'Order concerning the Suspension of the Proceedings

Considerations

1. As regards Respondent's application to suspend these proceedings, the Arbitral Tribunal considers and decides as follows.

1.1. The Arbitral Tribunal has discretion to decide whether the arbitration proceedings should be suspended.

The ICC Rules do not contain any provision referring to the stay of arbitration proceedings.

Section 4 of the Lease Guarantee provides that insofar as the arbitration rules do not contain specific provisions on procedural aspects the relevant provision of the Austrian civil procedural law shall apply.

It is not clear if this clause refers exclusively to Part 4 (Chapter 4) of the Austrian Civil Procedure Code ("ZPO") (governing arbitration proceedings). In any case, sec. 190 ZPO stipulates that the court is entitled, but not obliged to stay the proceedings if the final decision depends on the outcome of another litigation.

1.2. The question whether the final decision in this proceeding depends on the outcome of the ICC Arbitration No. . . . is disputed. It depends on the construction of sec. 2 of the Lease Guarantee, which is one of the issues which may have to be decided in this arbitration. Therefore, it is not even clear at this point, whether the outcome of the ICC Arbitration No. . . . is prejudicial for this arbitration.

Substantive issues concerning deficiencies of the . . . Building raised in ICC Arbitration No. . . . are also in dispute before the present Arbitral Tribunal.

1.3 The risk of contradictory decisions in the same subject matter is a very sensible point. Even if the outcome of ICC Arbitration No. . . . was clearly prejudicial for this arbitration, it would be improper to suspend the present proceedings.

The Arbitral Tribunal has to base its procedural decision on the principle of expediency and acceleration of the proceedings. Such standard would also be applicable under sec. 190 Austrian Civil Procedure Code (OGH 26 April 1960 SZ 33/44). The present arbitration is far more advanced than ICC Arbitration No. . . .

It may be for the Arbitral Tribunal acting in the ICC Arbitration No. . . . to decide on a suspension, if any.

Order

2. Therefore, the Arbitral Tribunal orders that these arbitration proceedings shall not be suspended.'