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DIS Arb DIS Arbitration Rules (2018)
ZivilrechtZivilprozessrecht
Schiedsverfahrensrecht
Paragraph 1: Introductory Provisions
1.1
With respect to the entire arbitration, the version of this Annex in force on the date of its commencement pursuant to Article 6 of the Rules shall apply.
With respect to the entire arbitration, the version of this Annex in force on the date of its commencement pursuant to Article 6 of the Rules shall apply.
1.2
The arbitrators’ fees and the Administrative Fees of the DIS shall, pursuant to Paragraphs 2 and 3 of this Annex 2, be calculated on the basis of the amount in dispute. If the amount in dispute is not quantified or not estimated, the DIS shall set a time limit for the parties to do so. If the parties do not do so within the time limit set by the DIS, Paragraphs 2.3 and 3.3 of this Annex 2 shall apply.
The arbitrators’ fees and the Administrative Fees of the DIS shall, pursuant to Paragraphs 2 and 3 of this Annex 2, be calculated on the basis of the amount in dispute. If the amount in dispute is not quantified or not estimated, the DIS shall set a time limit for the parties to do so. If the parties do not do so within the time limit set by the DIS, Paragraphs 2.3 and 3.3 of this Annex 2 shall apply.
1.3
The parties are jointly and severally liable for the costs of the arbitration within the meaning of Article 32 (i), (ii) and (iv) of the Rules, without prejudice to any claims for reimbursement of costs between or among the parties.
The parties are jointly and severally liable for the costs of the arbitration within the meaning of Article 32 (i), (ii) and (iv) of the Rules, without prejudice to any claims for reimbursement of costs between or among the parties.
Paragraph 2: Arbitrators’ Fees
2.1
The arbitrators’ fees shall be calculated on the basis of the amount in dispute pursuant to the following table:
The arbitrators’ fees shall be calculated on the basis of the amount in dispute pursuant to the following table:
| Amount in Dispute | Fee for each Co-Arbitrator | Fees for President / Sole Arbitrator |
|---|---|---|
| Up to 5.000 € | 770 € | 1.000 € |
| From 5.000,01 € to 20.000 € | 1.150 € | 1.500 € |
| From 20.000,01 € to 50.000 € | 2.300 € | 3.000 € |
| From 50.000,01 € to 70.000 € | 3.000 € | 4.000 € |
| From 70.000,01 € to 100.000 € | 3.800 € | 5.000 € |
| From 100.000,01 € to 500.000 € | 4.450 € plus 2 % of the amount exceeding 100.000 € | Fee of a co-arbitrator plus 30 |
| From 500.000,01 € to 1.000.000 € | 12.450 € plus 1,4 % of the amount exceeding 500.000 € | Fee of a co-arbitrator plus 30 |
| From 1.000.000,01 € to 2.000.000 € | 19.450 € plus 1 % of the amount exceeding 1.000.000 € | Fee of a co-arbitrator plus 30 |
| From 2.000.000,01 € to 5.000.000 € | 29.450 € plus 0,5 % of the amount exceeding 2.000.000 € | Fee of a co-arbitrator plus 30 |
| From 5.000.000,01 € to 10.000.000 € | 44.450 € plus 0,3 % of the amount exceeding 5.000.000 € | Fee of a co-arbitrator plus 30 |
| From 10.000.000,01 € to 50.000.000 € | 59.450 € plus 0,1 % of the amount exceeding 10.000.000 € | Fee of a co-arbitrator plus 30 |
| From 50.000.000,01 € to 100.000.000 € | 99.450 € plus 0,06 % of the amount exceeding 50.000.000 € | Fee of a co-arbitrator plus 30 |
| above 100.000.000 € | 129.450 € plus 0,05 % of the amount exceeding 100.000.000 € up to 650.000.000 €; above 750.000.000.01 €, increases in the amount in dispute shall not further increase the fee | Fee of a co-arbitrator plus 30 |
2.2
In case of a counterclaim or a Request against an Additional Party, the sum of the amounts in dispute of the Request, the counterclaim, and the Request against an Additional Party shall serve as the basis for the calculation of the fees.
In case of a counterclaim or a Request against an Additional Party, the sum of the amounts in dispute of the Request, the counterclaim, and the Request against an Additional Party shall serve as the basis for the calculation of the fees.
2.3
If information on the amount in dispute is missing from the Request, the counterclaim, or the Request against an Additional Party, or if the DIS considers that the amount of any quantified claim has been manifestly undervalued, the DIS may initially calculate the arbitrators’ fees on the basis of an amount in dispute determined by the DIS in its discretion, which shall apply until a determination of the amount in dispute pursuant to Article 36 of the Rules.
If information on the amount in dispute is missing from the Request, the counterclaim, or the Request against an Additional Party, or if the DIS considers that the amount of any quantified claim has been manifestly undervalued, the DIS may initially calculate the arbitrators’ fees on the basis of an amount in dispute determined by the DIS in its discretion, which shall apply until a determination of the amount in dispute pursuant to Article 36 of the Rules.
2.4
If there are more than two parties to the arbitration, the fees set forth in Paragraph 2.1 above shall be increased respectively by 10 percent for each additional party, not to exceed 50 percent overall.
If there are more than two parties to the arbitration, the fees set forth in Paragraph 2.1 above shall be increased respectively by 10 percent for each additional party, not to exceed 50 percent overall.
2.5
In cases of particular legal or factual complexity, at the request of the arbitral tribunal and after consultation with the parties, the Arbitration Council may in its discretion determine an increase in the fees calculated pursuant to Paragraphs 2.1 and 2.4 above, not to exceed 50 percent. In deciding on any such increase in fees, the Arbitration Council shall take into account in particular the amount of time spent, the diligence and efficiency of the arbitrators, having regard to the complexity and economic importance of the dispute, as well as the arbitral tribunal’s contribution to encouraging an amicable settlement of the dispute.
In cases of particular legal or factual complexity, at the request of the arbitral tribunal and after consultation with the parties, the Arbitration Council may in its discretion determine an increase in the fees calculated pursuant to Paragraphs 2.1 and 2.4 above, not to exceed 50 percent. In deciding on any such increase in fees, the Arbitration Council shall take into account in particular the amount of time spent, the diligence and efficiency of the arbitrators, having regard to the complexity and economic importance of the dispute, as well as the arbitral tribunal’s contribution to encouraging an amicable settlement of the dispute.
2.6
A decision on an application for interim relief pursuant to Article 25 of the Rules shall constitute a case of particular complexity within the meaning of Paragraph 2.5 above.
A decision on an application for interim relief pursuant to Article 25 of the Rules shall constitute a case of particular complexity within the meaning of Paragraph 2.5 above.
2.7
If a replacement arbitrator is appointed pursuant to Article 16 of the Rules, the Arbitration Council shall in its discretion determine the amount of the fees of the replacement arbitrator.
If a replacement arbitrator is appointed pursuant to Article 16 of the Rules, the Arbitration Council shall in its discretion determine the amount of the fees of the replacement arbitrator.
2.8
If the proceedings are terminated prior to the constitution of the arbitral tribunal, no arbitrator who has already been appointed shall be entitled to any fees or expenses.
If the proceedings are terminated prior to the constitution of the arbitral tribunal, no arbitrator who has already been appointed shall be entitled to any fees or expenses.
Paragraph 3: Administrative Fees of the DIS
3.1
The Administrative Fees of the DIS for the filing of a Request shall amount to:
The Administrative Fees of the DIS for the filing of a Request shall amount to:
| Amount in Dispute | Administrative Fees of the DIS |
|---|---|
| up to 50.000 € | 2 % of the amount in dispute, minimum 750 € |
| from 50.000,01 € to 1.000.000 € | 1.000 € plus 1 % of the amount exceeding 50.000 € |
| above 1.000.000 € | 10.500 € plus 0,5 % of the amount exceeding 1.000.000, maximum 40.000 € |
3.2
In case of a counterclaim or a Request against an Additional Party, Paragraph 3.1 of this Annex 2 shall apply to the Administrative Fees, mutatis mutandis. In such cases, the Administrative Fees of the DIS shall amount to the sum of the Administrative Fees pursuant to Paragraphs 3.1 and 3.2 of this Annex 2.
In case of a counterclaim or a Request against an Additional Party, Paragraph 3.1 of this Annex 2 shall apply to the Administrative Fees, mutatis mutandis. In such cases, the Administrative Fees of the DIS shall amount to the sum of the Administrative Fees pursuant to Paragraphs 3.1 and 3.2 of this Annex 2.
3.3
If the Request, the counterclaim, or the Request against an Additional Party does not contain any quantification of claims, or if the DIS considers that the amount of any quantified claim has been manifestly undervalued, the DIS may initially calculate the Administrative Fees on the basis of an amount in dispute determined by the DIS in its discretion, which shall apply until a determination of the amount in dispute pursuant to Article 36 of the Rules.
If the Request, the counterclaim, or the Request against an Additional Party does not contain any quantification of claims, or if the DIS considers that the amount of any quantified claim has been manifestly undervalued, the DIS may initially calculate the Administrative Fees on the basis of an amount in dispute determined by the DIS in its discretion, which shall apply until a determination of the amount in dispute pursuant to Article 36 of the Rules.
3.4
If there are more than two parties to the arbitration, the Administrative Fees pursuant to Paragraphs 3.1 and 3.2 of this Annex 2 shall be increased respectively by 10 percent for each additional party. The increase shall not exceed, respectively, 20.000 € overall.
If there are more than two parties to the arbitration, the Administrative Fees pursuant to Paragraphs 3.1 and 3.2 of this Annex 2 shall be increased respectively by 10 percent for each additional party. The increase shall not exceed, respectively, 20.000 € overall.
3.5
If the proceedings are terminated prior to the constitution of the arbitral tribunal, the DIS may reduce its Administrative Fees by up to 50 percent.
If the proceedings are terminated prior to the constitution of the arbitral tribunal, the DIS may reduce its Administrative Fees by up to 50 percent.
3.6
In case of a consolidation of two or more arbitrations, the amounts in dispute of the claims of a party in the respective arbitrations shall be added together and the new Administrative Fee for each party shall be calculated on the basis of the sum of these amounts in dispute. Any amounts already paid by the parties shall be deducted.
In case of a consolidation of two or more arbitrations, the amounts in dispute of the claims of a party in the respective arbitrations shall be added together and the new Administrative Fee for each party shall be calculated on the basis of the sum of these amounts in dispute. Any amounts already paid by the parties shall be deducted.
3.7
If a Submission within the meaning of Article 3.2 of the Rules is filed with the DIS in a language other than German or English, the DIS may charge the costs of a translation in addition to the Administrative Fees.
If a Submission within the meaning of Article 3.2 of the Rules is filed with the DIS in a language other than German or English, the DIS may charge the costs of a translation in addition to the Administrative Fees.
3.8
If proceedings are conducted prior to the commencement of the arbitration pursuant to
If proceedings are conducted prior to the commencement of the arbitration pursuant to
–the DIS Mediation Rules,
– the DIS Conciliation Rules,
– the DIS Rules on Adjudication,
– the DIS Rules on Expertise, or
– the DIS Rules on Expert Determination,
any DIS Administrative Fees already paid by the parties for such proceedings shall be deducted from the Administrative Fees for the arbitration. If any such proceedings are instituted after the arbitration has been commenced, no additional DIS Administrative Fees for such proceedings shall be charged.
Paragraph 4: Initial Deposit and Deposit
4.1
The total amount of the Deposits to be provided by the parties pursuant to Article 35 of the Rules shall correspond to the sum of the anticipated fees of the arbitrators pursuant to Paragraph 2, the anticipated expenses of the arbitrators pursuant to Paragraph 5, and any supplement pursuant to Paragraph 6 of this Annex 2.
The total amount of the Deposits to be provided by the parties pursuant to Article 35 of the Rules shall correspond to the sum of the anticipated fees of the arbitrators pursuant to Paragraph 2, the anticipated expenses of the arbitrators pursuant to Paragraph 5, and any supplement pursuant to Paragraph 6 of this Annex 2.
4.2
The DIS shall fix the amount of the initial deposit and of the Deposit. When calculating the initial deposit, the DIS may take into consideration the fees of the arbitral tribunal as a whole or initially only in part. In the latter case, the remaining fees shall be taken into consideration when calculating the Deposit.
The DIS shall fix the amount of the initial deposit and of the Deposit. When calculating the initial deposit, the DIS may take into consideration the fees of the arbitral tribunal as a whole or initially only in part. In the latter case, the remaining fees shall be taken into consideration when calculating the Deposit.
4.3
In case a counterclaim or a Request against an Additional Party is filed, at the request of a party and after consultation with the arbitral tribunal the Arbitration Council may decide that for the respective claims separate initial deposits or Deposits and separate Administrative Fees shall be paid.
In case a counterclaim or a Request against an Additional Party is filed, at the request of a party and after consultation with the arbitral tribunal the Arbitration Council may decide that for the respective claims separate initial deposits or Deposits and separate Administrative Fees shall be paid.
4.4
The DIS may increase or decrease the initial deposit and the Deposit during the course of the proceedings.
The DIS may increase or decrease the initial deposit and the Deposit during the course of the proceedings.
4.5
The DIS shall administer the initial deposit and the Deposit until they have been paid out to the arbitral tribunal. Prior to the termination of the arbitration, the DIS shall bear any negative interest, and shall be entitled to any positive interest, on the Deposits.
The DIS shall administer the initial deposit and the Deposit until they have been paid out to the arbitral tribunal. Prior to the termination of the arbitration, the DIS shall bear any negative interest, and shall be entitled to any positive interest, on the Deposits.
Paragraph 5: Expenses of the Arbitral Tribunal
For the reimbursement of expenses pursuant to Article 34.1 of the Rules, the version of the respective guidelines of the DIS in force on the date of the commencement of the arbitration shall apply.
Paragraph 6: Value Added Tax
6.1
The fees paid by the DIS to the arbitrators are not inclusive of value added tax or any comparable taxes or charges to which the fees of arbitrators may be subject.
The fees paid by the DIS to the arbitrators are not inclusive of value added tax or any comparable taxes or charges to which the fees of arbitrators may be subject.
6.2
It is the obligation of the parties to reimburse the arbitrators for value added tax or any comparable taxes or charges. The reimbursement of such taxes and charges shall exclusively occur between the parties and the arbitrators. To facilitate the process of reimbursement, in calculating the initial deposit and the Deposit, the DIS in principle shall charge a supplement in an amount up to 20 percent of the fees, which may be used to reimburse any such taxes or charges upon presentation of a corresponding invoice by an arbitrator to one or more parties.
It is the obligation of the parties to reimburse the arbitrators for value added tax or any comparable taxes or charges. The reimbursement of such taxes and charges shall exclusively occur between the parties and the arbitrators. To facilitate the process of reimbursement, in calculating the initial deposit and the Deposit, the DIS in principle shall charge a supplement in an amount up to 20 percent of the fees, which may be used to reimburse any such taxes or charges upon presentation of a corresponding invoice by an arbitrator to one or more parties.
6.3
The Administrative Fees of the DIS may be subject to value added tax or similar other taxes or charges. The parties shall pay such taxes or charges in addition to paying the Administrative Fees pursuant to Paragraph 3 of this Annex 2.
The Administrative Fees of the DIS may be subject to value added tax or similar other taxes or charges. The parties shall pay such taxes or charges in addition to paying the Administrative Fees pursuant to Paragraph 3 of this Annex 2.
Quelle: DIS
Import: