Arbitration and Dispute Resolution Body pursuant to Art. 86(1) Communications Act (for providers)

The Office for Communications (AK) as an Arbitration and Dispute Resolution Body

The Office for Communications (AK) serves as the arbitration and dispute resolution body pursuant to Art. 86(1) of the Communications Act (KomG; LGBl. 2023 No. 216) for disputes:

• between providers,
• between providers and other businesses benefiting from access or interconnection obligations, or
• between providers and operators of associated facilities.

Contact Information

Office for Communications
P.O. Box 684
9490 Vaduz
[email protected]

Information on the Procedure

Depending on the circumstances, either the arbitration procedure or the dispute resolution procedure applies.

Arbitration Procedure – Mediation for an Amicable Settlement

The arbitration procedure aims to reach an out-of-court settlement between the parties. It takes the form of a mediation process, where the AK facilitates a fair and balanced solution. The parties are required to actively participate, provide necessary information, and submit relevant documents (see Art. 86(2) KomG).

If no agreement is reached within four months, a party may request the initiation of a formal dispute resolution procedure, provided that the ordinary courts are not competent (see Art. 86(3) KomG).

Dispute Resolution Procedure – Decision by AK

If no agreement is reached, the AK may conduct a dispute resolution procedure. This is a bilateral administrative procedure under the General Administration Act. At the end of the process, AK issues a ruling aimed at achieving the legislative objectives.

In certain cases, AK may refuse to conduct a dispute resolution procedure, for example, if (see Art. 86(4) KomG):

• Alternative procedures are better suited to resolve the dispute,
• Another procedure concerning the same dispute is already ongoing,
• Another authority or court is competent.

International Disputes and Cooperation with BEREC

If a dispute has cross-border implications within the European Economic Area (EEA), the AK may refer the case to BEREC (Body of European Regulators for Electronic Communications) and collaborate in accordance with EU regulations (see Art. 86(5) KomG).

Costs and Enforceability

A flat fee is charged for initiating and conducting an arbitration procedure. The fee varies between CHF 200 and CHF 20,000, depending on the scope and complexity of the case. The exact amount is determined by the AK (see Art. 38(1) RKV).

In justified cases, businesses may apply for a full or partial exemption from fees. Exemptions are granted only for a specific arbitration procedure and only upon separate request (see Art. 38(2) RKV).

Decisions on costs and fees in the arbitration procedure are not subject to appeal. Settlement agreements and regulatory decisions on fees are enforceable titles under the Enforcement Act (see Art. 86(6) KomG).

Arbitration Procedure Workflow (Rules of Procedure)

The arbitration procedure provides businesses with a mechanism for resolving disputes outside of court. The process follows a series of clearly defined steps:

1. Initiation of the Procedure

The procedure is initiated upon written request from a business. The request must include:

• The parties involved,
• The subject of the arbitration,
• A specific claim, and
• All relevant evidence and documents.

The request must be submitted to the AK.

2. Response from the Opposing Party

Once the AK reviews the admissibility of the request, it forwards the request along with all attached documents to the other party. The opposing party is given a specified period to submit a response.

3. Invitation to the Arbitration Hearing

After the deadline for the response has passed, the AK invites both parties to an arbitration hearing. The date of the hearing is determined based on the specific case.

If a party fails to appear despite proper notification, they will bear all procedural costs, unless they were prevented from attending due to an unforeseen or unavoidable event. This consequence is explicitly stated in the invitation.

4. Arbitration Hearing

The arbitration hearing is conducted as a mediation session between the parties. The goal is to reach a mutual agreement. The hearing is recorded by the AK.

5. Conclusion of the Procedure

Following the hearing, both parties receive a written copy of:

• The settlement agreement, if an agreement is reached,
• The hearing minutes.

These documents are prepared by the AK, sent to the parties, and officially archived.

If no agreement is reached within four months, a party may request the initiation of a formal dispute resolution procedure, provided that the ordinary courts are not competent.