Art. 42 DIS Arb - Termination of the Arbitration before the Making of a Final Award

DIS Arb
DIS Arbitration Rules (2018)

ZivilrechtZivilprozessrecht

Schiedsverfahrensrecht

42.1
The arbitration may be terminated before the arbitral tribunal makes its final award, either by the arbitral tribunal pursuant to Article 42.2, or by the DIS pursuant to Articles 42.4, 42.5 or 42.6.

42.2
The arbitral tribunal shall terminate the arbitration by way of a termination order:

(i) if all of the parties agree to terminate the arbitration;

(ii) if one of the parties requests a termination order and none of the other parties objects, or, if there is an objection, the arbitral tribunal considers that the objecting party has no legitimate interest in the continuation of the arbitration;

(iii) if the parties fail to pursue the arbitration even after being requested to do so by the arbitral tribunal;

(iv) if the arbitral tribunal considers that, for any other reason, the arbitration cannot be continued.

42.3
Any termination order issued by the arbitral tribunal is without prejudice to a party’s right to resubmit its claims in a new proceeding.

42.4
Prior to the constitution of the arbitral tribunal, the Arbitration Council may, after consultation with the parties, decide to terminate the arbitration:

(i) if the parties have agreed that the arbitration be terminated;

(ii) if the DIS considers that it is not possible to constitute the arbitral tribunal pursuant to the Rules;

(iii) if the parties fail to pursue the arbitration even after being requested to do so by the DIS;

(iv) if the DIS considers that, for any other reason, the arbitration cannot be continued.

42.5
Prior to or after the constitution of the arbitral tribunal, the Arbitration Council may decide to terminate the arbitration if the parties fail within the set time limit to pay in full any initial deposits, Deposits or Administrative Fees requested by the DIS pursuant to the Rules. If the arbitral tribunal is already constituted, the arbitral tribunal may, upon consultation with the DIS, suspend its work prior to the termination by the Arbitration Council.

42.6
The DIS may, subject to the provision set forth in the second sentence of Article 5.4, terminate the arbitration at any time if a party has failed to comply with the request of the DIS to supplement a filing pursuant to Articles 5, 7 or 19 within the time limit set by the DIS.

42.7
A termination of the arbitration in whole or in part pursuant to Articles 42.4, 42.5 or 42.6 is without prejudice to a party’s right to resubmit its claims in a new proceeding.

Quelle: DIS

Import: 02.01.2025

DIS Arb infoDIS Arbitration Rules (2018)info

Schiedsverfahrensrecht

DIS Arb
DIS Arbitration Rules (2018)