Germany: the German Institution of Arbitration (DIS) establishes new rules on alternative dispute resolution

February 17, 2011 at 10:12 pm Leave a comment

The German Institution of Arbitration (DIS) is a registered association for the promotion of national and international arbitration. Recently DIS enacted new rules for alternative dispute resolution which concern the following areas:

  • mediation rules;
  • expert opinion rules;
  • expert determination rules;
  • rules on adjudication;
  • conflict management rules.

Tim Schreiber from www.internationallawoffice.com comments on the essence of the amendments:

All five sets of rules provide for the imposition of specific deadlines in order to accelerate dispute resolution. To preserve the parties’ rights, the new DIS rules expressly provide for the tolling of prescription periods during the respective procedures. The parties undertake not to initiate court proceedings or arbitral proceedings while the ADR process is underway. Considering that, for example, the expert determination procedure may take up to six months, a party may lose half a year before it is allowed to pursue a claim in court. In any event, the parties have the right to apply for interim relief in parallel to the ADR procedure.

Regarding costs, the new rules provide for modest DIS registration fees of up to €500. DIS fees for the nomination and/or appointment of an expert, mediator, adjudicator or conflict manager amount to €250. The expert, mediator or adjudicator is remunerated on an hourly basis at a rate of €300 an hour, while the conflict manager receives a lump-sum payment of €2,500.

All five sets of ADR rules stipulate confidentiality.”

Read more here

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Entry filed under: Access to Justice, Dispute Resolution, Germany.

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