ARBITRATION

Compared to state court proceedings Arbitration offers numerous advantages: choice of the seat of the tribunal, choice of experienced judges, determination of the process language, short proceedings, simplified procedural law, enforceability of the awards worldwide under the New York Convention. Beside international courts of arbitration, numerous national arbitration institutions as well as arbitration courts of commodity markets or industry associations exist.

The legal advising starts with the drafting of the arbitration clause and the consideration which court of arbitration shall be chosen. In care a dispute arises, it is necessary to consider whether a proceeding is advisable and with how much effort shall be made. A so called pre-trial assessment can be offered. For the representation in the proceedings the knowledge of the legal culture of the arbitrators and the acting counsellors can be of central relevance. Arbitration proceedings have their own rules and depending on the chosen institution or the chosen law they can have their own characteristics. 

Mag. Kilches has been repeatedly acting as an arbitrator.

Selected reference cases:

• advice on drafting of arbitration clauses,
• assessment of awards on nullifications,
• requests for arbitration under ICC and UNCITRAL Rules,
• legal representation under ICC, UNCITRAL and LCIA Rules,
• services as an arbitrator under the ICC, UNCITRAL and VIAC rules,
• challenge of arbitral awards under Austrian, German, Swiss, Swedish and French law,
• enforcement of arbitral awards.