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About the DIS

About the DIS

1. The German Arbitration Institute (DIS)

The German Arbitration Institute (DIS) is a registered association with its seat in Berlin, whose foundation roots can be traced back to the year 1920. 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 leading economic and 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 essential support for the conduct of arbitration related tasks in Germany.

In addition to the Main Secretariat in Bonn, the DIS also has offices in Berlin and Munich.

 

2. The new 2018 DIS Arbitration Rules

The current DIS Arbitration Rules have been in force since 1 March 2018 and are available to all industry sectors, internationally, domestically and trans-regionally, for the settlement of disputes.

The DIS Arbitration Rules grant the parties autonomy for the organisation of the arbitration to the greatest possible extent and they have unequivocally demonstrated their worth in hundreds of arbitrations. The DIS will assist the parties and arbitrators at every stage of the arbitration.

The costs of the arbitration are determined by the amount in dispute (Schedule of Costs, Annex 2 of the 2018 DIS Arbitration Rules). The calculation is made in accordance with a schedule of costs (Schedule of Costs, Annex 2 of the 2018 DIS Arbitration Rules), which has been in effect since 1 March 2018.

The DIS offers a procedure for Expedited Proceedings in Annex 4 to the 2018 DIS Arbitration Rules. These Expedited Proceedings, as a rule, provide for 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.

Annex 5 of the 2018 DIS Arbitration Rules contains the current version of the Supplementary Rules for Corporate Law Disputes. Like the Expedited Proceedings, the Rules for Corporate Law Disputes supplement the 2018 DIS Arbitration Rules. They are designed specifically for disputes relating to shareholder resolutions of limited liability companies (GmbH), although they are also suitable for various other types of disputes.

A revised and more concise version of the Dispute Management Rules from 2010 can be found in Annex 6 of the 2018 DIS Arbitration Rules. The Dispute Management Rules provide for a procedure in which a Dispute Manager appointed by the DIS upon request of a party will determine together with the parties – ideally within a few days after a conflict has arisen – how this conflict may be resolved.

The above rules are available in different languages under the menu item DIS-Rules along with their corresponding model clauses.

 

3. Further ADR Rules

In addition to the 2018 DIS Arbitration Rules the following rules for the resolution of disputes are available:

• the DIS Mediation Rules for all cases in which the parties wish to conduct mediation proceedings with respect to a specific dispute (in effect since 1 May 2010);

• the DIS Rules on Expert Determination 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 (in effect since 1 May 2010);

• the DIS Rules on Expertise 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 (in effect since 1 May 2010);;

• the DIS Rules on Adjudication 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 effect since 1 July 2010);.

In addition, the parties may chose the DIS Conciliation Rules, in force as of 1 January 2002, which do not contain any specific guidelines with respect to the procedural role of the intermediary.

The parties may agree upon any of these rules even without a prior Dispute Management procedure.

The above rules are available under the menu item DIS-Rules along with their corresponding model clauses.

 

4. 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-Sport 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 regarding 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 on its website.

 

5. Further tasks and activities of the DIS

As the leading German Arbitration Institute, 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 domestic and international ad-hoc arbitrations.

The DIS promotes the development of arbitration in academic research and teaching. The DIS organizes, among other things, several conferences per year on current issues in the field of arbitration or alternative dispute resolution. Furthermore, it acts a cooperation partner in numerous other events (e.g. Petersberg Arbitration Days).

Since 2003, the DIS in collaboration with the publisher 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) for outstanding academic publications in the field of arbitration or alternative dispute resolution every two years.

 

6. Further information on DIS arbitration

The 1998 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.

A commentary on the 1998 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 1998 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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