2018 DIS Arbitration Rules

1 2018 DIS Arbitration RULESF irst Edition2018 DIS Arbitration RULESE ffective as of 1 March 2018 German Arbitration Institute3 Introduction The German Arbitration Institute (DIS) is Germany s leading institution for alternative dispute resolution and Arbitration . With roots in the 1920s, the DIS has a long tradition of administer-ing commercial disputes between companies, having successfully administered thousands of 2018 DIS Arbitration Rules are equally suitable for companies of all sizes and industries, and for arbitrations seated in Germany and abroad. The Rules have been revised to account for developments in domestic and international Arbitration as well as practical experience with the previous version of the Rules .

2 The Rules were developed and drafted by leading German and international Arbitration experts as well as representatives from companies and academia with many years of experience in domestic and international Rules provide a well-structured procedure and institutional framework to ensure that ar-bitrations are conducted with integrity, efficiency, and fairness. Parties around the world resorting to a DIS Arbitration benefit from the Institute s administrative know-how, its many years of ex-perience, and its specialized expertise. The DIS recognizes that companies are distracted by disputes and litigation matters. That is why the 2018 DIS Arbitration Rules place a particular focus on early dispute resolution as well as on efficiency and speed.

3 The new Rules continue to emphasize a German and continental European element that distinguishes them from other institutional Rules : the promotion of amic able settlements, provided all parties agree thereto. This feature also inspires the Dispute Management Rules , which the DIS has offered since 2010. In 2018, these Rules were significantly streamlined and included in Annex 6 to the DIS Arbitration DIS Arbitration Rules provide a solid procedural framework allowing parties to adapt the proceedings to their particular needs. Article 27 of the 2018 DIS Rules calls for the arbitral tri-bunal to conduct an early case management conference with the parties in order to develop a plan that is tailored to resolve the specific dispute in a time- and cost-efficient addition to the 2018 Arbitration Rules , the DIS offers Rules for the entire spectrum of alter-native dispute resolution proceedings: conciliation, mediation, expertise, expert determina-tion, and adjudication.

4 The DIS Sports Arbitration Rules are specifically available for sports-related disputes. The DIS thus services the entire breadth of alternative dispute / Cologne, March 201842018 DIS Arbitration RulesGerman Arbitration Institute5(4) The arbitral tribunal shall be comprised of [please enter a sole arbitrator or three arbitrators ]. (5) The seat of the Arbitration shall be [please enter city and country].(6) The language of the Arbitration shall be [please enter language of the Arbitration ].(7) The law applicable to the merits shall be [please enter law or Rules of law].Further, it is recommended that a provision be adopted elsewhere in the articles of incorpor ation (which may require notarization) stipulating that all shareholders are obliged to provide the corporation with a current postal and electronic address for service or the address of a representative for service, and that receipt of any written communication at such address will be deemed to have occurred after the expiry of a reasonable period of Model ClausesThe DIS recommends all parties wishing to make reference to the 2018 DIS Arbitration Rules to use the following Arbitration clauses.

5 (1) All disputes arising out of or in connection with this contract or its validity shall be finally settled in accordance with the Arbitration Rules of the German Arbitration Institute (DIS) without recourse to the ordinary courts of law. (2) The arbitral tribunal shall be comprised of [please enter a sole arbitrator or three arbitrators ]. (3) The seat of the Arbitration shall be [please enter city and country].(4) The language of the Arbitration shall be [please enter language of the Arbitration ].(5) The law applicable to the merits shall be [please enter law or Rules of law].Model Clause for Expedited Arbitration (1) All disputes arising out of or in connection with this contract or its validity shall be finally settled in accordance with the Arbitration Rules of the German Arbitration Institute (DIS) without recourse to the ordinary courts of law.

6 (2) The arbitral tribunal shall be comprised of [please enter a sole arbitrator or three arbitrators ]. (3) The seat of the Arbitration shall be [please enter city and country].(4) The language of the Arbitration shall be [please enter language of the Arbitration ].(5) The law applicable to the merits shall be [please enter law or Rules of law]. (6) The Parties agree that the Arbitration shall be conducted as Expedited Proceed-ings and that Annex 4 of the DIS Arbitration Rules shall Clause for Articles of Incorporation for Arbitration Pursuant to the Supplementary Rules for Corporate Disputes(1) All disputes arising among the shareholders or between the corporation and its shareholders in connection with these articles of incorporation or their validity shall be finally settled in accordance with the Arbitration Rules , in connection with the Supplementary Rules for Corporate Disputes in Annex 5 thereto, of the German Arbitration Institute (DIS), without recourse to the ordinary courts of law.

7 (2) Former shareholders shall remain bound by this Arbitration agreement.(3) The corporation shall always raise the existing Arbitration agreement as a defence against any claim that is filed in the ordinary courts of law and that relates to disputes covered by paragraph No. 1 DIS Arbitration RulesGerman Arbitration Institute7 Costs 25 Article 32 Costs of the Arbitration .. 25 Article 33 Arbitral Tribunal s Costs Decisions .. 25 Article 34 Arbitrators Fees and Expenses .. 25 Article 35 Deposit for Fees and Expenses of the Arbitral Tribunal .. 26 Article 36 Basis for Calculation of Deposits and Administrative Fees .. 27 Termination of the Arbitration by Award or Otherwise 27 Article 37 Time Limit for the Final Award.

8 27 Article 38 Effect of the Arbitral Award .. 28 Article 39 Content, Form and Transmission of the Arbitral Award .. 28 Article 40 Correction of the Arbitral Award .. 29 Article 41 Award by Consent .. 29 Article 42 Termination of the Arbitration before the Making of a Final Award .. 30 Miscellaneous 31 Article 43 Waiver of Right to Object .. 31 Article 44 Confidentiality .. 31 Article 45 Limitation of Liability .. 32 Annexes 33 Annex 1 Internal Rules .. 33 Annex 2 Schedule of Costs .. 38 Annex 3 Measures for Increasing Procedural Efficiency .. 43 Annex 4 Expedited Proceedings .. 44 Annex 5 Supplementary Rules for Corporate Disputes .. 45 Annex 6 Dispute Management Rules .. 51 DIS Integrity Principles 562018 Arbitration Rules Introductory provisions 8 Article 1 Scope of Application.

9 8 Article 2 Role of the DIS .. 8 Article 3 Definitions .. 9 Article 4 Submissions, Time Periods, and Time Limits .. 9 Request for Arbitration , Answer, Counterclaims and Consolidation of Proceedings 10 Article 5 Request for Arbitration , Transmission to Respondent, Administrative Fee .. 10 Article 6 Commencement of the Arbitration .. 11 Article 7 Respondent s Notification, Answer and Counterclaim .. 12 Article 8 Consolidation of Arbitrations .. 13 The Arbitral Tribunal 14 Article 9 Impartiality and Independence of the Arbitrators, Duties of Disclosure .. 14 Article 10 Number of Arbitrators .. 14 Article 11 Sole Arbitrator .. 15 Article 12 Three-Member Arbitral Tribunal .. 15 Article 13 Appointment of the Arbitrators.

10 15 Article 14 Conduct of the Arbitration by the Arbitral Tribunal .. 16 Article 15 Challenge of an Arbitrator .. 16 Article 16 Termination of an Arbitrator s Mandate .. 17 Multi-Contract Arbitration , Multi-Party Arbitration , Joinder 18 Article 17 Multi-Contract Arbitration .. 18 Article 18 Multi-Party Arbitration .. 18 Article 19 Joinder of Additional Parties .. 19 Article 20 Three-Member Arbitral Tribunal in Multi-Party Arbitrations .. 20 The Proceedings before the Arbitral Tribunal 21 Article 21 Rules of Procedure .. 21 Article 22 Seat of the Arbitration .. 21 Article 23 Language of the Arbitration .. 21 Article 24 Rules of Law Applicable to the Merits .. 21 Article 25 Interim Relief .. 22 Article 26 Encouraging Amicable Settlements.