There is a practical need for preventing the recourse trap, be it in construction projects, supply chains, IP licensing arrangements or M&A situations. That was a takeaway at the recent DIS event on 29 October 2024 during the Seoul ADR Festival.
Similarly, drafting your own solutions was considered a daunting challenge, so off-the-shelf solutions provided by arbitration institutions seemed a good fix for the problem.
During the lively discussion by Helena Chen (ADR Chen & Chang), Mino Han (DIS Council Member), Joongi Kim (Yonsei University), Sue Hyun Lim (Kim & Chang), Le Net (LNT & Partners) and Mariel Dimsey (CMS), framed by Jan K. Schaefer, Lars Markert and Chun-Kyung Paulus Suh (all DIS), the participants had many questions about the new DIS Supplementary Rules for Third Party Notices.
Many Asian participants stressed that third-party notices are a common feature of their litigation proceedings and therefore nothing alien. The DIS approach of transplanting a German civil procedural concept into a party-autonomous solution that is suitable without any statutory requirements, seemed a fitting and timely approach. The event was kindly hosted by Peter & Kim.
Jan K. Schäfer