i-law

International Construction Law Review

THE NEW ARBITRATION RULES OF THE GERMAN INSTITUTION OF ARBITRATION (DIS): AN INTRODUCTION TO THE NEW DIS-RULES FROM A CONSTRUCTION ARBITRATION PERSPECTIVE

Andreas J Roquette, LL.M (NYU)

Partner, CMS andreas.roquette@cms-hs.com
and

Dr Tom Christopher Pröstler, LL.M (Sydney)

Senior Associate, CMS tom.proestler@cms-hs.com

I. INTRODUCTION

On 1 March 2018, the new Arbitration Rules of the German Institution of Arbitration (DIS) entered into force.1 While other institutions have amended their arbitration rules several times in the recent past,2 for the DIS this is the first amendment of its rules in 20 years.3 The new DIS-Rules take up many procedural features that have become common standard in today’s arbitration rules. These features include a more hands on approach to case administration, shortened time limits for nominating arbitrators and filing first written submissions, an obligatory early procedural conference, as well as provisions allowing for cost and fee sanctions in case of delays. However, the new DIS-Rules also offer several distinctive features not found in many other rules. While these distinctive features are attractive for any kind of arbitration, they have special appeal for construction cases.
Drawing on the continental legal tradition, the DIS-Rules include multiple provisions promoting an amicable settlement and expressly allow the tribunal to conduct its own fact investigations, including appointing its own experts. Construction cases are regularly fact, time and cost intensive,

290

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.