Our event during Singapore Convention Week (26-30 August 2024) was a great success. We had an exciting discussion on the new DIS Supplementary Rules with many engaged participants.
Nobody likes being caught in the middle of a dispute, but it's a common risk in contractual relationships. Imagine a contractor caught between an owner's claims and a subcontractor's performance issues. In arbitration, unlike litigation, there hasn't been a straightforward way to bind the subcontractor to the outcome, often leaving the contractor "sandwiched" between conflicting decisions.
The new DIS Supplementary Rules offer a unique solution to this challenge. By adopting them, the owner and the contractor can mutually agree to join the subcontractor in the arbitration, thereby ensuring that the subcontractor is bound by the award made in the initial proceedings.
During the event, we explored how these rules could help avoid the complications of multiple arbitrations and discussed practical scenarios where they would be particularly useful. The rules attracted a great deal of interest, particularly for their application in ESG due diligence in Asia. The general consensus was that these party-autonomous rules represent a significant innovation in the arbitration landscape, with the potential to streamline dispute resolution.
We would like to thank everyone who participated in this discussion.
Jan Schäfer