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DIS Arb DIS Arbitration Rules (2018)
ZivilrechtZivilprozessrecht
Schiedsverfahrensrecht
Article 1: Scope of Application
These internal rules for administering arbitrations under the Rules (the “Internal Rules”) shall govern the work of the Arbitration Council, the Appointing Committee, and the DIS Secretariat (the “Secretariat”).
Article 2: Powers of the Arbitration Council, the Appointing Committee, and the Secretariat
2.1
The Arbitration Council and the Appointing Committee shall render such decisions and exercise such powers and activities as are specifically assigned to them in the Rules. They shall be assisted in their work by the Secretariat.
The Arbitration Council and the Appointing Committee shall render such decisions and exercise such powers and activities as are specifically assigned to them in the Rules. They shall be assisted in their work by the Secretariat.
2.2
The Secretariat, under the direction of its Secretary General (the “Secretary General”), shall render such decisions and exercise such powers and activities as the Rules assign to the DIS, or as the DIS considers appropriate for the proper administration of an arbitration. The Secretariat may at any time consult the Arbitration Council, the Case Committee designated pursuant to Article 4.2 of these Internal Rules, or the Appointing Committee.
The Secretariat, under the direction of its Secretary General (the “Secretary General”), shall render such decisions and exercise such powers and activities as the Rules assign to the DIS, or as the DIS considers appropriate for the proper administration of an arbitration. The Secretariat may at any time consult the Arbitration Council, the Case Committee designated pursuant to Article 4.2 of these Internal Rules, or the Appointing Committee.
Article 3: The Arbitration Council
3.1
The Arbitration Council shall consist of at least fifteen members (each member, a “Council Member”). The Council Members shall be nationals of at least five different countries and shall have practical experience in domestic and international arbitration. The provisions of Section 6 of the DIS Integrity Principles shall apply to Council Members.
The Arbitration Council shall consist of at least fifteen members (each member, a “Council Member”). The Council Members shall be nationals of at least five different countries and shall have practical experience in domestic and international arbitration. The provisions of Section 6 of the DIS Integrity Principles shall apply to Council Members.
3.2
Council Members shall be appointed by the DIS Board of Directors pursuant to Section 7.2 of the DIS Statutes, after consultation with the chairman of the Advisory Board of the DIS. Members of the DIS Board of Directors pursuant to Section 7.2 of the DIS Statutes, members of the Appointing Committee, and staff of the Secretariat may not be Council Members.
Council Members shall be appointed by the DIS Board of Directors pursuant to Section 7.2 of the DIS Statutes, after consultation with the chairman of the Advisory Board of the DIS. Members of the DIS Board of Directors pursuant to Section 7.2 of the DIS Statutes, members of the Appointing Committee, and staff of the Secretariat may not be Council Members.
3.3
A Council Member’s term of office shall be four years and may be renewed once.
A Council Member’s term of office shall be four years and may be renewed once.
3.4
The Arbitration Council shall hold plenary sessions at least once annually to discuss and take decisions in respect of subjects of general importance to the practice of the Arbitration Council. The Secretariat shall attend all plenary sessions and may invite the members of the Appointing Committee to attend a plenary session. A plenary session may be attended in person or by any suitable means of communication.
The Arbitration Council shall hold plenary sessions at least once annually to discuss and take decisions in respect of subjects of general importance to the practice of the Arbitration Council. The Secretariat shall attend all plenary sessions and may invite the members of the Appointing Committee to attend a plenary session. A plenary session may be attended in person or by any suitable means of communication.
3.5
The Council Members shall elect from their members a President and up to two Vice Presidents. The President, or, in the President’s absence, one of the Vice Presidents, shall call and preside over plenary sessions.
The Council Members shall elect from their members a President and up to two Vice Presidents. The President, or, in the President’s absence, one of the Vice Presidents, shall call and preside over plenary sessions.
3.6
All decisions to be taken by the Arbitration Council under the Rules shall be exercised, with respect to any specific arbitration, exclusively by the Case Committee to which such arbitration has been assigned pursuant to Article 4.2 of these Internal Rules. The Arbitration Council shall not have the power to review, alter, or vacate decisions rendered by a Case Committee.
All decisions to be taken by the Arbitration Council under the Rules shall be exercised, with respect to any specific arbitration, exclusively by the Case Committee to which such arbitration has been assigned pursuant to Article 4.2 of these Internal Rules. The Arbitration Council shall not have the power to review, alter, or vacate decisions rendered by a Case Committee.
3.7
The Arbitration Council may, after consultation with the Secretariat, issue internal guidelines that all Case Committees shall observe.
The Arbitration Council may, after consultation with the Secretariat, issue internal guidelines that all Case Committees shall observe.
Article 4: The Case Committees
4.1
The Secretariat shall create at least five Case Committees to supervise DIS arbitrations (each committee, a “Case Committee”), each consisting of three Council Members.
The Secretariat shall create at least five Case Committees to supervise DIS arbitrations (each committee, a “Case Committee”), each consisting of three Council Members.
4.2
Upon receipt of a Request for Arbitration, the Secretariat shall assign supervision of the arbitration to a Case Committee. The Secretariat may at any time during the arbitration re assign supervision of an arbitration from one Case Committee to another Case Committee, or replace any Council Member on a Case Committee by another Council Member. The Secretariat, in its discretion, may take any decision pursuant to this Article 4.2 of these Internal Rules, taking into account in particular the workload, any conflicts of interest, and any other reasons affecting the availability of a Council Member.
Upon receipt of a Request for Arbitration, the Secretariat shall assign supervision of the arbitration to a Case Committee. The Secretariat may at any time during the arbitration re assign supervision of an arbitration from one Case Committee to another Case Committee, or replace any Council Member on a Case Committee by another Council Member. The Secretariat, in its discretion, may take any decision pursuant to this Article 4.2 of these Internal Rules, taking into account in particular the workload, any conflicts of interest, and any other reasons affecting the availability of a Council Member.
4.3
A Council Member who has a conflict of interest with respect to any arbitration shall promptly disclose such conflict to the Secretariat, and, as from the time such Council Member obtained knowledge of the conflict, may no longer participate in decisions pertaining to such arbitration. Such Council Member may not obtain any additional information or documentation pertaining to such arbitration, and must return or destroy any information or documentation already received.
A Council Member who has a conflict of interest with respect to any arbitration shall promptly disclose such conflict to the Secretariat, and, as from the time such Council Member obtained knowledge of the conflict, may no longer participate in decisions pertaining to such arbitration. Such Council Member may not obtain any additional information or documentation pertaining to such arbitration, and must return or destroy any information or documentation already received.
4.4
Decisions by a Case Committee require a quorum of two of its members and a majority of such Case Committee.
Decisions by a Case Committee require a quorum of two of its members and a majority of such Case Committee.
4.5
As a basis for any decision of the Case Committees, the Secretariat shall prepare a written statement, which shall advise of any existing practice of other Case Committees in compara ble cases and may contain nonbinding recommendations.
As a basis for any decision of the Case Committees, the Secretariat shall prepare a written statement, which shall advise of any existing practice of other Case Committees in compara ble cases and may contain nonbinding recommendations.
Article 5: Specialized Case Committees
5.1
All arbitrations administered by the DIS pursuant to the rules of a chamber of commerce and industry referring to the Rules shall be assigned to the same Case Committee.
All arbitrations administered by the DIS pursuant to the rules of a chamber of commerce and industry referring to the Rules shall be assigned to the same Case Committee.
5.2
The DIS may at any time create additional specialized Case Committees, for example for specific geographic regions or certain types of arbitrations.
The DIS may at any time create additional specialized Case Committees, for example for specific geographic regions or certain types of arbitrations.
Article 6: The Appointing Committee
6.1
The Appointing Committee shall consist of three main members and three alternate members (together the “Appointing Committee Members”). The Appointing Committee Members shall have practical experience in domestic and international arbitration. The provisions of Section 3 of the DIS Integrity Principles shall apply to Appointing Committee Members.
The Appointing Committee shall consist of three main members and three alternate members (together the “Appointing Committee Members”). The Appointing Committee Members shall have practical experience in domestic and international arbitration. The provisions of Section 3 of the DIS Integrity Principles shall apply to Appointing Committee Members.
6.2
Appointing Committee Members shall be appointed by the DIS Board of Directors pursuant to Section 7.2 of the DIS Statutes, after consultation with the chairman of the Advisory Board of the DIS. Members of the DIS Board of Directors pursuant to Section 7.2 of the DIS Statutes, Council Members, and staff of the Secretariat may not be Appointing Committee Members.
Appointing Committee Members shall be appointed by the DIS Board of Directors pursuant to Section 7.2 of the DIS Statutes, after consultation with the chairman of the Advisory Board of the DIS. Members of the DIS Board of Directors pursuant to Section 7.2 of the DIS Statutes, Council Members, and staff of the Secretariat may not be Appointing Committee Members.
6.3
The Appointing Committee Members’ terms of office shall be three years and may be renewed once.
The Appointing Committee Members’ terms of office shall be three years and may be renewed once.
6.4
An Appointing Committee Member who has a conflict of interest with respect to any arbitration shall promptly disclose such conflict to the Secretariat, and, as from the time such Appointing Committee Member obtained knowledge of the conflict, may no longer participate in decisions pertaining to such arbitration. Such Appointing Committee Member may not obtain any additional information or documentation pertaining to such arbitration, and must return or destroy any information or documentation already received.
An Appointing Committee Member who has a conflict of interest with respect to any arbitration shall promptly disclose such conflict to the Secretariat, and, as from the time such Appointing Committee Member obtained knowledge of the conflict, may no longer participate in decisions pertaining to such arbitration. Such Appointing Committee Member may not obtain any additional information or documentation pertaining to such arbitration, and must return or destroy any information or documentation already received.
6.5
The Appointing Committee’s decisions are taken by the main members. If a main member cannot act due to a conflict of interest or otherwise, an alternate member designated by the Secretariat shall act in lieu of such main member.
The Appointing Committee’s decisions are taken by the main members. If a main member cannot act due to a conflict of interest or otherwise, an alternate member designated by the Secretariat shall act in lieu of such main member.
6.6
Decisions by the Appointing Committee require a majority vote.
Decisions by the Appointing Committee require a majority vote.
6.7
As a basis for any decision of the Appointing Committee, the Secretariat shall prepare a written statement, which shall advise of any existing practice of the Appointing Committees in comparable cases and may contain non-binding recommendations.
As a basis for any decision of the Appointing Committee, the Secretariat shall prepare a written statement, which shall advise of any existing practice of the Appointing Committees in comparable cases and may contain non-binding recommendations.
Article 7: The Secretariat
7.1
Within the Secretariat, arbitrations are administered by the Case Management Team under the direction of the Deputy Secretary General.
Within the Secretariat, arbitrations are administered by the Case Management Team under the direction of the Deputy Secretary General.
7.2
The Secretary General may, when absent or otherwise, authorize the Deputy Secretary General or another staff member of the Secretariat to decide upon the appointment of an arbitrator pursuant to Article 13.3 of the Rules.
The Secretary General may, when absent or otherwise, authorize the Deputy Secretary General or another staff member of the Secretariat to decide upon the appointment of an arbitrator pursuant to Article 13.3 of the Rules.
7.3
The Secretariat may issue notes and other documents for the information of the parties and the arbitrators or, as necessary, for the proper conduct of the arbitral proceedings.
The Secretariat may issue notes and other documents for the information of the parties and the arbitrators or, as necessary, for the proper conduct of the arbitral proceedings.
Article 8: Submissions and Notifications, Reasons, Confidentiality
8.1
All Submissions that are to be sent to the DIS under the Rules, and any communication addressed to the Arbitration Council, a Case Committee, or the Appointing Committee, shall be sent to the Secretariat.
All Submissions that are to be sent to the DIS under the Rules, and any communication addressed to the Arbitration Council, a Case Committee, or the Appointing Committee, shall be sent to the Secretariat.
8.2
All notifications from, and communications of decisions by, the Appointing Committee or any Case Committees to the parties or arbitrators concerning any arbitration shall be sent exclusively by the Secretariat.
All notifications from, and communications of decisions by, the Appointing Committee or any Case Committees to the parties or arbitrators concerning any arbitration shall be sent exclusively by the Secretariat.
8.3
The reasons for decisions of the Appointing Committee and the Case Committees shall not be communicated.
The reasons for decisions of the Appointing Committee and the Case Committees shall not be communicated.
8.4
Information and documentation relating to any arbitration, as well as to the work of the Appointing Committee, the Arbitration Council, a Case Committee, and the Secretariat, shall be confidential, unless otherwise provided in Article 44 of the Rules.
Information and documentation relating to any arbitration, as well as to the work of the Appointing Committee, the Arbitration Council, a Case Committee, and the Secretariat, shall be confidential, unless otherwise provided in Article 44 of the Rules.
Article 9: Removal of an Arbitrator from Office Pursuant to Article 16.2 of the Rules
9.1
Any party who considers that an arbitrator is not fulfilling the arbitrator’s duties pursuant to the Rules or is not, or will not be, in a position to fulfil those duties in the future, may file a request for removal (“Request for Removal”) pursuant to Article 9.2 of these Internal Rules.
Any party who considers that an arbitrator is not fulfilling the arbitrator’s duties pursuant to the Rules or is not, or will not be, in a position to fulfil those duties in the future, may file a request for removal (“Request for Removal”) pursuant to Article 9.2 of these Internal Rules.
9.2
The Request for Removal shall describe the facts and circumstances on which it is based and shall specify when the party filing the Request for Removal first obtained knowledge of the same. The Request for Removal shall be filed with the DIS no later than 14 days after the party filing the Request for Removal first obtained knowledge of the facts and circumstances on which it is based.
The Request for Removal shall describe the facts and circumstances on which it is based and shall specify when the party filing the Request for Removal first obtained knowledge of the same. The Request for Removal shall be filed with the DIS no later than 14 days after the party filing the Request for Removal first obtained knowledge of the facts and circumstances on which it is based.
9.3
The DIS shall transmit the Request for Removal to the concerned arbitrator, the other arbitrators and the other party, and shall set a time limit for comments. The DIS shall send any comments that it receives to the parties and to each arbitrator.
The DIS shall transmit the Request for Removal to the concerned arbitrator, the other arbitrators and the other party, and shall set a time limit for comments. The DIS shall send any comments that it receives to the parties and to each arbitrator.
9.4
The Case Committee to which the arbitration has been assigned pursuant to Article 4.2 shall decide upon the Request for Removal.
The Case Committee to which the arbitration has been assigned pursuant to Article 4.2 shall decide upon the Request for Removal.
9.5
If the Case Committee to which the arbitration has been assigned pursuant to Article 4.2 considers that an arbitrator is not fulfilling the arbitrator’s duties pursuant to the Rules or is not, or will not be, in a position to fulfil those duties in the future, such Case Committee may, after consultation with the parties and all arbitrators, remove such arbitrator from office even in the absence of a Request for Removal.
If the Case Committee to which the arbitration has been assigned pursuant to Article 4.2 considers that an arbitrator is not fulfilling the arbitrator’s duties pursuant to the Rules or is not, or will not be, in a position to fulfil those duties in the future, such Case Committee may, after consultation with the parties and all arbitrators, remove such arbitrator from office even in the absence of a Request for Removal.
Article 10: Transitional Provision
Until such time as the DIS Statutes have been amended, Section 14 of the DIS Statutes regarding the DIS Appointing Committee shall supersede the provisions of Article 6 of these Internal Rules.
Quelle: DIS
Import: