Litigation, Arbitration and Alternative Dispute Resolution Litigation, Arbitration and Alternative Dispute Resolution 02 8

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For more information visit: www.meritas.org Contents PAGE PAGE PAGE PAGE PAGE PAGE 01 Austria 05 Belgium 09 Bulgaria 65 Monaco 69 Netherlands 73 Poland PAGE PAGE PAGE PAGE PAGE PAGE 13 Cyprus 17 Czech Republic 23 Finland 77 Portugal 81 Slovakia 87 Spain PAGE PAGE PAGE PAGE PAGE PAGE 27 France 33 Germany 37 Greece 91 Sweden 95 Switzerland 99 Turkey PAGE PAGE PAGE PAGE PAGE 41 Hungary 45 Ireland 49 Isle of Man 103 United Arab Emirates 107 United Kingdom PAGE PAGE PAGE 53 Israel 57 Italy 61 Luxembourg Civil Litigation 1. In what language(s) may court attorney fees beyond the services which Austria obligates a witness to appear proceedings be conducted? What are reimbursed according to the fixed set before court, to testify and to tell the arrangements can be made for of fees in a standard case). truth. In rare cases must witnesses testify translation/interpreter services? under oath. The Austrian law does not The amount of costs depends on the distinguish between witness examination The official court language is German. duration of the proceeding. For example, and cross-examination. It is usually If persons involved in the trial are not for a dispute value of Euro 1 million, the judge who questions a witness. able to understand or speak German, attorney costs would be around Euro Thereafter, the parties are allowed to an interpreter is summoned. In areas 25,000 for the claimant and the same ask additional questions whereas leading where the minority languages Slovenian, amount for the defendant and with questions are not allowed. According to Croatian or Hungarian are officially additional court fees of around Euro the Principle of Immediate Apprehension acknowledged by constitutional law, 12,000 for the first instance. (“Unmittelbarkeitsgrundsatz”), the judge members of the minority groups can may base his judgment only on that choose to use their language in court. 4. What are the basic rules of evidence which was presented during disclosure of documents in civil the hearing. Hence, written witness 2. What types of pre-action measures and commercial proceedings? statements are not a sufficient proof. are available and what are their Which documents do not require limitations? Must you send a warning disclosure? Is electronic disclosure of 6. How are settlement discussions letter before issuing any proceedings? documents normal? usually conducted (namely whether Discovery” or “disclosure” rules are not oral or written and whether A disclosure of documents is rather applicable under Austrian law. A potential between the parties direct or their uncommon. In general, both parties plaintiff may conduct an independent representatives)? Is the settlement have to support the proceedings in procedure for the taking of evidence correspondence between the disclosing all facts or circumstances, (“Beweissicherungsverfahren”) if there is parties/counsel privileged (i.e., may including documents that could be actual danger that evidence which is at not be disclosed to the court)? relevant for solving the matter in dispute. the moment easily available may soon Documents have to be disclosed if one Settlement discussions can be conducted be destroyed or changed. Furthermore, party refers to such document in its orally or in writing, in or out of parties may apply for interim relief own giving of evidence or if one party court. If the settlement negotiations (“einstweiliger Rechtsschutz“) or an is entitled to require such disclosure are conducted out of court, there is assertion of (undisputed) claims by legal by statutory regulations of the Austrian no obligation to disclose respective dunning proceedings (“Mahnverfahren“). Civil Code or if the document is a joint correspondence to the court. In court Under Austrian law, a plaintiff is not document to both parties according to proceedings, the judge is obliged to ask obligated to send a warning letter before the document´s content. A third party the parties in the first hearing whether initiating court proceedings. has to disclose a document only if a the parties are willing to resolve the statutory obligation for disclosure exists dispute in a settlement. Further, judges 3. What are the costs of civil and or if a document is a joint one for the may initiate settlement discussion commercial proceedings? Who bears third party and the party seeking to use at every stage of the trial if deemed these costs? the document as evidence. If a party fails appropriate. A settlement reached by the The court fees are stipulated to submit documents requested by the parties in court has similar effects as a in the Austrian Court Fees Act court, the court may take such failure judgment, i.e., it is enforceable. (“Gerichtsgebührengesetz”) and into consideration of its evaluation of determined by the amount in dispute. evidence. Once electronic data gets 7. What is the typical duration of a The applicable court fee is a flat-fee printed, it is produced as a document court procedure? determined independently from the and the general rules about submission of documents apply. Other electronic In Austria, the average duration of court duration of the proceedings. A flat-fee proceedings (assuming a dispute value accrues per each instance. The parties are documents fall under the category of prima facie evidence and disclosure of around Euro 1,000,000) is around 18 free to agree on attorney fees, e.g. based months for the first instance. on an hourly-rate agreed between the requests cannot be enforced (sec 369 parties or the Austrian Attorneys´ Tariff refers to sec 303-307 Austrian Code of Act (“Rechtsanwaltstarifgesetz”). Attorney Civil Procedure – “Zivilprozessordnung”). fees based on the Austrian Attorney´s Tariff Act are determined by the amount 5. What is the process for witness in dispute and fee units for the specific evidence (namely, is it deposition attorney´s activities. There are no based in advance, or witness contingency fees (“Erfolgshonorare”) in statement, or examination or Contact Austria. As a general rule the unsuccessful cross- examination)? Can a witness Siemer-Siegl-Füreder GERALD GRIES party has to reimburse the prevailing be compelled to attend to give Vienna, Austria Partner | Head of Litigation party not only for the court fees but also evidence? for the attorney´s fees at a rate of the The common process is witness www.ssfp-law.at T: +43 1 512 1445 Austrian Attorneys´Tariff Act (regardless examination. Witness summons within E: [email protected] of whether the prevailing party has paid 01 Litigation, Arbitration And Alternative Dispute Resolution Litigation, Arbitration And Alternative Dispute Resolution 02 8. How can foreign judgments be • European: According to the Regulation for example the Hague Convention. 10. What type of pre-arbitration 14. How are settlement discussions judgment between the parties. Upon enforced? (EC) No 44/2001 (“EuGVVO”) Section 79 Austrian Enforcement Act measures are available and what are usually conducted (namely whether receipt of the award by the parties, judgments of EU Member States will stipulates that reciprocity provided their limitations? oral or written and whether domestic awards are enforceable, i.e., a For the enforcement of foreign be acknowledged in each of those in treaties has to be established between the parties direct or their challenge of an award has no suspensive judgments in Austria several regulations states and can be enforced if declared before a judgment will be enforced. According to sec 593 Austrian Code of representatives)? Is the settlement effect with respect to its enforceability. (European, multi- or bilateral or enforceable. Consequently, the enforcement of Civil Procedure (“Zivilprozessordnung”) correspondence between the In order to enforce the domestic award, autonomous conventions) apply: foreign judgments is entirely subject to the parties may submit a request for parties and/or counsel privileged the chairman of the arbitral tribunal • Multilateral or bilateral conventions: all types of interim measures to the Enforcement may also be obtained with multilateral or bilateral treaties. (i.e., may not be disclosed to the has – upon request of the party – to arbitral tribunal or directly to the Arbitrator)? confirm in writing the legal effects and competent Austrian court. As Sec 593 enforceability of the arbitral award Austrian Code of Civil Procedure is not There are no specific provisions (most practically on an exemplar of Arbitration And Alternative Dispute Resolution mandatory,

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