16. Arbitration Tribunal

  • The association’s internal arbitration tribunal is responsible for settling all disputes arising within the association. It is a “conciliation panel” within the meaning of the Austrian Association Act 2002, not a court of arbitration pursuant to §§ 577 et. seq. of the Austrian Code of Civil Proceedings (“ZPO”).
  • The arbitration tribunal is comprised of three ordinary members of the association. It is formed as follows: one party to the dispute nominates a member as an arbitrator to the management committee in writing; following a request by the management committee made within seven days, the other party to the dispute has four days to nominate another member of the arbitration tribunal; after they have been informed of their nomination by the management committee within four days, the nominated arbitrators choose an ordinary member to be the chairman of the arbitration tribunal within a further four days. If there is a tied vote, a lot shall be drawn to decide between the proposed parties. With the exception of the general assembly, the members of the arbitration tribunal may not belong to any organ of the association whose activities are the subject matter of the dispute.
  • The arbitration tribunal shall reach its decision by simple majority after hearing both parties in the presence of all of its members. It shall make its decisions according to the best of its knowledge and belief. The decisions of the arbitration tribunal shall be final and binding within the association.

 

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