RA Prof. FRANZ J. HEIDINGER, LL.M. (Virginia) - Arbitration Biography
Introduction
Franz J. Heidinger is a respected professional in the field of arbitration, with extensive experience as counsel, representative, and arbitrator in a wide range of proceedings. His roles have included serving as sole arbitrator, co-arbitrator, and counsel in cases under the ICC, VIAC, UNCITRAL, provincial chambers of commerce, and ad hoc rules. Since 2004, he has been a committed member of the Austrian Arbitration Association. As a founding partner of Alix Frank Rechtsanwälte GmbH, a well-established mid-sized law firm in Vienna, his legal practice encompasses both domestic and international matters.
With a solid understanding of both Anglo-American and Central-European legal systems, F.J. Heidinger focuses on cross-border transactions. His work spans domestic and international contract law, intellectual property law, employment and labor law, as well as IT and e-tech law, demonstrating his versatility in addressing complex legal issues.
In addition to his practical legal work, F.J. Heidinger has made significant contributions to academia. For over 35 years, he has lectured at European universities including the University of Vienna, Vienna University of Economics and Business, University of Graz, and Danube University Krems. His teaching specializes in the Anglo-American Legal System and Legal Language, Cross Border M&A Transactions and Women in Law courses. Furthermore, his certification as a court-appointed interpreter for English reflects his expertise at the intersection of law and language.
F.J. Heidinger has also contributed to arbitration literature, authoring and co-authoring publications on the subject. He has collaborated with notable legal practitioners in Vienna, such as DDr. Hellwig Torggler, Dr. Klaus Oblin, Dr. Michael Kutschera, and Dr. Thomas Pittner. Through his combined efforts in practice and academia, he continues to play a constructive role in shaping the field of law.
F.J. Heidinger's Professional Engagements in Arbitration
Franz J. Heidinger has a distinguished career in arbitration, encompassing lecturing activities, participation in numerous conferences and projects, and extensive experience as an arbitrator. His work spans various domains, including international commercial arbitration, investment arbitration, and dispute resolution in various industries.
1. Activities as an Arbitrator
Franz J. Heidinger has an extensive track record as an arbitrator, having served in various capacities across numerous arbitration cases in different fields:
- September 2022, Vienna: Counsel of the claimant in an ICC arbitration between a Slovakian beverage manufacturer (claimant) and a Czech real estate rental company (respondent). The dispute involved claims for compensation and purchase price adjustments under a Share Purchase Agreement (SPA) and related Auxiliary Agreements. Key issues included contract interpretation, procedural adherence, and the burden of proof. (Counsel; ICC; commercial law)
- May 2021, Vienna: Counsel for the respondent in an international IP/IT arbitration under the Vienna International Arbitral Centre (VIAC), involving a 44.5 million EUR dispute. The claimant, a U.S.-based chemical engineering firm, brought claims against Hungarian and Slovak respondents over alleged breaches of contracts related to engineering services, including experimental programs and process R&D. The dispute involved IP/IT elements tied to the development and proprietary processes of the engineering work. The respondents contested jurisdiction and admissibility, arguing the claimant failed key contractual obligations, including delivering a final report and performing a guarantee test. The arbitration lasted 3.5 years, with the respondents successfully defending the case. (Counsel; VIAC; international IP/IT arbitration)
- October 2010, Vienna: Counsel for the respondent in a VIAC-administered commercial dispute between companies in the medical technology sector. The case involved issues related to product liability and contract performance in the context of trauma surgery implants. (Counsel; VIAC; commercial disputes)
- March 2008, London: Counsel for the claimant in a commercial dispute administered by the London Court of International Arbitration (LCIA) between companies in the environmental technology and plant engineering sectors. The case involved contractual obligations and performance guarantees under a long-term service agreement. (Counsel; LCIA; commercial law)
- November 2008, Vienna: Co-arbitrator in a VIAC-administered contract dispute between companies in the construction and infrastructure sector. The dispute centered around contract fulfillment and compensation claims related to a large-scale building project. (Co-Arbitrator; VIAC; contract law)
- July 2006, Vienna: Arbitrator of the respondent party in a contract dispute involving enforcement of sales terms within the forestry industry. This ad hoc arbitration focused on the execution and interpretation of an umbrella sales agreement related to the sale of multiple companies. (Co-Arbitrator; ad hoc; contract law)
- July 2006, Vienna: Counsel for the claimant in a dispute between an Austrian company as claimant against a Greek tin cans manufacturer as respondent. The case was administered by the Vienna International Arbitral Centre and involved warranty claims related to a Share Purchase Agreement (SPA). This arbitration focused on the interpretation of the SPA, particularly concerning the transfer of business ownership interests. (Counsel; VIAC; corporate law)
- March 2006, Vienna: Counsel for the defendant in a stock purchase agreement dispute within the telecommunications sector, overseen by the Vienna International Arbitral Centre (VIAC). The case revolved around the calculation of a betterment purchase price and the enforcement of stock purchase agreement terms. (Counsel; VIAC; contract law)
- December 2005, Graz: Co-arbitrator in a contract dispute overseen by the Permanent Arbitration Court attached to the Economic Chamber of Styria, involving companies in the advertising and information technology sectors. The case dealt with issues of intellectual property rights and breach of contract. (Co-Arbitrator; Permanent Arbitration Court of Styria; contract law)
- January 2003, Vienna: Sole arbitrator in a contract dispute between mechanical engineering and technology companies, administered by VIAC. The arbitration addressed issues of breach of contract, statute of limitations, and corporate liability in succession. (Sole Arbitrator; VIAC; contract law)
- November 2002, Vienna: Counsel for the defendant in a VIAC-administered dispute between a financial services company and a former board member, focusing on corporate governance and discrepancies in financial reporting. The arbitration addressed complex issues of fiduciary duty and financial misrepresentation. (Counsel; VIAC; contract law)
- February 1999, Vienna: Counsel for the claimant in an arbitral proceeding involving a Dutch holding company pursuing additional claims following a previously successful arbitral award administered by VIAC in 1998. In substance, the case revolved around the wrongful termination of an agency agreement with the respondent, a Hungarian printing company. (Counsel; VIAC, commercial disputes)
2. Participation in Events and Projects
F.J. Heidinger has actively participated in various conferences and seminars, contributing to discussions and developments in the field of arbitration:
- October 16, 2024, Belgrade: Collaborated with esteemed Serbian colleagues to convene a conference, organized by the Faculty of Law at the University of Belgrade, on the topic “Commonly Perceived Advantages and Disadvantages of Arbitration” (Conference)
- February 9-10, 2024, Vienna: Attended the "2nd VIAC CAN Congress – VIAC CAN Connecting the Dots: CEE/SEE in Focus." (Conference; cross-border work; contract law; commercial disputes/transactions)
- October 24, 2023, Bratislava: Co-hosted a conference in Bratislava with esteemed colleagues from Vienna and Slovakia on the topic ”Advantages and Disadvantages of Arbitration in International Dispute Resolution” (Conference)
- September 21, 2021, Vienna: Participated in the VIAC-YAAP-ArbAut Joint Conference on the rights of third parties in arbitration proceedings. (Conference)
- April 7, 2021, Vienna: Took part in a round table organized by Wilmer Hale and VIAC on post-Brexit disputes between UK and EU companies. (Conference; cross-border work)
- June 2020: Participated in the Kluwer Arbitration Project, an extensive database for searching and comparing arbitration experiences. (Project)
- March 21-22, 2013, Vienna: Participated in the Joint Conference of VIAC, UNCITRAL, and YAAP on the settlement of commercial disputes. (Conference; commercial disputes/transactions)
- January 25-26, 2013, Vienna: Attended the Vienna Arbitration Days 2013 on the theme "The (Perceived) Powers of the Arbitrator." (Conference)
- December 2, 2011, Vienna: Attended the "Arbitration in Turkey and Austria – Twin Conference," discussing the arbitration landscape in Turkey and Austria. (Conference)
- September 12-13, 2011, Paris: Attended an ICC conference on the new ICC Rules of Arbitration. (Conference)
- September 16, 2011, Vienna: Participated in "International Arbitration in Vienna, Past, Present and Future: A Tribute to Werner Melis." (Conference)
- June 24, 2011, Brussels: Attended a conference by the Association for International Arbitration on ADR in aviation, tourism, and maritime dispute resolution. (Conference; maritime arbitration)
- April 14-15, 2011, Vienna: Attended the VIAC-UNCITRAL Conference on international commercial arbitration, focusing on transparency in investment arbitration. (Conference)
- November 11, 2010, Vienna: Participated in an ICC-organized conference covering topics like the application of Adverse Inference Rules by arbitrators and the analysis of ICC arbitral awards. (Conference; general arbitration guidelines)
- February 20-21, 2009, Vienna: Attended the ICC Austria Vienna Arbitration Days, discussing topics such as "The Impact of Crime in Arbitral Proceedings" and "Clash of Cultures: Civil Law vs. Common Law." (Conference)
- September 28, 2008, Linz: Participated in a round-table discussion by the Austrian Arbitration Association on "Arbitration in Practice." (Conference)
- May 14, 2008, Vienna: Attended a mediation workshop by the Austrian Arbitration Association in collaboration with the Chartered Institute of Arbitrators. (Conference)
- March 13-14, 2008, Vienna: Attended the VIAC-UNCITRAL 2008 Conference, discussing the revision of UNCITRAL Arbitration Rules and the future of the New York Convention. (Conference)
- March 29-30, 2007, Vienna: Participated in the VIAC-UNCITRAL Joint Conference on interim measures in arbitration and institutional support under the UNCITRAL Arbitration Rules. (Conference)
- November 30 - December 1, 2006, Zagreb: Attended a conference organized by the Permanent Arbitration Court in Zagreb and the Croatian Chamber of Economy. (Conference)
- October 5, 2006, Prague: Attended a conference on the new Austrian Arbitration Law and relevant decisions of the Austrian Supreme Court. (Conference)
- December 2, 2005, Vienna: Attended the symposium "Experiences with the Future Austrian Arbitration Law." (Conference)
- April 22-23, 2004, The Hague: Attended the first annual conference of the Global Center for Dispute Resolution Research on international ADR and the future of international commercial arbitration. (Conference)
- November 7, 2003, Vienna: Attended a symposium on the reform of Austrian arbitration law. (Conference)
- October 20, 2003, Vienna: Participated in a discussion on current issues of the Austrian Arbitration Court and international arbitration. (Conference)
- September 30, 2003, Moscow: Attended a seminar on "Vienna as a Venue for International Arbitration." (Conference)
- April 11, 2003, Vienna: Attended the International Seminar of the International Arbitral Centre of the Austrian Federal Economic Chamber on "Austria and its Neighbors." (Conference; general arbitration guidelines)
3. Lecturing Activities and Publications
Franz J. Heidinger is both a dedicated practitioner and a respected academic, known for sharing his knowledge of arbitration and related legal fields with aspiring legal professionals. His scholarly work includes a broad range of contributions, including more than ten published books on various legal topics. Notably, Heidinger co-authored The Practitioners’ Guide to Applied Comparative Law and Language, Volumes 1 & 2 with Andrea Hubalek, released in January 2021. This work has been well received within the legal community for its insights into comparative law and language.
Heidinger has also contributed to the field of equality law, co-authoring the second edition of Anti-discrimination: Legal Equal Treatment in Austria and the EU with Christoph Kasper, which was published in April 2014. This book serves as an important reference for those seeking to understand equality law within the European context.
His expertise in Anglo-American law is reflected in his work Sued in the USA: US Civil Procedure Law for Entrepreneurs, Lawyers, and Consultants, published in 2003, which provides practical guidance for non-US lawyers navigating US legal procedures. In collaboration with Mag. Dr. Werner Albeseder, Heidinger also co-authored Due Diligence: A Handbook for Practitioners, published in July 2001, offering practical insights into the due diligence process.
In the area of arbitration, Heidinger’s contributions include his co-authored book with Dr. Julia Hof, Pleading and Proving Foreign Law: A European Perspective, published in 2008, which addresses the complexities of foreign law in European judicial proceedings. Through these and other works, Heidinger has established himself as a trusted resource in these legal areas.
4. Activities as Court-Appointed Interpreter Translator for English Language
Prof. Heidinger is a certified court-appointed translator for the English language and the majority owner of Translex GmbH, a legal translation firm he co-founded with Andrea Hubalek. In his role, he ensures that the firm's translations meet legal standards, providing oversight on quality control from a legal perspective.
In addition to his academic work as a lecturer at various European universities, Prof. Heidinger conducts specialized courses for multiple bar associations, offering a deep understanding of Legal English from both an academic and practical viewpoint. His expertise in this field has been recognized by the European Legal English Teachers’ Association (EULETA), where he was elected Vice President in 2016. In June 2018, in acknowledgment of his ongoing contributions to the discipline, Prof. Heidinger was honored with the title of “Professor.”
