YAAP Newsletter

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Dear Members and Friends,
 
We hope you are in good spirits post-lockdown and pre-Christmas.
 
Given the current situation, we will not be able to have Christmas drinks together but look forward to seeing you all in the New Year.
 
  1. myarbitration Diversity Event postponed to 6 May 2022 

    The myarbitration diversity event that was planned for December of this year has been postponed to 6 May 2022. The event will feature Anna Förstel-Cheng of YAAP and many other interesting speakers including Alice Fremuth-Wolf, Elisabeth Vanas-Metzler, Amanda Lee, Milena Djordjevic, Hanh Huynh, Sebastian Lukic and Jonathan Barnett. Make a note in your diaries. This will be something to look forward to.
     
  2. YAAP Roundtables 2022

    Many of you have expressed interest in speaking at a YAAP Roundtable next year. We have secured a number of slots at Café Korb – beginning in January 2022 – and sincerely hope that we will be able to hold in-person events. Please get in touch if you are interested. We would be delighted to hear from you.
     
  3. YAAP Board 

    Thank you to everyone who applied for a position on the YAAP Board. We were very impressed with both the quantity and quality of the applications. 

    We are delighted to welcome Markus Beham to the YAAP Board. Markus is an Assistant Professor at the Chair of Constitutional and Administrative Law, Public International Law, European and International Economic Law, University of Passau, Germany, and adjunct lecturer in international law at the University of Vienna, Austria. He holds a joint doctoral degree from the Université Paris Nanterre and the University of Vienna and a doctoral degree in history from the latter as well as an LL.M. degree from Columbia Law School in New York. Has acted in cases before ICSID, ICC, DIS, and ad hoc tribunals as well as before the Austrian Supreme Court. We are confident that Markus will be a great addition to the Board and look forward to working with him.

    It is time for Christian Koller to leave the YAAP Board. Christian has played an indispensable role in YAAP since 2006 and we would like to thank him for everything he has done and the arbitration community in general. His great ideas, gentle manner and sense of humour will be missed! Christian will be handing over his role as co-chair to Ulrich Kopetzi who will be navigating YAAP through 2022 and 2023.
 
 
For a review of our previous events, please keep reading below.
 
Best regards,
Christian & Niamh

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REVIEW: Climate Change “in-person” Roundtable on 4 November 2021 at Café Korb:
 
We were delighted to be back in Café Korb for an in-person event. Spirits were high and drinks flowing when Amanda Neil (Principal Associate, Freshfields) and Markus Beham (Assistant Professor, Chair of Constitutional and Administrative Law, Public International Law, European and International Economic Law, University of Passau) began the discussion on the role arbitration plays in the context of environmental, social and governance issues.
 
Markus provided an interesting background on sustainability issues, specifically he addressed the extent to which ESG concerns could become a basis for challenging an award as being contrary to ordre public.
 
Amanda gave an overview of the latest case law in the field of climate change and sustainability and provided the audience with an insight into the Campaign for Greener Arbitration. She also gave a number of practical tips on how to take a “greener” approach to case management.
 
The presentations were followed by an interesting discussion on how climate change issues are and will inevitably affect our respective arbitration practice.
 
Many thanks to Amanda and Markus for their interesting and thought-provoking discussion. It was a very enjoyable evening!
 
REVIEW: Arb-Aut, YAAP and VIAC Anniversary Conference, Thursday, 18 November 2021
 
The Anniversary Conference took place this year in a hybrid format. At the WKO a strict 2G+ rule applied, while most members and friends joined virtually.
 
ArbAut’s annual general meeting kicked off the conference. Followed by Niamh Leinwather of YAAP providing an overview of the activities in 2021 and an outlook for 2022.
 
Alice Fremuth-Wolf is stepping down as the Secretary General of the VIAC. Given a proper celebration was not possible, representatives of VIAC, YAAP and ArbAut said a few words of appreciation for Alice’s fantastic service to VIAC and the arbitration community over a decade. Alice will be missed but she will continue to fly the flag on the ArbAut Board. Alice, YAAP wishes you the very best in your next career move and we are certain that you will shine whatever you do! As many of you already know, our Board Member and Co-Chair Niamh Leinwather will be taking over as Secretary General of VIAC – we wish her the best of luck!
 
The conference kicked off with a presentation of VIAC’s practice guide on construction arbitration. Florian Haugeneder, Alice Fremuth-Wolf, Anne-Karin Grill and Gunnar Pickl provided insights from the Working Group and walked the audience through the practice guide. It is available online and in hard copy at the VIAC.
 
Christian Koller and Lisa Beisteiner presented an empirical study on entrepreneurs’ preferred dispute resolution mechanisms in Austria. The purpose of the study is to examine whether Austrian entrepreneurs are familiar with different methods of dispute resolution and how they assess them. The study focuses on state court proceedings and domestic arbitration. Domestic disputes were defined as disputes arising from a contract between Austrian contracting parties.
 
The results of the study can be found here (so far only in German).
 
The website of the study can be found at the following link: https://streitbeilegung-in-oesterreich.org/
 
The project team welcomes feedback and questions at any time.
 
 

 
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