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DIS-Statistics 2009

In 2009, 172 new proceedings were commenced at the German Institution of Arbitration (DIS) (2008: 116).

164 proceedings were filed under the DIS Arbitration Rules, including 3 proceedings initiated under the Supplementary Rules for Expedited Proceedings, which came into effect on April 1, 2008.

5 proceedings were based on the Arbitration Rules of the Munich Chamber of Industry and Commerce, and 1 each on the Arbitration Rules of the Chambers of Industry and Commerce of Darmstadt, Frankfurt/Main and Stuttgart. The Arbitration Rules of these Chambers of Industry and Commerce refer to the DIS Arbitration Rules and are administered by DIS (8 proceedings in total under the Rules of Chambers of Industry and Commerce; 7 such proceedings in 2008).

The amounts in dispute of the arbitrations filed in 2009 range from € 30.00 (!) to € 200,000,000.00. The aggregate amount in dispute of all cases filed directly with the DIS in 2009 amounted to approx. € 1.172 billion (2008: € 840 million) respectively € 1.223 billion (2008: € 881.5 million) including extensions of claims and counterclaims in 2009 in arbitrations commenced in previous years. Including claims filed under the Arbitration Rules of the Chambers of Industry and Commerce, the total amount in dispute amounted to approximately € 1.225 billion (2008: € 882 million).

In 45 proceedings foreign parties were involved. In 35 of these proceedings one foreign party was involved on either the claimant or respondent side. In 10 of the proceedings, there were foreign parties on both the claimant and respondent side. In total, 57 foreign parties (out of a total of 396 parties) from 21 countries participated in DIS proceedings: Austria (5), Belgium (2), Cayman Islands (1), Czech Republic (2), Denmark (1), France (3), Greece (3), United Kingdom (3), Hong Kong (1), India (1), Iran (1), Canada (2), Luxemburg (3), the Netherlands (10), Poland (4), Rumania (1), Russia (2), Switzerland (2), Singapore (3), Ukraine (2) and USA (5).

24 of the cases newly filed in 2009 (2008: 15) were conducted in English.

13 persons of non-German nationality were nominated as arbitrators (2008: 10). In two proceedings, parties agreed to a place of arbitration outside of Germany (Luxembourg and Switzerland).

In 14 cases more than one party was involved on the claimant side, in 31 cases on the respondent side.

In 2009, substitute appointments of arbitrators were made in 16 instances. In 3 cases the chairperson of the arbitral tribunal, in 7 cases the sole arbitrator and in 6 cases the arbitrator for the respondent was nominated by the Appointing Committee of the DIS.

3 proceedings were filed under the DIS Mediation/Conciliation Rules. In 1 proceeding the DIS nominated the sole mediator pursuant to the Mediation/Conciliation Rules at the joint request of the parties.

2 proceedings were filed under the DIS Arbitration Rules for Sport.

Based on the foregoing, the DIS was entrusted in 2009 with the administration of a total of 177 new proceedings (2008: 122).

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