'%20transform='translate(-1245%20-1388)'%3e%3cpath%20d='M1264.5%201438.05C1264.5%201426.7%201273.7%201417.5%201285.05%201417.5L1387.95%201417.5C1399.3%201417.5%201408.5%201426.7%201408.5%201438.05L1408.5%202025.95C1408.5%202037.3%201399.3%202046.5%201387.95%202046.5L1285.05%202046.5C1273.7%202046.5%201264.5%202037.3%201264.5%202025.95Z'%20stroke='%23FFFFFF'%20stroke-width='37.3333'%20stroke-miterlimit='8'%20fill='none'%20fill-rule='evenodd'/%3e%3cpath%20d='M1490.5%201435.83C1490.5%201425.71%201498.71%201417.5%201508.83%201417.5L1616.17%201417.5C1626.29%201417.5%201634.5%201425.71%201634.5%201435.83L1634.5%202028.17C1634.5%202038.29%201626.29%202046.5%201616.17%202046.5L1508.83%202046.5C1498.71%202046.5%201490.5%202038.29%201490.5%202028.17Z'%20stroke='%23FFFFFF'%20stroke-width='37.3333'%20stroke-miterlimit='8'%20fill='none'%20fill-rule='evenodd'/%3e%3cpath%20d='M1699.29%201449.98C1697.3%201439.76%201703.98%201429.85%201714.21%201427.87L1818.64%201407.57C1828.87%201405.58%201838.77%201412.26%201840.76%201422.48L1953.63%202003.18C1955.62%202013.41%201948.94%202023.31%201938.71%202025.3L1834.28%202045.6C1824.06%202047.58%201814.16%202040.9%201812.17%202030.68Z'%20stroke='%23FFFFFF'%20stroke-width='37.3333'%20stroke-miterlimit='8'%20fill='none'%20fill-rule='evenodd'/%3e%3cpath%20d='M1296%201495.92C1296%201490.99%201299.99%201487%201304.92%201487L1366.08%201487C1371.01%201487%201375%201490.99%201375%201495.92L1375%201598.08C1375%201603.01%201371.01%201607%201366.08%201607L1304.92%201607C1299.99%201607%201296%201603.01%201296%201598.08Z'%20fill='%23FFFFFF'%20fill-rule='evenodd'/%3e%3cpath%20d='M1523%201495.92C1523%201490.99%201526.99%201487%201531.92%201487L1593.08%201487C1598.01%201487%201602%201490.99%201602%201495.92L1602%201598.08C1602%201603.01%201598.01%201607%201593.08%201607L1531.92%201607C1526.99%201607%201523%201603.01%201523%201598.08Z'%20fill='%23FFFFFF'%20fill-rule='evenodd'/%3e%3cpath%20d='M1742.41%201505.25C1741.46%201500.39%201744.63%201495.69%201749.49%201494.74L1809.81%201483.02C1814.67%201482.07%201819.37%201485.25%201820.32%201490.11L1839.66%201589.61C1840.6%201594.47%201837.43%201599.17%201832.57%201600.11L1772.26%201611.84C1767.4%201612.78%201762.69%201609.61%201761.75%201604.75Z'%20fill='%23FFFFFF'%20fill-rule='evenodd'/%3e%3c/g%3e%3c/svg%3e)
DIS Arb DIS Arbitration Rules (2018)
ZivilrechtZivilprozessrecht
Schiedsverfahrensrecht
Article 1: Scope of Application
1.1
These Dispute Management Rules (the “DMR”) shall apply when
These Dispute Management Rules (the “DMR”) shall apply when
(i) the parties have agreed to conduct dispute management proceedings under the DMR,
or
(ii) a party initiates dispute management proceedings under the DMR and the other party consents thereto.
1.2
With respect to any dispute management proceedings, the version of the DMR in force on the date of their commencement pursuant to Article 2.4 of these DMR shall apply.
With respect to any dispute management proceedings, the version of the DMR in force on the date of their commencement pursuant to Article 2.4 of these DMR shall apply.
Article 2: Initiation and Commencement of the Proceedings
2.1
A party wishing to commence dispute management proceedings under the DMR shall file a written application with the DIS. The application shall contain:
A party wishing to commence dispute management proceedings under the DMR shall file a written application with the DIS. The application shall contain:
(i) the names and addresses of the parties;
(ii) the names and addresses of any designated counsel representing the applicant;
(iii) a brief description of the dispute and the underlying facts;
and
(iv) the asserted claims and information regarding the amount in dispute.
2.2
If at the time of the application there is an agreement to conduct dispute management proceedings under the DMR, the applicant shall submit a copy of such agreement together with the application pursuant to Article 2.1 of these DMR, as well as evidence of payment to the DIS of half of the costs pursuant to Article 9.1 (i) and (ii) of these DMR. The DIS shall send the application for the commencement of dispute management proceedings to the other party and shall request the other party to pay the other half of the costs pursuant to Article 9.1 (i) and (ii) of these DMR.
If at the time of the application there is an agreement to conduct dispute management proceedings under the DMR, the applicant shall submit a copy of such agreement together with the application pursuant to Article 2.1 of these DMR, as well as evidence of payment to the DIS of half of the costs pursuant to Article 9.1 (i) and (ii) of these DMR. The DIS shall send the application for the commencement of dispute management proceedings to the other party and shall request the other party to pay the other half of the costs pursuant to Article 9.1 (i) and (ii) of these DMR.
2.3
If the applicant states that at the time of the application there is no agreement to conduct dispute management proceedings under the DMR, or no agreement is filed with the application pursuant to Article 2.2 of these DMR, the DIS shall send the application to commence dispute management proceedings to the other party requesting that the latter, within 14 days, provide the DIS with its written consent to conduct such proceedings. If the other party fails to provide its consent within such time period, no dispute management proceedings shall take place. If such consent is provided, the DIS shall request the parties to pay the costs pursuant to Article 9 (i) and (ii) of these DMR.
If the applicant states that at the time of the application there is no agreement to conduct dispute management proceedings under the DMR, or no agreement is filed with the application pursuant to Article 2.2 of these DMR, the DIS shall send the application to commence dispute management proceedings to the other party requesting that the latter, within 14 days, provide the DIS with its written consent to conduct such proceedings. If the other party fails to provide its consent within such time period, no dispute management proceedings shall take place. If such consent is provided, the DIS shall request the parties to pay the costs pursuant to Article 9 (i) and (ii) of these DMR.
2.4
The dispute management proceedings shall commence:
The dispute management proceedings shall commence:
(i) in the case of Article 2.2 of these DMR, on the date on which the application for commencement of dispute management proceedings is filed with the DIS;
(ii) in the case of Article 2.3 of these DMR, on the date on which the consent of the other party is filed with the DIS.
The DIS shall inform the parties about the date of commencement of the proceedings.
Article 3: Appointment of a Dispute Manager
After commencement of the dispute management proceedings pursuant to Article 2.4 of these DMR, and after informal consultation with the parties, the DIS shall appoint an impartial and independent Dispute Manager. The DIS may refrain from appointing a Dispute Manager unless and until the costs pursuant to Article 9.1 (i) and (ii) of these DMR have been paid.
Article 4: Joint Consultation
4.1
The Dispute Manager shall contact the parties promptly, and no later than one week following his or her appointment, in order to determine, together with the parties, the date and venue for a joint consultation. The Dispute Manager may prepare the joint consultation at his or her discretion and may provide guidance to the parties in advance.
The Dispute Manager shall contact the parties promptly, and no later than one week following his or her appointment, in order to determine, together with the parties, the date and venue for a joint consultation. The Dispute Manager may prepare the joint consultation at his or her discretion and may provide guidance to the parties in advance.
4.2
During the joint consultation, the Dispute Manager shall comprehensively consult and assist the parties in deciding upon the selection and design of the dispute resolution procedure.
During the joint consultation, the Dispute Manager shall comprehensively consult and assist the parties in deciding upon the selection and design of the dispute resolution procedure.
4.3
The parties agree to endeavour, with the assistance of the Dispute Manager, to agree on an appropriate dispute resolution procedure during or promptly after the joint consultation. The parties and the Dispute Manager are free in their selection of such procedure. The Dispute Manager may make proposals regarding the appropriate dispute resolution procedure, but is not authorized to make any decisions.
The parties agree to endeavour, with the assistance of the Dispute Manager, to agree on an appropriate dispute resolution procedure during or promptly after the joint consultation. The parties and the Dispute Manager are free in their selection of such procedure. The Dispute Manager may make proposals regarding the appropriate dispute resolution procedure, but is not authorized to make any decisions.
Article 5: Termination of the Proceedings
5.1
The dispute management proceedings shall terminate:
The dispute management proceedings shall terminate:
(i) on the date of the written declaration by the parties that they have agreed upon a dispute resolution procedure pursuant to Article 4.3 of these DMR;
(ii) on the date on which a party files with the DIS a written termination notice;
(iii) on the date on which the Dispute Manager files with the DIS a written termination notice, in particular when he or she considers that conducting the joint consultation would not serve a purpose or that the parties cannot be expected to reach an agreement;
(iv) if the parties have failed to agree on a dispute resolution procedure two months from commencement of the proceedings pursuant to Article 2.4 of these DMR.
5.2
The DIS may decide to terminate the dispute management proceedings at any time if, within the time limit set by the DIS, the costs pursuant to Article 9 of these DMR have not been paid.
The DIS may decide to terminate the dispute management proceedings at any time if, within the time limit set by the DIS, the costs pursuant to Article 9 of these DMR have not been paid.
Article 6: Prescription
The statute of limitations applicable to the claims described in the application shall be tolled upon commencement of the dispute management proceedings pursuant to Article 2.4 of these DMR, until three months after the termination of the proceedings pursuant to Article 5 of these DMR.
Article 7: Special Provisions in the Event of a Pending Dispute Resolution Procedure
7.1
If there is a dispute resolution procedure already pending between the parties that involves matters related to the dispute management proceedings, the parties and the Dispute Manager during the joint consultation should additionally take into consideration any effects on such procedure.
If there is a dispute resolution procedure already pending between the parties that involves matters related to the dispute management proceedings, the parties and the Dispute Manager during the joint consultation should additionally take into consideration any effects on such procedure.
7.2
If the pending procedure is an arbitration under the DIS Arbitration Rules, in addition to Article 7.1 of these DMR the following shall apply:
If the pending procedure is an arbitration under the DIS Arbitration Rules, in addition to Article 7.1 of these DMR the following shall apply:
(i) no Administrative Fees pursuant to these DMR shall be due;
(ii) the time limit stipulated in Article 2.3 of these DMR for the other party to provide its consent shall be five days;
(iii) in deviation from Article 5.1 (iv) of these DMR, the dispute management proceedings shall terminate if, within 30 days from commencement of the dispute resolution proceedings pursuant to Article 2.4 of these DMR, the parties do not agree on a dispute resolution procedure other than the already pending dispute resolution procedure pursuant to Article 7.1 of these DMR.
Article 8: Confidentiality
8.1
Unless the parties agree otherwise, the parties and their outside counsel, the Dispute Manager, the DIS employees, and any other persons associated with the DIS who are involved in the dispute management proceedings shall not disclose to anyone any information concerning the proceedings, including in particular the existence of the proceedings, the names of the parties, the nature of the claims, the names of any witnesses or experts, any procedural orders or awards, and any evidence that is not publicly available. Disclosures may nonetheless be made to the extent required by applicable law or by other legal duties.
Unless the parties agree otherwise, the parties and their outside counsel, the Dispute Manager, the DIS employees, and any other persons associated with the DIS who are involved in the dispute management proceedings shall not disclose to anyone any information concerning the proceedings, including in particular the existence of the proceedings, the names of the parties, the nature of the claims, the names of any witnesses or experts, any procedural orders or awards, and any evidence that is not publicly available. Disclosures may nonetheless be made to the extent required by applicable law or by other legal duties.
8.2
Unless the parties agree otherwise, no party shall nominate the Dispute Manager as a witness in a procedure that relates to the subject matter of the dispute management proceedings.
Unless the parties agree otherwise, no party shall nominate the Dispute Manager as a witness in a procedure that relates to the subject matter of the dispute management proceedings.
8.3
Unless the other party consents thereto, no party shall appoint or otherwise engage the Dispute Manager as party-appointed arbitrator, expert, counsel, or advisor in any arbitration, litigation, or alternative dispute resolution proceedings that relate to the subject matter of the dispute management proceedings.
Unless the other party consents thereto, no party shall appoint or otherwise engage the Dispute Manager as party-appointed arbitrator, expert, counsel, or advisor in any arbitration, litigation, or alternative dispute resolution proceedings that relate to the subject matter of the dispute management proceedings.
8.4
The DIS may publish statistical data or other general information concerning dispute management proceedings, provided that no party is identified by name and that no particular dispute management proceedings are identifiable on the basis of such information.
The DIS may publish statistical data or other general information concerning dispute management proceedings, provided that no party is identified by name and that no particular dispute management proceedings are identifiable on the basis of such information.
8.5
Article 8 of these DMR is notwithstanding any contractual confidentiality and secrecy obligations of the parties.
Article 8 of these DMR is notwithstanding any contractual confidentiality and secrecy obligations of the parties.
Article 9: Costs
9.1
The costs of the dispute management proceedings (including the DIS Administrative Fees and the fees and expenses of the Dispute Manager) shall be determined as follows:
The costs of the dispute management proceedings (including the DIS Administrative Fees and the fees and expenses of the Dispute Manager) shall be determined as follows:
(i) The DIS Administrative Fees shall amount to 500 €.
(ii) The Dispute Manager shall be entitled to a flat fee of 2.500 €, which shall include the preparation for, and the conduct of, the first joint consultation, and which shall be due even if, for reasons beyond the Dispute Manager’s control, no joint consultation takes place.
(iii) The Dispute Manager’s necessary and documented expenses, in particular travel and lodging costs, shall be reimbursed.
9.2
Paragraph 6 of Annex 2 to the DIS Arbitration Rules in respect of value added tax shall apply, mutatis mutandis.
Paragraph 6 of Annex 2 to the DIS Arbitration Rules in respect of value added tax shall apply, mutatis mutandis.
9.3
The parties shall bear in equal shares, and are jointly and severally liable for, the costs of the dispute management proceedings pursuant to Article 9.1.
The parties shall bear in equal shares, and are jointly and severally liable for, the costs of the dispute management proceedings pursuant to Article 9.1.
Article 10: Limitation of Liability
For any acts or omissions in connection with the dispute management proceedings, a Dispute Manager, the DIS, its statutory organs, its employees, and any other person associated with the DIS who is involved in the proceedings shall not be liable, except in case of an intentional breach of duty or gross negligence.
Quelle: DIS
Import: