VIAC VIENNA INTERNATIONAL ARBITRAL CENTRE

1. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE Arbitration Landscape in Austria The Vienna Rules Austrian/Polish Twin Conference Manfred Heider Secretary General International Arbitral Centre of the Austrian Federal Economic Chamber Austrian Polish Twin Conference Warsaw, 17 June 2011

2. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE International Arbitral Centre of the Austrian Federal Economic Chamber Established 1975 Arbitration Rules amended in 2006 Administration of international cases only Also: Appointing Authority in UNCITRAL Arbitration Proceedings and Administration of Conciliation Proceedings Austrian Polish Twin Conference Warsaw, 17 June 2011 0

3. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE New International Cases 2008: 50 New International Cases 2009: 60 New International Cases 2010: 68 Total Number of Cases Pending: 71 Aggregated Amount in Dispute: EUR 569 Mio. Cases with Polish Parties: 6 Aggregated Amount in Dispute: EUR 10.8 Mio. Number of Polish Arbitrators: 2 Austrian Polish Twin Conference Warsaw, 17 June 2011

4. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE 15 March 1988: Trilateral Agreement concluded between Polish Chamber of Foreign Trade American Arbitration Association Austrian Federal Economic Chamber Recommendation to use Austria as venue of arbitration for disputes between Polish parties and parties from the United States of America Recommendation to use the services offered by the Board of VIAC Austrian Polish Twin Conference Warsaw, 17 June 2011

5. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE VIAC’s Jurisdiction At least one party shall have its residence or place of business outside of Austria, or Dispute must be “of international character” Domestic partners and dispute without “international character”: Jurisdiction of the Permanent Arbitral Tribunal of the Vienna Economic Chamber or of the regional chamber of the agreed venue of arbitration (if any) Conduct of the proceedings in accordance with the rules of the Permanent Arbitral Tribunals of the regional chambers Austrian Polish Twin Conference Warsaw, 17 June 2011

6. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE Multiparty Proceedings Claim of one or more Claimants against two or more Respondents Basic requirements: VIAC’s jurisdiction for all parties • Joint nomination of an arbitrator by all Claimants Austrian Polish Twin Conference Warsaw, 17 June 2011

7. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE Multiparty Proceedings Additional Requirements (alternatively): The claim is to be directed against several persons according to substantive law (uniform joinder of parties): Example: Claim for termination of joint ownership uniform decision against all Respondents or Austrian Polish Twin Conference Warsaw, 17 June 2011

8. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE Multiparty Proceedings Additional Requirements (continued): all Respondents are by the applicable substantive law in legal accord or are bound by the same facts or are joint and severally bound different decisions possible or Austrian Polish Twin Conference Warsaw, 17 June 2011

9. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE Multiparty Proceedings Additional Requirements (continued): all parties have agreed upon multiparty proceedings, or all Respondents submit to multiparty proceedings and nominate the same arbitrator, or one or more Respondents do not comment on whether a sole arbitrator or an arbitral tribunal shall decide the case, or one or more Respondents do not nominate an arbitrator Austrian Polish Twin Conference Warsaw, 17 June 2011

10. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE Procedural costs are Costs of arbitration • Administrative charges • Arbitrators’ fees (plus V.A.T.) • Cash outlays (Arbitrators’ travel expenses, court room rents, “simple” minuting, photocopies, etc.) Parties’ Costs • Expenses of parties (cash outlays, lawyers’ fees) • Other procedural expenses (for experts, translations, verbatim protocols, etc.) Austrian Polish Twin Conference Warsaw, 17 June 2011

11. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE Determination of the parties’ costs by Arbitrator(s) the costs of arbitration by the Secretary General Austrian Polish Twin Conference Warsaw, 17 June 2011

12. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE Registration Fee: Registration fee to be paid by Claimant Registration fee covers the Secretariat’s costs until files are transmitted to arbitrator(s) Joint party supplement of 10% for each additional party • No refund of registration fee Claim will be treated only after the registration fee is fully paid Austrian Polish Twin Conference Warsaw, 17 June 2011

13. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE Money Deposit: Deposit against costs of arbitration fixed by Secretariat Payable by parties in equal shares Registration fee to be deducted from Claimant’s share No further treatment of the claim, if Claimant fails to pay its share • Claimant will be charged with Respondent’s share, if Respondent fails to pay its share • No further treatment of the claim, if Claimant fails to pay Respondent’s share Same procedure when deposit shall be increased Austrian Polish Twin Conference Warsaw, 17 June 2011

14. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE Calculation of the costs of arbitration Fee schedule (based upon the amount in dispute) Joint party supplement of 10% for each additional party Separate calculation of costs for individual (unrelated) claims admissible Reductions of the amount in dispute shall be cost- effective only before transmission of files to arbitrator(s) Cash outlays shall be determined according to the actual expenditure Austrian Polish Twin Conference Warsaw, 17 June 2011

15. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE Other procedural costs (experts, interpreters, etc.): Money Deposits fixed by arbitrator(s) Performance of procedural measures only after payment of deposits In default with payment: the arbitrator(s) shall decide on the consequences (i.e. non-performance of procedural steps) Austrian Polish Twin Conference Warsaw, 17 June 2011

16. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE Determination and allocation of costs: Determination of costs in the award (costs of arbitration and parties’ costs such as costs of legal representation) Allocation of costs: Losing party shall reimburse the winning arty its costs; Costs may be split between parties Austrian Polish Twin Conference Warsaw, 17 June 2011

17. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE Parties: • Austria: 34 • Czech Republic 15 • Germany: 13 • Poland: 11 • Croatia: 7 • Italy : 7 • Slovak Republic: 7 • United States: 7 • Hungary: 6 • Romania: 6 • 1 each from: P.R. of China, Belgium, Estonia, Iceland • United Kingdom: 6 • Russia: 5 • Bulgaria: 4 • Cyprus: 3 • France: 3 • Switzerland: 3 • Liechtenstein: 2 • Serbia: 2 • Turkey: 2 • Ukraine: 2 Japan, Monaco, Netherlands, Slovenia, Spain and Sweden Austrian Polish Twin Conference Warsaw, 17 June 2011

18. VIACVIENNA INTERNATIONAL ARBITRAL CENTRE Arbitrators: • Austria: 68 • Germany: 8 • Switzerland: 7 • Slovak Republic: 5 • United Kingdom: 5 • Czech Republic: 4 • France: 3 • Slovenia: 3 • Italy: 2 One arbitrator each from: Croatia, Hungary, Poland, Sweden and the United States Austrian Polish Twin Conference Warsaw, 17 June 2011