AUSTRIA Law and Practice Contributed by: Florian Haugeneder, Patrizia Netal, Jurgita Petkutė and Natascha Tunkel, KNOETZL
8. Evidence 8.1 Collection and Submission of Evidence Austrian arbitration law does not contain any explicit provisions regarding the collection and submission of evidence. In practice, most arbitrators adopt a hybrid approach and will take both civil- and common- law rules on evidence into consideration. By way of example, extensive discovery is rare in international arbitrations conducted in Austria, whereas document production, the use of written witness statements, and extensive cross-examination are standard features of arbitral proceedings in Austria. Although the client-attorney relationship is privileged under Austrian law, the scope and rules regarding legal privilege are regulated according to the civil law tradition and thus differ from the common-law con - cept of privilege. 8.2 Rules of Evidence Austrian law does not contain rules of evidence that apply specifically to arbitral proceedings. The gen - eral principle is the free evaluation of evidence. The International Bar Association Rules on the Taking of Evidence in International Arbitration are frequently referred to as guidelines. 8.3 Powers of Compulsion In general, arbitral tribunals do not have any powers of compulsion but may instead request court assis - tance regarding the collection of evidence or the inter - rogation of a witness who does not appear voluntarily. Arbitral tribunals have no power to force a witness to testify or to enjoin a refusing party to produce a document. An arbitral tribunal that has its seat in Austria may turn to Austrian and foreign courts for legal assistance and may by these means obtain the testimony of a reluctant witness or the production of a document. There is no difference between the witness testimony of parties and unrelated witnesses.
9. Confidentiality 9.1 Extent of Confidentiality
Austrian arbitration law does not contain any explicit provisions on the confidentiality of arbitral proceed - ings. While arbitral proceedings are private, there is no provision in Austrian law obliging the parties to keep the arbitral proceedings confidential (including pleadings, documents and the award). If confidential - ity is desired, the parties are advised to address this in the arbitration agreement or elsewhere, such as in the terms of reference or a similar document. The Vienna Rules contain provisions binding the arbi - tral institution and arbitrators to confidentiality, but not the parties. Austrian arbitration law does provide that the public may be excluded from setting-aside proceedings if this is requested by one of the parties. In arbitral proceedings with more than one arbitra - tor, any decision of the arbitral tribunal shall be made by a majority of the arbitrators, including any arbitral award. The further requirements for an arbitral award are that it must be made in writing, state the date on which it was rendered and the seat of the arbitration, and be signed by the arbitrator(s). Unless the parties have agreed otherwise, the award must also state the reasons on which it is based. The making of an award is not subject to any time limits, unless a time limit is agreed by the parties. The Vienna Rules set a time limit for the issuance of an award – ie, an award shall be rendered no later than three months after the last hearing concerning mat - ters to be decided in the award or the filing of the last authorised submission, whichever is later. This time period may be extended by VIAC’s Secretary General upon reasoned request from the arbitral tribunal or on its own initiative. 10.2 Types of Remedies Austrian arbitration law does not contain any express provisions on the types of remedies that an arbitral tribunal may award. Generally, the available remedies 10. The Award 10.1 Legal Requirements
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