Answer ... (a) Procedure, including evidence?
Unless the parties have agreed otherwise, the tribunal shall decide whether to hold oral hearings or whether the proceedings shall be conducted in writing. Where the parties have not excluded an oral hearing, the tribunal shall, upon the request of a party, hold an oral hearing at an appropriate stage of the proceedings.
Section 599 of the ACCP, a mandatory rule, empowers the tribunal to rule on the admissibility of evidence, to take evidence and to evaluate the results. While the tribunal has broad discretion, it must adhere to the principles of fair treatment of the parties and the right to be heard. Therefore, the parties must be granted an opportunity to submit evidence, participate in the taking of evidence and comment on the results thereof.
(b) Interim relief?
Section 593 of the ACCP authorises the tribunal to order interim or protective measures, upon the request of a party, if it considers that otherwise the enforcement of the claim would be frustrated or significantly impeded, and also where it considers that a risk of irreparable harm exists.
However, as the tribunal lacks coercive powers, its decisions must be enforced by the state courts. As a result, while the tribunal may order interim measures which are unknown under Austrian law, the enforcement courts in Austria will have to transform them into interim measures which they are authorised to enforce and that most closely resemble the type of interim relief originally granted by the tribunal.
(c) Parties which do not comply with its orders?
The tribunal may draw adverse inferences from a party’s failure to comply with its orders. Likewise, the tribunal may consider non-compliance with its orders in its cost decision. In any case, the tribunal may continue the proceedings and render an award. Specific rules apply to the claimant’s failure to file the statement of claim or the respondent’s failure to respond to the statement of claim in accordance with within the timeframe agreed or set (see question 30).
(d) Issuing partial final awards?
The tribunal has the power to render a partial award.
(e) The remedies it can grant in a final award?
Apart from Austrian public policy, there are no restrictions concerning the type of relief that may be requested and granted. Austrian law regards this issue as a matter of substantive law.
Under Austrian law, the issue of interest is a matter of substantive law. Section 1000 of the Austrian Code provides for an interest rate of 4%. If the Austrian Commercial Code is applicable, an increased rate of 9.2% above the base lending rate (provided that the debtor acted culpably) applies. With respect to compound interest, Section 1000(2) of the Austrian Civil Code provides for an interest rate of 4%.