be governed by the provisions of the Non-Dispute Law on the proceedings of the first instance. "

3. The following paragraphs 8 to 11 are added to § 617:

" (8) In arbitration proceedings in which a consumer is a party, the action for the annulment of an award and the action for the determination of the existence or non-existence of an award, as well as for proceedings in matters relating to the arbitration proceedings, shall be the third title in the first instance, without regard to the value of the object of the dispute, jurisdiction in the jurisdiction of the national court of jurisdiction in civil law matters which is referred to in the arbitration agreement or whose jurisdiction in accordance with § 104 of the JN or, in the absence of such a designation or agreement, in the latter's Sprengel is the seat of the arbitral tribunal. If the seat of the arbitral tribunal is not yet determined or if it is not in Austria in the case of § 612, the Commercial Court of Vienna shall be responsible.

(9) If the legal dispute on which the award is based is a commercial matter in the sense of § 51 JN, the Regional Court shall decide in the exercise of jurisdiction in commercial matters, Vienna the Commercial Court Vienna.

(10) The proceedings concerning the appeal for the annulment of an award and the action to establish the existence or non-existence of an award shall be governed by the provisions of this Act, the procedure in matters relating to the The third title shall be governed by the general provisions of the Non-Dispute Law.

(11) At the request of a party, the public may also be excluded if a legitimate interest in it is represented. "

4. § 618 together with headline:

" Working Cases

§ 618. § 617 (2) to (8) and (10) and (11) shall apply in accordance with the provisions of Section 50 (1) of the ASGG in respect of arbitration proceedings in respect of labour law matters, whereby the regional courts shall be responsible for the jurisdiction of the regional courts in civil law matters as a whole. The Labour and Social Court, Vienna, the Labour and Social Court of Vienna, the proceedings of proceedings for the annulment of an award and the application for the determination of the existence or non-existence of a court of law Arbitration shall be governed by the provisions of the Labour and Social Courts Act. The Supreme Court decides on the basis of the principles of § § 10 et seq. ASGG compound senate. "

Article 2

Amendment of the Court Fees Act

The court fee law, BGBl. No. 501/1984, as last amended by the Federal Law BGBl. I n ° 15/2013, shall be amended as follows:

1. In tariff post 3, the heading in the column shall be: "Subject" :

Rate post

Subject matter

Level of charges

3

Flat Fees

(a) for the appeal proceedings of third instance in the case of a review interest

2. In the tariff post 3, in the columns "Subject" and "Amount of fees" The following content is added after the previous content:

Rate post

Subject matter

Level of charges

3

(b) for claims which fall within the jurisdiction of the Supreme Court in accordance with Section 615 of the ZPO

5% of the respective dispute, but not less than 5 000 euro

3. In remarks 1, 1a, 2 and 4 of the tariff post 3, respectively, after the turn of the "Tarifpost 3" the twist "lit. a" inserted.

In the case of subheading 3, the following notes 7 and 8 shall be added after note 6:

" 7. The flat rate fee according to the tariff post 3 lit. b is to be paid irrespective of whether the procedure is carried out until the end of the procedure. If the action is withdrawn before notification to the defendant, the lump-sum fees shall be limited to one quarter. The same shall apply if the action is rejected from the outset. Additional amounts already paid are to be repaid.

8. In a procedure for invalidity or recovery, the flat-rate fee is 3 lit in accordance with the rate of collective bargaining. (b) to pay only once; no additional fee shall be paid for the further procedures carried out as a result of the annulment or authorisation of the resumption. '

5. In the tariff post 12, the lit. f:

Rate post

Subject matter

Scale for the fee measurement

Level of charges

12

(f) proceedings for the court order of an arbitrator (§ 587 or 591 ZPO), the rejection of an arbitrator (§ 589 para. 3 ZPO) and the termination of the office of an arbitrator (§ 590 ZPO)

1.

before the Court of First Instance

2.

before the Supreme Court

402 Euro

2 010 Euro

6. In Art. VI the following Z 53 is added after Z 52:

" 53.

Tariff items 3 and 12 lit. f in the version of the Federal Law BGBl. I n ° 118/2013 will be 1. Jänner 2014 in force. They shall apply if the document which instituted the judicial procedure is to be applied to court after 31 December 2013. § 31a is referred to with this federal law in the tariff heading 3 lit. b and 12. lit. (f) newly established fee inventories subject to the proviso that the initial basis for the redetermination of these fee amounts was the final index number published by the Federal Statistical Office, Austria, for March 2011 Consumer price index 2000. "

Article 3

Entry into force and transitional provisions

(1) Art. 1 (amendment of the Code of Civil Procedure) occurs with 1. Jänner 2014 in force.

(2) § 615, § 616 (1), § 617 (8) to (11) and § 618 ZPO, as amended by Art. 1 of this Federal Act, shall apply if the pleadings instituted by the court proceedings are to be filed with the court after 31 December 2013.

Fischer

Faymann