It was interesting to observe the differences between the typical Canadian lawyer and the typical Austrian lawyer. Overall, it seemed that they are both regarded as prestigious careers in society. During the scavenger hunt, one of our sources identified that a lawyer is a highly regarded career in Austria. When we think about a typical lawyer, we relate it to criminal defense, real estate, or corporate lawyers; Mag. Koepecky discussed his specialization in dispute resolution in an international context. An emblematic ethos for a lawyer is to convince others as to why their opinion is more suitable than the opposition’s. Although this is widely known, dispute resolution stands out in the sense that consensus is attempted to be built through collaborative law and arbitration. Mag. Koepecky described dispute resolution as “stories to be told” through the persuasiveness of one’s opinion. 

"For the freedom of science and the respect of human rights", University of Vienna.

 It was surprising that Mag. Koepecky considered the most important factor of resource management to be conflict management, since resource management may be perceived by others as a organization of “things” as opposed to people. The lecture proposed the additional ideas of client management and expectation management. Mag. Koepecky emphasized to plan for client contingencies through predictions of the partnership. Many students were interested in learning more about a typical client relationship. As future leaders in business, it is necessary to think critically and understand the realities of partnerships with a legal aspect. Questions that were asked revolved around the relationship with the client, and the proceedings if a dispute should arise between the firm and the client. 

Our first experience at the prestigious University of Vienna.

The legal reality in a firm is that conflict management is an important part of client care. We can relate this back to Canadian business and legal proceedings, as it is very similar to ensure that clients are satisfied with quality collaboration.  

Berta Karlik was an Austrian physicist and the first female professor at the University of Vienna. 

Peace & love,
Ashlee & David

Canada and the EU - Stephanie & Michael

Today, we attended a presentation and lecture at the University of Vienna by Mag. Kopecky of Schoenherr International Law Firm and Dr. Hafner of the LLM program at the University of Vienna. This experience helped to grow our understanding of the CETA agreement (Comprehensive Economic and Trade Agreement).

Dr. Hafner’s lecture on the EU as a Global Player brought about an excellent overview as to the effects and challenges the new CETA agreement has for Canada and the EU. One of the first topics that we did not know before today was the provisional application of CETA. Currently, the majority of the agreement is being implemented while the ratification process is still ongoing within each member state. Dr. Hafner brought up the interesting point that even though the ratification process of CETA is ongoing, the provisional application of the agreement is still producing results for how CETA will affect the economies of both the EU and Canada. This is interesting for the parties to experience in the way that some member states may have reservations about ratifying CETA; but if they can see the results from the provisional application, it may have some influence as to the decision they make regarding the ratification.

Another aspect of the Canada-EU relationship that we did not know about was the vast agreements that they have politically. The strategic partnership agreement between the two coordinate many policies on areas such as international peace and security, political dialogue, economic and sustainable development, as well as many others.

Overall, this lecture provided great insight as to the breadth and depth of the CETA agreement. The agreement will definitely prove to be critical for both Canada and the EU.

Thanks to CETA, Europeans can now enjoy products like Canadian Ice wine. In appreciation of Dr. Hafner’s lecture, we gifted him Canadian ice wine which is now a key export of Canada to the EU.

Our first two days in Vienna, Austria have been an amazing adventure including, an epic 15-kilometer scavenger hunt allowing us to experience the culture and beauty within the central city. Highlights of the scavenger hunt included lunch at the famous Café Central where the warm chocolate souffle was indescribable. The historic architecture was unique and the detailed artwork inside each building was captivating. After the scavenger hunt, we enjoyed some leisure time at the Prater Amusement Park. The rides went higher than we expected but seeing the city from above was worth the effort. Today consisted of a tour at the University of Vienna where we were able to walk the same hallways as Sigmund Freud.

After the tour, we had the opportunity to attend two lectures from legal scholars with backgrounds in the field of International Law. Between the two lectures, we preferred the lawyer with the practical experience and insight into his field. He caught our attention with his expressive and enthusiastic style while explaining the finer points of arbitration. We found his humorous anecdotes entertaining and were surprised to learn the significant role life experience played in his career development. Even with his three LL.M. designations he still believes that life experience will get you farther than good grades. The lecturer also explained the similarities and differences between common law and commercial arbitration. We were shocked to learn that coaching witnesses and running background checks on potential clients were common practice within arbitration, but illegal in common law.

Tomorrow we are visiting the City Hall, the Hofburg and one of the local wineries, stay posted while our adventure continues. 

Main Challenges of Arbitration as a Dispute Resolution Mechanism

Some of the main challenges of arbitration as a dispute resolution mechanism are: advocacy, reassured management, client management, and evidence. For advocacy, he mentioned that being prepared and practicing your argument is extremely important. The more times you practice and the more you prepare the more likely you are to succeed with your argument and win. Also speaking in perfect English is an asset. For the second item, having a plan and knowing where to allocate more time and resources is beneficial. You may accidentally allocate more time and personnel to something that did not need it when you could have allocated it to a more necessary item. As Mag. Kopecky mentioned : “as counsel for a dispute resolution, you will always be out of time.” For the third item, learn about your client through background checks and meeting with them face to face is necessary to achieving the best result. Making sure your client is telling you the truth, stops you from wasting time or not agreeing to a settlement that would have been more beneficial for your party. For the fourth item, Mag. Kopecky mentioned that unlike in other situations, witnesses should talk to the lawyers during arbitration. It is also necessary to prove and collect the RIGHT information that will fit your client and not waste your resources trying to acquire information that would not help. 

Relationship between Canada and the European Union

Blog Post #1- Chris Dobbins Hale + Erika Head
During our time at the University of Vienna, our group was able to attend a lecture given by Dr. Gerhard Hafner on the subject of the CETA (Comprehensive Economic and Trade Agreement) treaty between Canada and the European Union. While we had previously been given a brief primer on the subject, many of Dr. Hafner’s insights were both interesting and surprising. Firstly, while not necessarily surprising, we were interested to learn that ten percent of Canadian goods and services exports go to the European Union. This highlighted the strength and benefit of Canada’s existing relationship with the EU, while also pointing to the potential for further economic integration. Most notably, We were personally surprised by the procedural and legislative hurdles that must be overcome in order to successfully implement the treaty. In particular, the necessity of bringing together environmental, labour and safety standards was something we had not previously understood the challenge or necessity of. Genetically modified organisms (GMO), for example, appear to be a major point of difference between the European and North American definitions of health, safety, and the public good. In Canada, though occasionally discussed, non-GMO foods remain a voluntary niche product, generally consumed only by health-conscious individuals. On the other hand, protection from GMO products appears to be a non-negotiable condition for members of the European Union. Finally, while perhaps not the biggest issue in Canadian-European relations, we were legitimately shocked by the outrage in Europe around the clubbing of seals. The activity has always been seen by many Canadians as uncomfortable or even revolting, but it seems to be generally viewed as an Inuit cultural activity that must be tolerated. We certainly respect (and in some ways applaud) the stance taken by the European Union, but we were also slightly amused at how something so seemingly small could snowball into an issue that even impacted European membership on the Arctic council.

Below is a photograph of a statue of Franciscus Josephus I. He was the emperor of Austria from the late 1800s to the early 1900s. After successfully graduating from the University of Vienna in law he commissioned his statue to be built to motivate the students to do well. He wanted the students to know that he was their employer and if they did well they would have a job under him.

The main challenges of arbitration as told by Mag. Kopecky

As a lawyer, there are several challenges when settling disputes using arbitration. As we learned from Mag. Kopecky today, an arbitration lawyer must be aware of many unexpected factors such as cultural influences and previous behaviour of potential clients.

Cultural factors play a large role in arbitration, as it influences the actions of clients and can impact the Judge’s final decision. A dispute resolution lawyer may be dealing with people from many different cultures throughout their career and knowing their background and point of view may provide a more effective way to handle arbitration.

In addition to cultural factors, each client presents themselves with a unique history.  A good arbitration lawyer will take the necessary precautions and exercise their due diligence when taking on a new client.  These include; running background checks, making sure the clients are being honest and lawful about their conduct, and being aware of the political affiliations they may have. While clients provide work for lawyers, they must be cautious with who they choose to represent.

One other challenge Mag. Kopecky mentioned was setting the right price to charge. This skill comes with experience, as the decision-making process is largely based on past cases and the proper valuation of one’s work.  Undervaluing work may lead to lost profits for a firm, as an inexperienced lawyer may end up writing off large portions of work their estimate did not account for. 

Below is a photo we took of the Emperor Franz Joseph I. He is a significant to both the people of Vienna and the university students. He commissioned his statue to be built as a reminder to law students that when they finished their studies, they would have a job working for him.

                         - Matt and Lindsay 

Blog Post One: Mag. Kopecky's Alternitve Dispute Resolution Lecture

We started the day with a tour of the University of Vienna. After our tour, we had the opportunity to sit in on a lecture given by Mag. Kopecky on alternate dispute resolution. He is a specialist in international law and dispute resolution.  Mag. Kopecky is a lawyer with Schoenherr Attorneys. During this lecture we discussed some of the practical details of alternate dispute resolution. The information he shared with included requirement of evidence, client and resource management, advocacy and decision enforcement.

The methods used for proving claims to be factual is witness statements and expert testimonial. We found the use of these strategies surprising in the context of arbitration. When both parties are engaged in arbitration, one of the first steps is the discovery. The purpose of discovery is to compare each parties’ written claims against each other. Mag. Kopecky gave some valuable insight about how to deal with difficult clients. The first thing that should be done is identify who is making the decisions, then understand what they want. Once this is done, he suggested sitting the client down and establishing what his expectations are for the case. Resource management is important part of advocacy because it gives the client a clear understanding of what will be involved in each step of the arbitration process. The attorney must also know what will be required so that they can plan accordingly. One thing that we found surprising is how arbitrational decision cannot be enforced within certain nations, the example he gave was Russia. In Russia there is deep rooted corruption within the government which makes the enforcement of arbitrational decision difficult to enforce. We thoroughly enjoyed Mag. Kopecky's lecture because it gave practical information on international private law and alternative dispute resolution.

- Ashton and James

-          Ashton and James

Blog 1 Trevor and Katelyn

Today, during our visit to the University of Vienna, we had the pleasure of attending Gerhard Hafner’s lecture the topic of CETA and the relationship that exists between Canada and the member states of the EU. Dr. Hafner explained to our class that CETA is a free trade agreement between Canada and the EU that removes 98% of the barriers to trade. This allows an increase in exports and imports between the countries, thus stimulating the economies of all participating countries. However, due to cultural and health standard differences between the two parties, topics such as GMO’s are not included within this trade agreement. The EU has banned all food products that contain GMO’s in order to maintain their high standard of health and wellness for the people. Compared to Canada, where GMO’s in food are more widely accepted and organic products are considered to be premium and sold at a higher price. Learning this information surprised both of us, as we thought that GMO’s were allowed here in Europe like they are in Canada. After reflection from the first few days in Vienna, we noticed that the produce available is similar quality to the organic products that are sold in Canada. In conclusion, this leads us to believe that back home in Canada there could be health benefits from the elimination of GMO’s in food products.

Below is a picture that was taken during our tour that showcases the artwork in the Grosser Festsaal (which translates to Main Ceremonial Chamber). This room is where graduation ceremonies take place for students of the university.

Blog 1 Erik & Jenna

Today, we were able to take a lot away from the presentations at the University of Vienna. Mag. Kopecky's presentation of international arbitration and dispute resolution was especially compelling. This post addresses the biggest take-aways we both had. The biggest challenge of arbitration and dispute resolution tends to be the clients you work with. It is important to know everything you can about the client, including their background, facts about the case, their prior activity. It can be difficult to lead a client to a successful resolution, communication is key for the client to understand the steps in the arbitration process, as well as the timeline and cost of the process. By utilizing proper communication, further issues can be avoided.
More issues can arise based on proper jurisdiction or lack thereof. Mag. Kopecky referred to an example with Russia and wind turbines. Depending on legislation, the jurisdiction you are operating under can either work for or against you. This is another area where issues can arise. It is critical to understand the issues at hand, and how the law can swing. Expanding on these differences, culture can also create issues in dispute resolution. When cultures differ and that difference is not completely understood, major barriers to finding a proper resolution that both parties can agree on and benefit from can be difficult.
With a high context culture such as China, doing business with low context cultures, such as Canada, a lot of meaning can be lost in translation. This is another example of how culture can play into upcoming issues in international business relations and dispute resolution.