VIAC is pleased to announce the publication of the updated VIAC Guidelines for Arbitrators (2026), now available together with the new Appendix on Arbitrators’ Expenses.
These revised Guidelines reflect VIAC’s continued commitment to efficient case management, clarity in cooperation between arbitrators and the Secretariat, and modern, sustainable arbitral practice.
The new Guidelines complement the Vienna Rules 2021 and Vienna Investment Arbitration Rules 2021 (as amended with effect from 1 January 2025). The new Appendix on Arbitrators’ Expenses applies to all proceedings commenced on or after 1 July 2026.
Why a New Version?
Arbitration practice evolves quickly. Digital case management, sustainability considerations, and increasingly complex multi‑party disputes have reshaped how arbitrators work. The 2026 Guidelines respond to these developments by:
- Clarifying procedural expectations
- Enhancing cooperation between arbitrators and the Secretariat
- Integrating sustainability principles
- Providing more detailed guidance on costs, VAT, and award drafting
- Introducing a comprehensive, binding Appendix on arbitrators’ expenses
Key Updates at a Glance
1. Enhanced Guidance on Case Management
The 2026 Guidelines introduce:
- A stronger emphasis on early case management conferences
- A reference to draft procedural orders and timetables
- Sustainability considerations through the Green Pledge and Green Protocols for Arbitrators
- Clear obligations to inform VIAC of developments affecting case administration (e.g., changes in the amount in dispute, expected delays, significant expenses)
2. Strengthened Use of the VIAC Portal
The 2021 Guidelines encouraged use of the VIAC Portal; the 2026 version goes further:
- VIAC now always transmits letters to registered users via the Portal.
- Arbitrators must define the scope of Portal use after file transmission.
- Post‑termination, VIAC notifies users before closing the case site.
3. New Section on Regulatory Compliance
A notable addition is more explicit guidance for arbitrators regarding compliance with data protection, sanctions regimes, and IT security standards.
4. More Detailed Rules on Hearings
The 2026 Guidelines encourage considering remote hearings where appropriate and explicitly integrate environmental considerations.
5. Comprehensive Overhaul of Cost & VAT Guidance
The cost section has been expanded substantially:
- Clearer explanation of how advances on costs are calculated
- Detailed instructions on notifying VIAC of changes in the amount in dispute
- More guidance on fee advances
- A full section on invoicing arbitrators’ fees
- A practical VAT table and instructions for addressing VAT at the outset
6. Award Drafting: New Tools & Stricter Timelines
The 2026 Guidelines introduce:
- A request to arbitrators to submit draft awards two‑weeks before expiry of the award time limit
- Use of VIAC’s Award Checklist, Cost Determination Checklist, and Note on Cost Decisions
- Detailed instructions for awards rendered in languages other than German or English
- Clear guidance on signature pages, circulation, and transmission
7. New Appendix: VIAC Guidelines on Arbitrators’ Expenses
The Appendix is entirely new and binding. It introduces:
- A structured system of per diem and overnight allowances
- Clear reimbursement rules for travel, accommodation, and other expenses
- A list of non‑refundable expenses
- Rules for Tribunal Secretaries
- A transitional provision applying the Appendix to proceedings commenced after 1 July 2026
The updated VIAC Guidelines for Arbitrators + Appendix (2026) are available here: https://www.viac.eu/wp-content/uploads/2026/07/VIAC-Guidelines-for-Arbitrators-Appendix.pdf
