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About the DIS

1. The German Institution of Arbitration (DIS)

The German Institution of Arbitration (DIS) is a registered association with its seat in Berlin, whose history can be traced back to 1920. The main secretariat is located in Cologne. The DIS, in its current form, is the result of a merger between the German Arbitration Committee and the German Arbitration Institute on 1 January 1992.

The association currently has more than 1,400 members based in Germany and overseas, including numerous major trade organisations and chambers of commerce, leading German companies, judges, lawyers and academics.

The organs of the DIS include a Board of Directors comprising 18 members chaired by Prof. Dr. Herbert Kronke, an Advisory Board comprising 20 members and a Secretariat under the leadership of the General-Secretary, Dr. Francesca Mazza.

The DIS promotes arbitration and provides support for the conduct of arbitration related tasks in Germany.

In addition to the main secretariat in Cologne, the DIS also has offices in Berlin and Munich.

2. DIS Arbitration Rules 98

The current DIS Arbitration Rules have been in force since 1 July 1998 and are available irrespective of location or sector to all branches of trade for the settlement of disputes.

The DIS Arbitration Rules grant the parties autonomy to the greatest extent possible for the organisation of the arbitration and they have unequivocally demonstrated their worth in hundreds of arbitrations. The DIS is available as a contact for every stage of the arbitration.

The costs of the arbitration are determined by the amount in dispute (Section 40 Sub. 5 DIS Arbitration Rules). The calculation is in accordance with a table of costs (Appendix to Section 40 Sub. 5 DIS Rules), which has been in force since 1 April 2014.

Since 1 April 2008 the DIS has offered Supplementary Rules for Expedited Proceedings (DIS-SREP). These rules supplement the DIS Arbitration Rules of 1998 and provide for, among other things, the determination of the dispute by a sole arbitrator, a limitation of the number of briefs exchanged, an oral hearing and a termination of proceedings within six months (in the case of a sole arbitrator) and nine months (in the case of a three-member tribunal) after commencement of proceedings.

Furthermore, since 15 September 2009 the DIS has offered Supplementary Rules for Corporate Law Disputes (DIS-SRCoLD). Like the SREP, the DIS-SRCoLD supplement the DIS Arbitration Rules of 1998. They are designed specifically for the determination of disputes relating to resolutions of limited liability companies (GmbH), although they are also suitable for various other types of disputes.

The above rules are available in different languages here and the corresponding model clauses are available here.

3. Further ADR Rules

With its DIS Conflict Management Rules (DIS-CMR) the DIS, since 1 May 2010, offers a set of the procedural rules, in which, upon application by a party, a conflict manager nominated by the DIS clarifies with the parties, ideally within a few days of the dispute arising, how and by which method the conflict is to be resolved.

Besides the DIS Arbitration Rules the following rules for the resolution of disputes are available:

• the DIS Mediation Rules (DIS-MedR) for all cases in which the parties wish to conduct mediation proceedings with respect to a specific dispute;

• the DIS Rules on Expert Determination (DIS-EDR) for all cases in which the parties wish to achieve a decision by a third party with preliminary (or final) binding effect with respect to a specific issue in dispute;

• the DIS Rules on Expertise (DIS-ER) for all cases in which the parties wish to receive a determination by a third party which is not binding, but merely a determination by an expert and contains a recommendation for the resolution of the dispute;

• the DIS Rules on Adjudication (DIS-AR) for all cases in which the parties which to implement a dispute board at the outset of a project responsible for the resolution of all disputes during the course of the project.

In addition, the DIS Conciliation Rules, in force as of 1 January 2002, do not contain any specific guidelines respecting the procedural principles of the intermediary.

The parties can agree to all of the rules even without a prior conflict management procedure.

The aforementioned rules are available on the DIS website here and corresponding model clauses are available here.

4. DIS German Court of Arbitration for Sport

Since 1 January 2008, the DIS has hosted the German Court of Arbitration for Sport. The idea of establishing an independent arbitration court for sports-related matters was a joint initiative of the German National Anti-Doping Agency (NADA) and the DIS. The DIS-Sports Arbitration Rules were specifically developed for resolving sports-related disputes, such as disputes relating to breaches of anti-doping rules, disputes arising in the context of sports events, transfer disputes, disputes in respect of licensing and sponsoring agreements, as well as disputes arising from membership in a sports club or association, etc. The rules are essentially consistent with the current DIS Arbitration Rules and are based on the practical experience of the DIS since 1998 in the administration of arbitration proceedings.

In the event of proceedings in respect of breaches of anti-doping rules, the DIS Sport Arbitration Rules provide for different options, from direct sanctions for a violation of an anti-doping rule to an appeal for arbitral review of a decision rendered by an internal disciplinary body of a sports federation. In all disputes in respect of a breach of anti-doping rules, the DIS Sport Arbitration Rules provide for a review of an arbitral award by the Court of Arbitration for Sport (CAS). Further information on the German Court of Arbitration for Sport is available here.

5. Further tasks and activities of the DIS

As the leading German Arbitration Institution, the DIS has numerous other tasks. The DIS operates as the appointing authority for proceedings under the UNCITRAL Arbitration Rules and is often designated as the appointing authority in national and international ad-hoc arbitration proceedings.

The DIS promotes the development of arbitration-related scholarship and teaching. The DIS offers, amongst other things, conferences on current issues in the field of arbitration or alternative dispute resolution several times a year. Furthermore, it participates as a cooperation partner in numerous other events (e.g. Petersberg Arbitration Days).

Since 2003, the DIS in cooperation with Verlag C.H. Beck publishes the German Arbitration Journal (Zeitschrift für Schiedsverfahren (SchiedsVZ)) six times per year. The journal contains German and English language contributions. DIS members receive the journal free of charge.

In addition, the DIS confers an award (DIS-Förderpreis) every two years for outstanding academic work in the area of arbitration or alternative dispute resolution.

6. Further information on DIS arbitration

The DIS Arbitration Rules are analysed in numerous handbooks and commentaries. The DIS Arbitration Rules are thoroughly explained in Berger, Klaus Peter: Private Dispute Resolution in International Business: Negotiation, Mediation, Arbitration, Kluwer Law International, 3rd Edition 2015, which is an interactive book in the English language. The book contains a USB Card with a video describing the conduct of a DIS arbitration proceeding.

A commentary on the DIS Arbitration Rules, as well as German arbitration law in the English language can be found in Böckstiegel/Kröll/Nacimiento, Arbitration in Germany – The Model Law in Practice, Kluwer Law International, 2nd Edition 2014.

A commentary on the DIS Arbitration Rules in the German language can be found in: Nedden/Herzberg, ICC-SchO/DIS-SchO, Otto Schmidt Verlag 2014 and Schütze: Institutionelle Schiedsgerichtsbarkeit – Kommentar, Carl Heymanns Verlag, 2nd Edition 2011. See also: Kronke/Melis/Schnyder, Handbuch Internationales Wirtschaftsrecht, Otto Schmidt Verlag 2005.

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