Home / DIS-Model Clauses / DIS-Model Clause on Expert Determination and Arbitration 10
Deutsch

DIS-Model Clause on Expert Determination and Arbitration 10

The German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit e.V., DIS) advises all parties wishing to obtain an expert determination with preliminary binding effect in order to clarify a dispute and wishing to make arrangements for the regulation of the conflict situation by reference to the DIS Rules on Expert Determination already at the conclusion of the contract, to use the following agreement on expert determination and arbitration:

"With respect to all disputes arising out of or in connection with the contract (… description of the contract …) expert determination proceedings pursuant to the Rules on Expert Determination of the German Institution of Arbitration (DIS) (DIS-SchGO) shall be conducted.

Upon termination of the expert determination proceedings, all disputes shall be finally settled in accordance with the Arbitration Rules of the German Institution of Arbitration (DIS) without recourse to the ordinary courts of law; if the binding effect of a decision under the DIS-SchGO is not observed, the Supplementary Rules for Expedited Proceedings shall apply, in which case the entitled party may also have recourse to the ordinary courts of law."

The following points should be considered:

- In the proceedings pursuant to the DIS-SchGO, the number of arbitration experts is …

- The place of arbitration is …

- The number of arbitrators is …

- The applicable substantive law is …

- The language of the arbitral proceedings is …

It should be noted that an agreement on the conduct of expert determination proceedings pursuant to the DIS Rules on Expert Determination may be concluded any time, also with regard to already existing disputes.

  print   |     create PDF
http://www.disarb.org/en/17/clause/dis-model-clause-on-expert-determination-and-arbitration-10-id31
Please type in the emailadress to which the site should be send:

 
Google+