Statutes*

(1) The purpose of the association is the promotion of arbitration and other alternative dispute resolution mechanisms. In particular, this includes

a) the provision of arbitration rules on the preparation, support and administration of arbitration proceedings and appointment of arbitrators, including on behalf of third parties;

b) the provision of other rules on conflict resolution and the appointment of independent third parties for the respective alternative dispute resolution mechanisms, in particular mediation, expert determination, conciliation, adjudication and dispute management;

c) the institutional administration of arbitration and other alternative dispute resolution proceedings under the aforementioned provided rules and regulations;

d) the organisation of academic events, the conduct and award of research projects and the documentation of decisions given in arbitration proceedings;

e) the provision of training and continued professional development in the field of alternative dispute resolution;

f) the promotion and issuing of publications and the conduct of information events on alternative dispute resolution;

g) networking within national and international arbitration jurisdictions, including cooperating with institutions pursuing similar or the same objectives.

(2) The association carries out its tasks in close contact with organisations in the business economy and with academic institutions.

(3) The association is non-profit-making; it does not primarily pursue its own economic purposes. The association’s financial resources may only be used for its statutory purpose. Members do not receive any grants from the association’s financial resources. Nobody may benefit from expenditure which is alien to the purpose of the association or from disproportionately high remuneration.

(1) The name of the association is “Deutsche Institution für Schiedsgerichtsbarkeit (DIS) e.V.” (German Arbitration Institute).

(2) The seat of the association is Berlin.

(1) Natural or legal persons and partnerships with legal capacity willing to and guaranteeing that they will promote, to the best of their abilities, the purpose of the association as set forth in section 1 can become members of the association.

(2) Applications to become a member are to be sent to the Executive Committee. The Board of Directors decides on whether to admit a member.

(3) Persons who have notably promoted the purpose of the association may, by resolution of the General Assembly, be appointed honorary members. Former presidents may be appointed honorary presidents.

(1) Membership expires

a) upon the member’s death,

b) upon the member’s voluntary withdrawal,

c) upon the member being struck from the list of members,

d) upon the member losing legal capacity.

(2) Voluntary withdrawal is to be notified to the Board of Directors in writing three months prior to the end of the financial year.

(3) Members may only be struck from the list of members if they

a) fail to meet their financial obligations towards the association six months after payment is due and despite a reminder,

b) have become permanently insolvent,

c) have lost the capacity to hold public office,

d) have violated the purpose of the association, damaged its reputation or shown themselves to be unworthy of membership of the association in another manner.

(4) The decision to strike a member from the list of members is taken by the Board of Directors.

(1) The association is financed by

a) membership dues,

b) contributions from supporting members,

c) fees derived from the conduct of arbitration and other alternative dispute resolution proceedings,

d) income derived from the conduct of events and the issuing of publications.

(2) Membership dues are set by the General Assembly. Contributions from supporting members are made on a voluntary basis or for a specific period of time.

(3) The financial year of the association is the calendar year.

The bodies of the association are

1. the General Assembly,

2. the Board of Directors,

3. the Advisory Board,

4. the Appointing Committee,

5. the Sports Appointing Committee.

(1) The Board of Directors consists of a President, two Deputy Presidents and up to ten other members.

(2) The President and the two Deputy Presidents form the Presiding Committee. They constitute the board within the meaning of section 26 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).

(3) The association is represented in court and out of court by two members of the Presiding Committee.

(4) As a rule, the composition of the Board of Directors shall reflect, in a balanced manner, those professions and organisations which have a particular interest in the work of the association.

(5) The members of the Board of Directors are elected by the General Assembly for a four-year term. The elected Board of Directors remains in office until a new Board of Directors has been elected.

(6) The Board of Directors elects the President and the two Deputy Presidents from among its members.

(7) Where a member of the Board of Directors leaves before the end of their term of office, the General Assembly is to hold a substitute election in respect of the remainder of the term of office.

(1) The Board of Directors is responsible for all matters relating to the association, unless these are assigned to another of the association’s bodies under the Statutes. In particular, the Board of Directors is tasked with

a) preparing and convening the General Assembly, as well as setting the agenda;

b) implementing resolutions of the General Assembly;

c) decision-making in relation to the presentation of the budget and the annual financial report;

d) decision-making in relation to admitting members and striking members from the list of members;

e) establishing and dissolving additional committees;

f) decision-making in relation to arbitration rules and other alternative dispute resolution rules.

The Board of Directors adopts its own rules of procedure which, in particular, pertain to the allocation of tasks among the Presiding Committee and the Board of Directors.

(2) The Board of Directors is, as a rule, to give the Advisory Board the opportunity to comment on matters of particular importance.

(1) Organisations and professions which have a special interest in arbitration and other alternative dispute resolution procedures are, as a rule, to be represented on the Advisory Board.

(2) The members of the Advisory Board are elected for a four-year term by the General Assembly on the proposal of the Board of Directors. The elected Advisory Board remains in office until a new Advisory Board has been elected.

(3) The Advisory Board consists of up to 21 members. These elect their Chair and a Deputy.

(1) The Advisory Board advises and supports the Board of Directors in all matters of particular importance. It may make proposals for consideration by the Board of Directors or the General Assembly.

(2) Matters of particular importance specifically include

a) the budget,

b) the schedule of membership dues.

(3) The Advisory Board is authorised to request the Board of Directors to convene an extraordinary General Assembly if the state of the association’s financial affairs warrants it. If the Board of Directors does not convene a General Assembly within four months of receiving such a request, the Advisory Board may itself convene an extraordinary General Assembly through its Chair.

(4) The Advisory Board is, as a rule, to convene once a year or when required. A meeting is to be convened if five members of the Advisory Board call for it.

(1) The General Assembly

a) elects the Board of Directors and the Advisory Board,

b) formally approves the actions of the Board of Directors and of the Executive Committee,

c) approves the budget and the annual financial report,

d) adopts the schedule of membership dues,

e) adopts amendments to the Statutes.

(2) The General Assembly is, as a rule, to be convened at least once in the course of each financial year. It is chaired by the President or a Deputy President. The General Assembly may also be conducted in hybrid form or virtually.

(3) Extraordinary General Assemblies are to be convened where the association’s interests so require, or where called for by at least 20 members stating the purpose and the reasons therefor or at the request of the Advisory Board (section 10 (3)). The request is to be made in text form.

(4) The Board of Directors sets the agenda for the General Assembly and convenes the General Assembly by issuing an invitation to members indicating the agenda. The invitation is to be issued in text form at least two weeks prior to the meeting.

(5) Resolutions are passed by a majority of members attending; in the event of a tie, the Chair of the General Assembly has the casting vote. Amendments to the Statutes require a three-quarters majority of the votes cast. This also applies, in derogation of section 33 (1) sentence 2 of the German Civil Code, to amendments to the purpose of the association.

(6) If more candidates stand for an election than there are offices to be filled, each member entitled to vote has as many votes as there are offices to be filled. The candidates who have received the most votes are elected. In the event of a tie, the decision is taken by drawing lots.

(7) Legal persons and partnerships with legal personality may authorise employees or members of bodies to exercise their membership rights at the General Assembly. Authorisation is to be substantiated in text form (section 126b of the German Civil Code) at the latest at the beginning of the General Assembly.

(8) Resolutions passed by the General Assembly are to be taken down in minutes. The minutes are to be signed by the Chair of the General Assembly and by the Secretary. The minutes are to be made known to the members.

(1) The Appointing Committee consists of three members and three deputy members who are appointed for a two-year term by the Board of Directors assisted by the Chair of the Advisory Board. The appointed members of the Appointing Committee remain in office until new members have been appointed. Reappointment is possible.

(2) The Appointing Committee is responsible for the nomination and substitute nomination of arbitrators, conciliators and other third parties by proposal of the Executive Committee.

(3) The Appointing Committee is not bound by directions. Its work is confidential in nature. It decides by simple majority. As a rule, decisions are taken by written procedure.

(4) The Executive Committee is not bound by directions in respect of proposals as referred to in subsection (2).

(5) Subsections (1) to (4) apply accordingly to the Sports Appointing Committee. It is responsible for proceedings under the Sports Arbitration Rules.

(1) The Board of Directors appoints the Executive Committee.

(2) The Executive Committee conducts the day-to-day business of the association and manages its finances. Details are set out in the rules of procedure adopted by the Board of Directors.

(3) The Executive Committee is required to keep records of income and expenditure. The annual financial report, which is drawn up by the Executive Committee and adopted by the Board of Directors, is to be certified by an auditor and presented to the General Assembly for approval.

(4) The Executive Committee prepares the budget proposal.

(1) Dissolution of the association is governed by statutory provisions.

(2) In the event of the dissolution or winding up of the association or in the event of cessation of the previous purpose, the association’s assets pass to a corporation under public law or to another tax-privileged corporation for use in the promotion of science and research in the field of arbitration and other alternative dispute resolution mechanisms.

(3) The granting of assets or any share of assets to members of the association is precluded.