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,
1 The new DIS-Rules have been issued both in German and English. The English version has been published in SchiedsVZ-Beilage 2018, p 23 and is available on the DIS’ website www.disarb.org.
2 The International Chamber of Commerce (ICC) updated its Arbitration Rules in 2012 and 2017, the Rules of the Singapore International Arbitration Centre (SIAC) were revised in 2007, 2010, 2013 and 2017, the Vienna International Arbitration Centre (VIAC) enacted new Vienna Rules in 2006, 2013 and on 1 January 2018, and the Swiss Rules of the Swiss Chambers Arbitration Institution (SCAI), initially published in 2004 were revised in 2012.
3 The previous version of the DIS-Rules had entered into force on 1 July 1998.
290