347. Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the Arbitration Rules of the Stock Exchange for Agricultural Products in Vienna

Because of the nature. XIII of the Law of 1 August 1895 concerning the introduction of the law on judicial proceedings in civil litigation, RGBl. No. 112/1895, as last amended by the Federal Law BGBl. I No 30/2009, shall be ordered:

table of contents:
I.	Jurisdiction (§ § 1 to 3)
II.	Referee collegium (§ § 4 to 12)
III.	Secretaries (§ 13)
IV.	Formation of arbitral tribunals (§ § 14 to 17)
V.	General procedural rules (§ § 18 to 34)
VI.	Proceedings up to the award of the award (§ § 35 to 46)
VII.	Arbitration ruling (§ § 47 to 52)
VIII.	Legal remedies (§ § 53 and 54)
IX.	Arbitration Fees (§ 55)
X.	Final provisions (§ § 56 to 60)

I. Responsibility

Responsibility for exchange transactions

§ 1. An arbitral tribunal shall be held on the Vienna Stock Exchange for agricultural products. Disputes arising out of exchange transactions shall be decided by the arbitral tribunal.

Responsibility for off-the-counter goods transactions

§ 2. (1) The jurisdiction of the arbitral tribunal shall also be subject to disputes arising out of transactions concluded outside the stock exchange, but only under the following conditions:

1.		Each of the parties to the dispute is a registered civil society, an entreponent, a legal entity, a public corporation, a member or a visitor to the stock exchange, or a person who is professionally engaged with the the production, trade or processing of the movable property which forms the object of the business, or which uses such movable property in its industrial, commercial or commercial operations;
2.		the transaction which is the subject of the dispute relates to goods which are the subject of the stock exchange under the provisions of the stock exchange status;
3.		In accordance with Section 583 (1) of the ZPO, both parties to the dispute have submitted an arbitration agreement to the award of the arbitral tribunal. The arbitral contract may also be concluded in general for the transactions concluded between the two parts directly or through the intermediary of a third party; however, the effectiveness of such agreements may at any time be concluded for further action. closing transactions shall be revoked unilaterally in writing Registered entrepreneurs and members or visitors of the Exchange for Agricultural Products in Vienna are already subject to the adoption of a closing letter, which contains the provision that litigation of the business by the arbitral tribunal to shall be subject to the decision, unless the designated provision or the final letter in general is immediately contested as contrary to the contract or the final letter is redeemed without remark.

(2) Contracts for the sale of goods within the meaning of paragraph 1 shall also apply to contracts for the purpose of contracts, contracts for the purpose of association for individual commercial transactions relating to goods for the Community invoice, exchange of goods, including contracts, with: self-employed commercial agents and the aid operations used for the movement of goods.

(3) In the case of foreigners, the conditions set out in paragraph 1 (1) (1) shall not apply. They shall, even if they are not registered entrepreneurs and not members or visitors of the Exchange, be subject to the arbitral tribunal within the meaning of Section 1 Z 3 by the acceptance of a closing letter.

Other responsibilities

§ 3. (1) Registered entrepreneurs, members or visitors of the Exchange for Agricultural Products in Vienna shall, under the conditions of § 2 (1) (1) and (2), be made up of transactions between them on or outside the Exchange by means of an exchange of information between the the stock exchanges ordered by the stock exchange shall be subject to the arbitral tribunal even if both parties have received final letters which have been submitted by the stock exchange and which contain the provision that disputes arising out of the transaction shall be decided by the arbitral tribunal. However, the jurisdiction of the arbitral tribunal does not occur if the subjugation was expressly excluded under the arbitral tribunal before or when the contract was issued to the exchange office.

(2) The jurisdiction of the arbitral tribunal shall also extend to the disputes between the parties and the stock exchange.

(3) The provisions of paragraphs 1 and 2 shall also apply if, instead of a stock exchange, another person who has been authorised by the stock exchange to carry out intermediary activities on this stock exchange has been acting as a mediator (paragraph 1). 1) or is involved in the dispute (par. 2).

II. Referee Collegium

Free of charge of the referee's office

§ 4. The office of an arbitrator is an honorary office and is not associated with any references.

Referee Collegium

§ 5. (1) The referee collegium shall consist of 30 referees.

(2) The inclusion in the referee collegium has been successful in:

1.		twelve arbitrators by means of election by the members of the stock exchange;
2.		twelve arbitrators from the circle of the members of the stock exchange by means of election by the Börsekammer;
3.		three referees by means of an order by the Austrian Chamber of Agriculture ("List Judges");
4.		three referees by appointment by the Austrian Chamber of Commerce ("Listing Judges").

Elections

§ 6. (1) The election of the arbitrators in accordance with Section 5 (2) Z 1 shall be made simultaneously with the elections in the stock exchange. The arbitrator may choose any member of the stock exchange that is at least 30 years old. The provisions relating to the right to vote and to the electoral procedure in accordance with the provisions of the Austrian Stock Exchange Act shall apply mutably to the election.

(2) The election of the arbitrators pursuant to § 5 para. 2 Z 2 shall be made in the constituent meeting of the stock exchange.

Term of office of arbitrators

§ 7. (1) The term of office of the arbitrators shall be four calendar years, beginning with the 1. Jänner of the year following the election or order. Re-election or order is allowed.

(2) The number of replacement orders and replacement orders can be made at any time for filling vacant positions. The term of office of the arbitrators elected or appointed for the purpose of compensation shall end with that of the referee collegium, which is in office at the time of his appointment.

Announcement and insult to the referees

§ 8. (1) The list of names of the elected and appointed arbitrators (referee list) shall be made known in accordance with § 26 and shall be communicated to the Landeshauptmann of Vienna. The arbitrators ' election and order bodies must emerge from the list of arbitration judges (Section 5 (2)).

(2) The arbitrators shall be appointed by the President of the Commercial Court of Vienna in accordance with the Ordination of 26 March 1903, RGBl. No. 71, to be begued. The request for the acceptance of this funeral has to be assumed by the stock exchange.

Leadership of the Arbitration Board

§ 9. (1) In the first plenary meeting after the beginning of the term of office (Section 7 (1)), the referee shall elect a president and a first, second and third vice-presidents from the circle of arbitrators; during the term of office, a of these vacancies, has a number of replacement parts.

(2) The President shall be represented in his office in the event of prevention by a Vice-President. If the Vice-Presidents are also prevented, the President shall be represented by the oldest arbitrator residing in Vienna; among the arbitrators with the same term of office, the age of life shall be decided.

(3) The President shall ensure that there is at all times a sufficient number of arbitrators to form the individual arbitral tribunals.

Meetings of the Arbitration Board

§ 10. (1) The referee collegium shall be convened and chaired by the President.

(2) The President shall convene a meeting of the Arbitration Board if it requires the business of doing business or if ten members of the College or the Chamber of the Exchange ask for the President to be convened in writing, stating the reason for the decision.

(3) A meeting of the Arbitration Board shall be quorum if all arbitrators have been invited and, including the President, at least one tenth of the arbitrators are present.

(4) The meetings of the Arbitration Board shall be accompanied by a Secretary of the Arbitration Court with a consultative vote.

5. The College of Arbitration shall decide on the matters referred to in § 12, with the presence of at least half of the members, by a simple majority and by the President's or a Vice-President's ambot. Two-thirds majority. In the event of a tie, the President's vote shall indicate the rash. The person concerned shall not be present in the decision on the dismissal of the President, Vice-President or Arbitrator.

(6) Each arbitrator shall be entitled to require prior to any vote that the arbitrator shall be secret; otherwise, no secret ballot shall be taken.

(7) Meetings shall not be public.

(8) The referee collegium may decide that respondents are to be consulted on individual items on the agenda. They are obliged to secrecy about all the facts that have been brought to their attention during the meeting.

Loss and ruin of the referee's office

§ 11. (1) An arbitrator shall lose his office if he/she:

1.		loses its eligibility to stand as a candidate;
2.		a written declaration of renunciation;
3.		otherwise loses his right to visit as an exchange visitor;
4.		in the case of a deliberately committed act which is punishable by more than one year's imprisonment;
5.		of his office (§ 12).

(2) If a court proceedings are initiated against an arbitrator, which may lead to a decision to be taken as a result of the loss of the Office, or if he has the right to rest, his office shall rest until the end of the court proceedings. the final conclusion of the procedure or for the duration of the visit's permission. The President may, for the duration of the exclusion procedure, have the right to visit the site.

(3) The loss of office or the appointment of the Office shall be determined by the President of the Arbitration Board.

Procedures for breaches of duty by arbitrators

§ 12. (1) If the President of the Arbitration Board is guilty of a gross breach of duty by an arbitrator, in particular a repeated undue failure or neglect of the official duties, or a canonization or a canonization of the duties of the arbitrator, or partisan actions, he has to raise the matter closely and to obtain the decision of the refereeing collegium. Before the decision is taken, the arbitrator shall be given the opportunity to express his views on the accusations against him.

(2) The College of Arbitration may issue an admonition and the order of appropriate measures, as well as the decision of the elected arbitrators to be dismissed by the Office. The decision shall be notified to the arbitrator, stating the reasons for the decision. If the decision is taken against an appointed arbitrator, the board entitled to appoint an arbitrator shall be informed of the decision (Section 5 (2) (Z) 3 and (4)).

III. Secretaries

§ 13. (1) The secretaries must have successfully passed the notary's, the lawyer's or the judicial review and are appointed by the Börsekammer. Your order has to be approved by the Federal Ministry of Agriculture, Forestry, Environment and Water Management in agreement with the Federal Ministry of Justice.

(2) The secretaries communicate the traffic of the parties to the arbitral tribunal, accept claims, give the parties the necessary guidance to carry out the proceedings and to respect their rights, deprive the parties of the negotiations, supervise the Law Office of the Arbitration Court, in particular the delivery system, shall take the necessary orders to convene the individual arbitral tribunals, obtain the written records during the proceedings, take the decisions of the Court of Arbitration, Arbitral tribunals with a consultative vote participate and make their decisions.

(3) The secretaries are subject to their administrative duties in the case of the arbitral tribunals of the official supervision of the stock exchange. With regard to its consultative legal activity within the framework of the Art. XV EGZPO they are independent.

IV. Formation of arbitral tribunals

Composition of the individual arbitral tribunals

§ 14. (1) The arbitral tribunal shall consist of three arbitrators. These must be present at the hearing as well as during the decision-making process-in case of other invalidity (§ 53).

(2) If a change in the person of one of the arbitrators occurs before the award of the award (Section 17 (2)), the oral proceedings in the amended composition shall be made subject to the application of the action, the evidence brought to the proceedings and the Rerun the negotiation protocol.

(3) The valid composition of the arbitral tribunal also requires that a secretary be given to the trial and decision-making.

Education of the individual arbitral tribunals

§ 15. (1) Each party to the dispute shall elect a arbitrator and, in the case of the prevention of this arbitrator, one or more substitute arbitrators. The two arbitrators chosen by the parties to the dispute shall elect a chairman of the referee from the collegiate court. If the elected arbitrators are unable to agree on the Obmann, he will be appointed by the President of the Arbitration Board.

(2) The fact that the referee collegium was not complete at any time due to loss or ruin of the office or temporary prevention of individual arbitrators does not constitute an objection to the meeting of the individual arbitrator. Arbitration tribunals and against the falsified arbitration award.

Election of referees

§ 16. (1) The election of the arbitrator and the substitute arbitrator by the plaintiff shall in principle take place in the action. If the plaintiff does so, he shall be requested in writing by the Secretary, with the announcement of the consequences of failure and the submission of the list of referees, that the arbitrator and the arbitrator shall be elected within a period of time to be determined. To make a replacement arbitrator.

(2) In spite of a request, the plaintiff shall not allow the arbitrator and the substitute arbitrator to be elected, so that no proceedings shall be initiated on his action.

(3) At the same time, the defendant shall be invited to vote for the arbitrator at the same time as the delivery of the lawsuit and summons to the oral proceedings. In this case, the referee list must be sent to him.

(4) If the defendant does not carry out the election in time, the President of the Arbitration Board shall appoint an arbitrator from the Arbitration Board instead of an arbitrator.

(5) Disputes have to be agreed on the election of the arbitrators; if, in the case of passive contenters, an agreement is not reached within the period specified by the Secretary, the President of the Arbitration Board shall have the right to vote in the case of the arbitrator. Contenters proposed to appoint a referee to appoint a referee.

(6) In the case of referral to the arbitral tribunal from the ordinary court to the arbitral tribunal, both parties to the dispute shall be called upon to vote for the election of the arbitrators. In this case, the President of the Arbitration Board also has to appoint the arbitrator for the defaulting plaintiff.

(7) The election of arbitrators may also be recorded in the minutes.

Duty of service

§ 17. (1) The arbitrators chosen in the individual case and the chairman are obliged to exercise their duties; the President of the Arbitration Board decides on the admissibility of a refusal.

(2) If an arbitrator is prevented from being held at the trial, one of the substitute arbitrators referred to by the party shall enter his position. If the substitute arbitrators are also prevented, the President of the Arbitration Board shall appoint the arbitrator for that party.

V. General procedural rules

Consultation and decision-making

§ 18. (1) Consultation and decision-making by the arbitrators shall be held in secret, and a special protocol shall be established on this basis. The arbitral award as well as all decisions of the arbitral tribunal shall be made after the unconditional majority of the votes. The Obman gives his/her voice only in the case of a tie.

(2) No arbitrator may refuse to vote on a question asked for decision-making. This applies in particular to the fact that it has remained in the minority in the vote on a preliminary question. The jurisdiction of the arbitral tribunal, the need for additions to the proceedings and other preliminary questions must always be put to the vote first. If, with regard to the determination of the majority of votes, difficulties arise which are not remedied by dividing the questions and repetition of the survey, the chairman has the question of which decision should be taken, into the individual, for which: (a) to dissolve significant points and, by opening a special vote on them, to make a decision on the subject of the negotiation in a suitable manner.

(3) The arbitral tribunal itself decides on any disagreements that arise on the accuracy of the result of a vote announced by the Obmann.

Exclusive and rejection of arbitrators and secretaries

§ 19. (1) An arbitrator may be rejected by the parties to the dispute:

1.		if it is excluded from the exercise of the arbitrator's office, or
2.		if there is a sufficient reason to raise doubts about its impartiality, independence or impartiality.

(2) An arbitrator shall be excluded from the exercise of the arbitrator's office:

1.		in matters in which he or she is a party or, in his view, he or she is party to a party in the relationship of a co-entitled, a co-obligated or a regressive party;
2.		in the case of his wife or those persons who are in a straight line with him or who are not, or with whom he is related in the sidelines to the fourth degree or in a second degree, is not;
3.		in matters in which he or she is one of the party representatives in one of the relationships or weakeners referred to in Z 2;
4.		in matters of his choice-or foster parents, choice-or foster-care children, or caregions;
5.		in matters in which he was appointed or appointed as an authorized representative of one of the parties.

(3) An arbitrator shall, from the date of his appointment to and during the arbitration proceedings, immediately disclose to the parties the circumstances referred to in paragraph 1 (1) (2).

(4) Arbitrators in respect of which one of the conditions referred to in paragraph 2 is present shall be obliged to abstain from the exercise of the judge's office in this case and shall immediately be notified by the President of the Arbitration Board .

(5) A party may no longer refuse an arbitrator for concern about impartiality, independence or partiality if, without claiming the ground of refusal, it has admitted to the trial.

(6) The grounds for exclusion and refusal shall also apply to the secretaries.

Decision on exclusion and rejection

§ 20. (1) The President of the Arbitration Board decides on the admissibility of a rejection requested by a party to the dispute before the day of the trial, and on the exclusion indicated by an arbitrator or secretary. However, if the decision of the President is not made before the start of the hearing, or if the existence of any of the grounds for refusal referred to in § 19 is not made by either of the parties to the dispute or an arbitrator or secretary, only on the day of the negotiations , the arbitrators shall, in the absence of the arbitrator or the secretary concerned, have the right to decide. In the event of a tied vote, the arbitrator or secretary, in respect of which one of the reasons cited in § 19 has been invoked, has to abstain from participating in the proceedings and the decision of the dispute.

(2) If the majority of the arbitrators are rejected, the admissibility of the requested rejection shall be decided by the President of the Arbitral Judicial Panel.

(3) In the case of the outgoing arbitrator, one of the substitute arbitrators referred to by the party to the dispute shall be replaced by the arbitrator. If no substitute arbitrator comes into consideration, the President of the Arbitration Board shall appoint the arbitrator. In place of the outgoing Obman, the referees have to choose another Obmann. In place of the retiring secretary, another secretary has to step in.

Dispute promulgation and side intervention

§ 21. The provisions of the ZPO have to be applied in accordance with the provisions of the ZPO by means of the participation of third parties in a dispute (dispute settlement, side intervention).

Representation of the parties

§ 22. (1) The parties shall be entitled to be represented by the arbitrator before the arbitral tribunal. However, the representation by an authorised representative does not preclude the party from appearing before the arbitral tribunal in the company of its authorized representative and, in addition to this oral statement, issue an oral explanation.

(2) As party representatives, they may appear before the arbitral tribunal:

1.		Lawyers, officials responsible for the financial procuration and the officials of the managing authorities, provided with the legitimation of the financial procuration;
2.		public partners, procurists and other employees of the parties;
3.		Members and visitors to the Exchange and Arbitrators pursuant to Section 5 (2) (3) and (4);
4.		Court-appointed curators or non-prosecutors.

(3) In the case of the first process act carried out by them, authorised agents have to prove their authorization by means of a written authorisation. The declaration of the party on the authorised delegation may also be recorded in the minutes. If a lawyer intervenes, the appointment shall be replaced by the authorization given to him by his/her official proof.

(4) In the absence of the documentary evidence, Section 38 (1) and (2) of the ZPO is to be applied in the appropriate manner.

Process Cost

§ 23. (1) Each party shall first of all dispute the costs caused by its process actions.

(2) The party wholly underlying in the dispute shall, in its opponent, replace all costs caused by the conduct of the proceedings, necessary for the appropriate legal proceedings or legal defence. These costs also include the contribution to the costs of the arbitral proceedings, the administrative charges and the cost of the confiscation of a representative.

(3) The determination of the amount of the costs shall be determined by the arbitral tribunal. The decision to make a decision shall be included in the award. If the decision on the obligation to set the costs or the amount to be replaced is not required or is not possible until after the end of the arbitration procedure, a decision shall be taken in a separate award.

(4) In cases where a party is in part subject to, partly subject to, or is claimed to be liable for expenses on account of late introduction, unsubstantiated claim for action or fault or accidental incidents, the decision shall be made at: the appropriate application of the ZPO.

(5) Cost arrests outside arbitration proceedings, if neither an arbitral award nor a arbitration settlement have been concluded, the chairman of the arbitral tribunal shall be entitled to take charge of the secretary's office. In the event of the obmann's prevention, he shall replace one of the arbitrators of the relevant arbitration Senate. If none of the arbitrators is more in office or if an arbitral tribunal has not yet met, the President of the Arbitration Board shall be subject to the cost-fixing of the costs jointly with a Secretary.

Deliveries

§ 24. (1) The provisions of the ZPO shall apply mutatis mutinly to the provisions of the Court of Arbitration, on the understanding that deliveries in Vienna shall also be provided by staff of the Exchange assigned by the arbitral tribunal in accordance with the rules applicable to delivery by Judicial bodies may take place. The type of delivery shall be determined by the Secretary.

(2) Where a foreigner is served in his or her home state, the service shall be valid even if it does not comply with the provisions of the preceding paragraph but with those of the delivery state. Where a legal person or a registered company is served, the country of origin shall be considered to be the State in which it has its registered office (establishment).

Curator

§ 25. (1) If it is credibly made that the defendant's stay in which the action is to be served is unknown, a curator shall be appointed for him by the President of the Arbitration Board. The curator must be entitled to represent parties before the arbitral tribunal (Section 22 (2)).

(2) The order of the curator, his name, place of residence and a brief indication of the content of the document to be supplied shall be made known in addition to the designation of the arbitral tribunal and the dispute by edict. The edict shall contain the comment that the party for which the curator has been appointed shall be represented by the curator until their own occurrence or the name of a proxy is represented at their risk and expense.

(3) The Edict is to be published in accordance with § 26.

(4) Delivery shall be deemed to have been completed with the publication of the notice and the handing out of the document to be submitted to the curator.

(5) The costs of the contract notice and the ordering of the curator shall be without prejudice to the right to a replacement from the party, both of which have been initiated by the party's processing.

(6) If the service is to be delivered abroad and the confirmation of the delivery has not been received within a reasonable period of time, the plaintithing party may, depending on the situation of the case, be served by public notice (§ 25 Delivery Act) or the appointment of a curator and the delivery to the curator, with simultaneous publication by Edict. The same shall apply in the event that the service abroad has been tried in vain or that the request of the arbitral tribunal is not successful because of the obvious refusal of legal assistance by the foreign authority.

Notices

§ 26. Notices to be made in accordance with this Rules of Arbitration shall be made in the generally accessible entrances and on the website of the www.boersewien.at exchange.

Reinstatation in the previous stand

§ 27. (1) If a party has been prevented by an unforeseen or unwaxed event in the timely appearance or in the timely acceptance of a temporary act, and thereby no longer in the arbitral proceedings At the request of the applicant, it is to be granted the reinstatment to the previous stand.

(2) The application must be submitted within 14 days. This period begins with the day on which the obstacle which caused the failure has fallen away; it cannot be extended. Applications which appear to have been delayed are to be rejected without any further procedures.

(3) In the application, all circumstances justifying the request for reinstatement shall be indicated and the means for its credibility shall be disclosed. At the same time, the request is also to seek out the missed trial act itself or in the event of a failure to negotiate, which was to be brought forward for the preparation of the negotiations by the defaulting party.

(4) By granting the reinstatement, the legal dispute shall return to the situation in which he or she was present before the date of the entry of the failings. An award of arbitration which has already been issued as a result of the failure to reinstate shall be repealed when the reinstatement is granted. In the event of a reinstatment, the missed hearings may be made immediately.

(5) The party which has requested the reinstatement shall, on request, be without regard as to whether the application has been granted or not, the replacement of all costs which the opponent will have to pay due to the failure and through the negotiation of the , as well as the replacement of the costs of the procedure which has become ineffective as a result of the re-establishment of rights,

(6) A reinstatement does not take place due to the delay in the time limit for the lodging of the application for re-establishment and the failure of the deadline for the designation of the referees.

Interruption and rest of the procedure

§ 28. (1) The provisions of the ZPO shall apply mutatily for the interruption of the procedure.

(2) The parties may agree that the proceedings shall be held; such an agreement shall be effective from the date in which it has been indicated to the arbitral tribunal by both parties. The procedure shall also be suspended if none of the parties appear at the hearing. The rest of the procedure will last until one of the parties has submitted a request for continuation, but at least one month.

Public

§ 29. (1) Negotiations of the arbitral tribunal shall be public.

(2) The public shall be excluded if it appears to be at risk of morality or public order or if there is reasonable concern that the public shall be responsible for the purpose of disrupting the trial or the gravity of the It would be misused as a matter of fact.

(3) In addition, the arbitral tribunal may, at the request of only one of the parties, exclude the public if, for the purpose of the decision of the dispute, facts of family life have to be discussed and proved.

(4) The exclusion of the public may take place for the whole negotiation or for individual parts of the same. It shall not extend to the award of the award in any event. To the extent that the public is excluded from a trial, the public communication of the contents of the trial is prohibited.

(5) Negotiation on a request for exclusion of the public shall be made in a non-public sitting. The decision on the exclusion of the public must be publicly announced.

(6) If the public is excluded, any party may require that, in addition to its authorized representative, three persons of their trust be allowed to be present at the trial. In spite of exclusion from the public, access to the institutions entrusted with the exercise of the State Stock Exchange Supervisory Authority and the bodies of the Federal Ministry of Justice entrusted with the supervision of the activities of the Arbitration Court is still permitted.

Seat Police

§ 30. (1) The chairman of the arbitral tribunal shall ensure the maintenance of the order at the hearing. He is entitled to admonish persons who disrupt the trial by inappropriate amounts, and to make the orders necessary to maintain order.

(2) Statements of the case or of the disapation shall be prohibited. Anyone who is guilty of a disturbance of the trial, in spite of a reminder, can be removed from the trial. The removal of a person involved in the trial can only be ordered after a previous threat and a reminder of the legal consequences of such a warning.

(3) In the event that the party or its authorised representative has been removed from the trial, proceedings may be made on request in the same way as if it had voluntarily removed itself. Accordingly, in the absence of this party or its authorised representative, the trial can be continued with the other alone, closed and, if need be, a sentence of default of default. This means that the party or its authorised representative is to be alerted to the threat of its removal.

Comparison before the arbitral tribunal

§ 31. (1) The arbitral tribunal shall be entitled at any time of the trial to undertake a comparative trial, but in any event shall be obliged to do so before the end of the trial.

(2) The arbitral tribunal shall, at the request of one of the parties, take the comparison with the Protocol. The comparisons concluded before the arbitral tribunal shall be made by both parties. The comparison protocol is to be completed by the Obmann and the Secretary.

(3) The parties shall, upon request, issue a copy of the settlement.

Comparison outside the negotiation

§ 32. The parties may also appear outside of the trial before a jointly elected arbitrator and a secretary, and before they conclude a valid comparison. This comparison shall be recorded and shall be completed by the arbitrator, the secretary and the parties.

Load for comparison attempt

§ 33. Anyone who intends to bring an action before the Court of Arbitration in a dispute which has the jurisdiction of the arbitral tribunal, may, before the Court of Arbitration, charge the opponent's charge for the purpose of the comparative trial before a Secretary apply. The remaining of the charged opponent does not lead to a disadvantage for the said opponent. In the same way as in the case of § 31, a comparison can be made on request before a jointly elected arbitrator and the secretary. The proposals, findings and statements made by the parties during the settlement procedure shall not be binding on the following arbitration procedure.

Protocols

§ 34. (1) A protocol shall be carried out on each negotiation.

This has to contain:

1.		the indication of the time and place of the hearing, the names of the arbitrators, the secretaries, the parties and their representatives, a short name of the subject of the dispute, and whether the trial shall be public or excluding the the public was carried out;
2.		the designation of persons who have appeared as parties or their representatives for negotiation;
3.		party statements containing a restriction or amendment of the plea, an explicit recognition of a debt or a waive of rights to a claim or to appeal;
4.		the requests made by the parties during the proceedings, insofar as they concern the main matter or are relevant to the course or decision of the proceedings;
5.		in summary presentation, the content of the mutual presentation relating to the facts, together with the presentation of the evidence offered;
6.		the results of the evidence process;
7.		the court settlement or the arbitral awards and promulgated decisions, in particular the decision on the rejection of an arbitrator, the decision taken during the hearing on the jurisdiction of the arbitrator. of the arbitral tribunal and of a request made within the meaning of section 40;
8.		the determination of whether the two parties were present in the event of the award of the award.

(2) The minutes shall be drawn up in summary form after the hearing, on the basis of the written records of the secretary, and shall then be submitted to the parties for review and signature. If the party refuses to sign it, it must be noted in the minutes, stating the reason for the signature.

(3) The secretary may also use a sound carrier for the drafting of the negotiation protocol; in this case, the information referred to in paragraph 1 (1) (2) and (2) and the statement that a sound carrier is used for the remainder of the protocol , shall be included in the minutes of the negotiation in full.

(4) Comparison protocols are to be written and submitted for signature at the hearing.

VI. Proceedings until the award of the award

General

§ 35. (1) The parties shall be treated fairly. Each party shall be granted a right to be heard. The proceedings shall be determined at the discretion of the arbitral tribunal by the arbitral tribunal in so far as this order of arbitration is not otherwise determined.

(2) The arbitral tribunal shall also decide on interim disputes.

Lawsuit

§ 36. (1) The action shall be affixed either in writing or orally to a secretary. The action has the name of the parties by name (first and last name), employment, place of residence and party status and the name of the object of the dispute, the signature of the plaintiff himself or his legal representative, or Empowered to contain.

(2) In the action, the facts establishing the jurisdiction of the arbitral tribunal, as well as those facts on which the claim of the plaintiff is based, shall be concesce and complete, that the evidence must be specified in detail and the facts of the case shall be specified in the action of the Court of Justice. Plaintiffs elected arbitrators and substitute arbitrators to give. The lawsuit must contain a certain desire.

(3) The application of the application is to be handed over in so many identical copies that the defendant and/or the defendant respectively each of the defendants shall be sent a copy and, moreover, may be withheld one for the court records.

(4) De lawsuit is-except when the general jurisdiction of the arbitral tribunal is taken up (§ 1)-to join the final letter or the arbitration agreement in either copy or transcript (copy).

(5) The elimination of forming defects shall be ordered by the Secretary.

Return of the action

§ 37. If it follows from the action that the jurisdiction of the arbitral tribunal does not appear to be present, the action may be repudiated by the Secretary with the notice that the plaintiff is against this provision for the proper meeting of the Court of Arbitration. The Court of Arbitration may apply for a decision on jurisdiction.

Load

§ 38. (1) On the basis of the action, the Secretary shall have a trial to be held. Both parties are to be invited to this. At the same time, the defendant must be given an application for an application or a copy of the protocol recorded on the action and shall be given the opportunity to give its opinion (responsibility for action).

(2) The trial is to be held in such a way that the defendant is able to choose the arbitrator and the substitute arbitrator.

(3) In the summons, the parties to the dispute shall be aware that, in the event of non-appearance of a party to the dispute, the actual arguments of the disputed party to the dispute relating to the subject-matter of the dispute shall, in so far as it does not shall be refuted by the present evidence and shall be held in accordance with the present evidence and, on that basis, shall be decided by default on the request of the party to which the party has been published. In addition, the parties in the summons shall be notified of the rules on the representation of the parties before the arbitral tribunal (§ 22).

Withdrawal of the action

§ 39. (1) The action may only be withdrawn without the consent of the defendant until the beginning of the first hearing. If, at the same time, the claim is waived, the action may be withdrawn without the defendant's consent until the conclusion of the trial.

(2) In the case of a request for a withdrawal of the claim for reimbursement of expenses, which is due to the withdrawal of the action, it must be negotiated and decided by arbitration, unless the defendant is content with the mere cost-fixing (§ 23, para. 5).

(3) Applications referred to in paragraph 2 shall be submitted within four weeks of knowledge of the withdrawal of the application in the event of other claims loss.

Determination of competence

§ 40. (1) The arbitral tribunal shall, at the first scheduled hearing before attempting a settlement between the parties, take or enter into a settlement between the parties to which they have been extrajudicial, in particular: even before a slate claim is made, it is necessary to examine and establish its jurisdiction on its own initiative, even if the defendant did not raise the objection of lack of competence or did not appear at the trial. If the question of competence cannot be separated from the main issue, it is possible to negotiate both together.

(2) The objection of lack of competence of the arbitral tribunal shall be made at the latest with the first case of the matter. The main circumstances of the individual case for the jurisdiction of the arbitral tribunal are, in so far as they are not obvious to the arbitral tribunal, to be proved by the plaintiff.

(3) If the arbitral tribunal declares itself to be uncompetent, the action shall be rejected by arbitration. In that award, the plaintiff may, at the request of the plaintiffs, be convicted of the replacement of all the defendant by the appearance at the time of the trial and the recovery of costs incurred by a representative.

Language of proceedings

§ 41. The procedural language of the arbitral tribunal is German. The parties have to use this language for all written entries and for oral negotiations.

Negotiation and pleadings

§ 42. (1) The arbitral tribunal shall, at the time of the hearing, hear the parties with their information, statements and evidence of evidence and determine the facts on which the dispute is based.

(2) The arbitral tribunal may invite the parties to appear in front of him for the purpose of the investigation of the facts or for the clarification of questionable points.

(3) The arbitral tribunal may, if necessary, first instruct the parties to submit written observations. Such pleadings shall be submitted in two identical copies, one of which shall be notified to the other party and the other shall be annexed to the Court of Justice. Otherwise, written submissions, particularly those of a non-published party, cannot be considered.

Preparatory procedure

§ 43. (1) In litigation concerning the accuracy of an invoice or similar circumstances in which a significant number of claims or counterclaims and memories are to be negotiated, or if that is the case in the the actual claims of such scope, or of such a kind, that the order and the sighting of such an order constitutes, in order to speed up and simplify the verbal dispute, may be considered as necessary, the Arbitration court a preliminary proceedings before a commissioned referee or arrange before the secretary. The results of this procedure shall be recorded and shall be submitted to the arbitral tribunal.

(2) The parties shall be free to repeat their comments on the points at issue before the arbitral tribunal.

Taking of evidence

§ 44. (1) The arbitral tribunal may also hear parties, witnesses and experts under oath. The rules of the ZPO are applicable to the federal interrogation.

(2) In the event of a taking of evidence before the arbitral tribunal, or if a party, a witness or an expert is not willing to be heard or to be held by the arbitral tribunal, the competent district court shall be the subject of the To request the taking of evidence. Such a request may also be made if there is to be a taking of evidence outside of Vienna.

(3) The arbitral tribunal may, if it appears necessary to clarify the facts in dispute, decide that the Secretary shall be present in the case of the taking of evidence by the court. The costs of this confiscation of the secretary, the advance of which may be called for by the evidence-leading party, shall be decided in accordance with Section 23. This decision shall be notified to the Court of First Instance in response to the request for the taking of evidence.

(4) In order to seek evidence abroad, the Federal Ministry of Justice shall request mediation of the Federal Ministry of Justice unless experience has shown that judicial assistance is provided by the foreign courts on the direct request of the arbitral tribunal.

(5) If the inclusion of proof of proof precludes an obstacle of an indefinite duration, the feasibility of taking evidence is doubtful or if the taking of evidence is to be carried out abroad, the court may determine a period of time after which it shall be fruitless. Proceed the trial without regard for the outstanding evidence of the evidence. This also applies if the taking of evidence was made conditional on the timely income of a cost advance.

Conclusion of the hearing

§ 45. (1) If the necessary evidence has been recorded and the offered but not accepted has been rejected, the hearing shall be closed.

(2) The trial may also be declared closed prior to the inclusion of all approved proofs, if only the inclusion of individual evidence is outstanding and either the two parties renounce the negotiation of the outcome of such evidence. or the arbitral tribunal shall consider such a trial to be deprivable. In this case, after the taking of evidence files has been received, the arbitral tribunal shall be subject to the arbitral tribunal without any new order being arranged. The arbitral tribunal may order the re-opening of an already closed trial, if an enlightenment or supplement is still required.

Accusation of evidence

§ 46. (1) The arbitral tribunal shall, with careful consideration of the results of the entire trial and evidence, have a free conviction to assess whether or not an actual claim is to be held true.

(2) Where it is established that a party is entitled to compensation for damage or that it otherwise has to claim a claim, proof of the amount of the damage to be replaced or the claim not at all or only with disproportionate difficulties , the arbitral tribunal may, on request or on its own account, fix the amount of the amount of the evidence on offer, even if it has been offered a proof of payment of the amount offered.

(3) Where a number of claims asserted in the same action are individual, insignificant in relation to the total amount, and the full clarification of all the circumstances relevant to them is associated with difficulties which are relevant to the importance of: of the contested claims in no relation, the court may, in the same way (paragraph 2) decide on free conviction.

VII. Arbitration ruling

Arbitration ruling

§ 47. (1) The arbitral award in the main proceedings has to be dealt with by all the applications and objections concerning the main cause.

(2) The award shall not be in breach of mandatory law.

(3) The award of the award shall be subject to advice.

(4) If the duly loaded party fails to negotiate for the first time or fails to enter into the trial, the actual arguments relating to the subject-matter of the dispute shall be that of the contested party, insofar as it does not apply to the party concerned. the present evidence is refuted to hold true and, on that basis, to decide, at the request of the party to the dispute, on the plea for a plea by default.

(5) If the proof that the unpublished party has been duly loaded is not sufficient, the court may, at the request of the party that has been published, reserve the right to the award of the award up to a date to be determined by the arbitral tribunal and the trial closed. If the legal validity of the summons arises from the delivery note, which is received within the specified period, the right of default of the charge is to be rejected; otherwise, the application for the failure of the delay in arbitration shall be rejected and, if: possible to order a new negotiation.

(6) If the duly loaded party does not appear at a later stage of negotiations or fails to enter into the negotiations, the other party shall negotiate on its own.

Performance deadline

§ 48. (1) The obligation imposed in the case of arbitration for the performance of money shall, as a general rule, be fulfilled within 14 days; however, the arbitral tribunal may also, for such services and other types of benefit, be subject to an appropriate shorter or longer period of time. Deadline set. The period begins when both parties were present in the announcement of the award, with the announcement, otherwise with the delivery of the written copy of the award to the obligated party.

(2) The settlements concluded and logged before the arbitral tribunal shall have the same legal effect as the arbitral tribunals of the arbitral tribunal. The performance period shall be determined according to the contents of the comparison.

Adoption of the award

§ 49. (1) After the conclusion of the hearing by the Obmann, the award is to be announced orally or in writing within eight days-apart from the case of § 47 (5)-in writing.

(2) The award shall be based on the reasons for the award.

(3) In the case of arbitration in the case, the arbitral tribunal also has to decide on the obligation to pay the costs and to determine the amount of the costs to be replaced (§ 23).

Preparation of the award

§ 50. (1) The written copy of the award has to be included:

1.		the name of the arbitral tribunal and the names of the arbitrators and the secretaries who participated in the decision;
2.		the name of the parties by name (pre- and surname), employment, place of residence and party status, and the name of their representatives;
3.		the saying;
4.		the reasons for the decision;
5.		the date and place of the award of the award.
The sentence and the reasons for the decision are external to it.

(2) The copies of the award, determined for the court records and the parties, shall be signed by the Obmann and the Secretary.

(3) The chairman of the arbitral tribunal and the secretary shall ensure that the award of the award is properly made.

(4) Each party shall be responsible for issuing a written copy of the award from its own motion within 14 days of the date of the decree.

Corrigendum to the award

§ 51. (1) The arbitral tribunal may, at any time, correct any errors of writing, rewriting and printing or any errors of a similar nature in the award of the award or the copies thereof.

(2) The corrigendum shall be made in writing and shall be signed by the Obmann and the Secretary.

(3) The parties shall be notified of the correct arbitration award.

Legal Force Confirmation

§ 52. (1) At the request of a party, the entry of the legal force and enforceability shall be confirmed in writing by the secretary on a copy of the award or the settlement.

(2) With regard to all the executive steps, the Party shall apply to the appropriate ordinary court.

VIII. Legal remedies

Appeal against the award

§ 53. No legal remedy is admissible against the award. The extent to which an invalidity complaint or challenge is admissible, determine the nature of the case. XXIII and XXV EGZPO.

Resumption of proceedings

§ 54. The resumption of proceedings concluded by arbitration shall not be admissible.

IX. Arbitration Fees

Charges and other costs

§ 55. (1) For the activities of the arbitral tribunal in the implementation of arbitration proceedings, a fee shall be paid in accordance with the annex. The stock market chamber shall be authorized to lay down detailed rules for the implementation of the fee tariff, in particular on the charging of the fee and the date of payment.

(2) If the Arbitration Fees are not charged on time, a hearing will not be held until the court has been issued or an already scheduled trial will not be conducted.

(3) Where procedural acts are necessary which are associated with costs, the arbitral tribunal shall make the advance of such procedural acts subject to the proceeds of an advance which covers the estimated costs. If the cost advance is not taken, the appropriate procedural act is not to be carried out.

X. Final provisions

Use and storage of files

§ 56. (1) All process files, with the exception of the minutes of consultation and consultation of the arbitral tribunal, shall be deemed to be the parties to the Community documents. They can inspect the process files relating to their cases and have them prepared for their costs copies and excerpts.

(2) In addition to the minutes of the proceedings and all other files relating to cases such as lawsuits, submissions, delivery certificates, and evidence-taking minutes, the original of the award shall be the subject of the award by the arbitral tribunal 10 years after the date of the settlement of the case. To keep the award.

Court of Arbitration

§ 57. The law firms of the arbitral tribunal are concerned on the stock exchange.

Business Activity Report

§ 58. In the first quarter of each year, the President of the Arbitration Board will report to the Federal Ministry of Agriculture, Forestry, Environment and Water Management and the Federal Ministry of Justice a report on the business activities of the Arbitral tribunals in the past year.

Personal names

§ 59. In the case of the personal names used in this Regulation, the chosen form shall apply to both sexes.

entry into force

§ 60. (1) The Court of Arbitration shall enter into force on 1 January 2010, with the exception of § § 5, 6 and 8; § § 5, 6 and 8 shall enter into force on 1 July 2010. October 2009, in force.

(2) The Staff Regulations of the Exchange for Agricultural Products in Vienna, II. Part, Arbitration Order of 23 June 1973, shall not enter into force with the entry into force of this Rules of Arbitration.

Berlakovich