German Institution of Arbitration

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[edit] General Information

  • Official name: German Institution of Arbitration
  • Country: Germany
  • City: Köln
  • Type of organization: Non-profit organization
  • Date of creation: 1992
  • Interests: Mediation - Arbitration
  • Fields of expertise: Business Disputes

[edit] Overview

[edit] Preface of the DIS Mediation/Conciliation Rules

“The Deutsche Institution für Schiedsgerichtsbarkeit e.V. (DIS) (German Institution of Arbitration), which was formed on January 1, 1992 by the merger of the Deutsche Ausschuss für Schiedsgerichtsbarkeit (German Association of Arbitration) and the Deutsches Institut für Schiedsgerichtsbarkeit (German Institute of Arbitration), promotes arbitration and provides a uniform service for all arbitration-related matters across Germany.

The DIS Arbitration Rules, effective since July 1, 1998, are available to businesses of all sectors, for the resolution of disputes on a domestic as well as on an international level. Although many of the proceedings conducted pursuant to these Rules result in a settlement in the form of an arbitral award on agreed terms, the parties often have an interest in pursuing an amicable resolution of the dispute by means of separate proceedings conducted before an independent and impartial third party, who is not authorised to decide the dispute finally. "Mediation" and "Conciliation" are the terms used most often to denote such proceedings.

The DIS Mediation/Conciliation Rules, which become effective on January 1, 2002, comply with the standards and notions at the core of these terms.

Principle and basis of the Mediation/Conciliation Rules is the notion that the success of mediation/conciliation proceedings depends on the willingness of all parties involved to arrive at a solution by consent. Therefore each party has the option to terminate the proceedings at any time without providing reasons.

The willingness of the parties to reach consensus is paramount. This applies in particular to the procedure and commencement of the mediation/conciliation proceedings. Thus the present Mediation/Conciliation Rules consciously provide only the framework for conducting such proceedings.

The DIS Mediation/Conciliation Rules can be resorted to in domestic as well as international disputes. The place of the proceedings need not be located in Germany. Just like the language(s) of the proceedings, it can be freely negotiated by the parties. Finally, persons of any nationality can be appointed as mediator/conciliator. Berlin/Bonn, January 1, 2002

[edit] DIS - Arbitration Rules

“The German Institution of Arbitration offers an administrated arbitral procedure for parties who have agreed to settle their disputes according to the DIS Arbitration Rules. The previous Arbitration Rules entered into force on 1.1.1992. The DIS Arbitration Rules have been revised and take into account new developments in Arbitration Law. The current DIS Arbitration Rules are in force as of 1.7.1998.

The costs of the arbitral proceedings are calculated in accordance with the schedule to Sec. 40, which forms part of the Arbitration Rules. A revised Schedule of Costs, taking account the transition to Euro, are effective since 1 July 2002. A new Schedule of Cost is effective as of 1 January 2005 (Cost Calculator 2005).

The arbitrators' expenses pursuant to Sec. 40 sub. 1 DIS Arbitration Rules are reimbursed in accordance with the DIS Guidelines for the Reimbursement of Arbitrators' Expenses effective since 1 January 2005”.

[edit] Contact

Beethovenstraße 5 - 13 D-50674 Köln – Germany

Tel: 0221/28 55 2-0

Telefax: 0221/28 55 2-222


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