Arbitration and alternative dispute resolution

Companies are dedicated to achieving success while disputes are often quite burdensome: they demand a considerable amount of time, energy and resources and ultimately, they can be a risk to the success of the company.

Modern dispute management in companies entails preventive measures for resolving tensions at an early stage and avoiding disputes in the first place. However, if a dispute does arise, it is important to intervene quickly and select the most appropriate instrument for resolving the dispute depending on its stage of development.

The DIS promotes early dispute resolution. We provide information for companies and support them in their dispute management. In particular, methods of dispute resolution can already be included in the negotiation of agreements and contracts in order to minimise disruptions in the subsequent dispute resolution process.

The DIS offers a set of procedural rules for different dispute resolution mechanisms and corresponding model clauses for companies to agree on already at the time of conclusion of the contract. However, parties to a dispute can also agree on the application of one or more DIS rules once the dispute develops or has already arisen.

All sets of rules are designed to be as concise and flexible as possible, with the result that the parties to a dispute are afforded considerable freedom to adapt.

Arbitration or court proceedings are always the ultima ratio.

In contrast to court proceedings, parties to alternative dispute resolution proceedings can largely determine the nature and course of the dispute resolution process themselves.

Even during dispute resolution proceedings, the disputing parties can flexibly influence the course of the process, and resolve the dispute by various means.

The DIS Arbitration Rules 2018 follow the tradition of German commercial arbitration by promoting amicable settlement of disputes. This feature distinguishes the DIS Arbitration Rules 2018 from arbitration rules of other arbitration institutions. The core of this principle can be found in Article 26 DIS Arbitration Rules 2018:

The DIS offers both consensus-oriented and decision-oriented procedures. In the following overview, different types of alternative dispute resolution (ADR) procedures are systematically presented on the basis of their practical outcomes and legal effects.

Chart - Legal effects

The DiReCT-Tool also offers a detailed comparison of different types of proceedings, based on concrete information of the dispute.

Many companies would like to settle their disputes out of court, or at least attempt to do so. Choosing the right dispute resolution procedure is not always easy. The DIS provides support in choosing the right procedure for your dispute. Upon request by the parties, the DIS can appoint an independent Dispute Manager who can advise and assist the parties in selecting the dispute resolution mechanism best suited to resolve their dispute.