A party that has lost an arbitration and seeks recourse from a third party (the producer in a supply-chain setting or the subcontractor in construction cases) runs the risk of losing twice as the facts and the law will be established anew in recourse proceedings.
Since 15 March 2024, the DIS Supplementary Rules for Third-Party Notices (DIS-TPNR) offer a solution to that problem. These rules allow binding the third party to the award rendered in the initial arbitration. The DIS-TPNR are unique and innovative.
DIS hosted two webinars explaining the DIS-TPNR. Following an introduction of the DIS and its dispute-resolution rules by Jennifer Bryant and Judith Sawang respectively, Stefan Kröll assumed the role of the talkmaster. Florian Cahn explained the problem of a party "sandwiched" between initial dispute and recourse proceedings and the need of companies for ready-made solutions. Rafał Kos and Rafał Morek provided the international perspective on the DIS-TPNR and confirmed that the DIS-TPNR will work in cross-border disputes. Anke Meier, David Quinke and Reinmar Wolff explained the functioning of and the considerations behind these rules.
The webinars attracted an international audience who contributed various questions and comments.
Reinmar Wolff