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The DIS Rules: A Commentary on International Arbitration in Germany


ISBN13: 9789041189950
Published: March 2020
Publisher: Kluwer Law International
Country of Publication: UK
Format: Hardback
Price: Price on Application




Also available as
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9789041190239
price on application
£167.00

The DIS Arbitration Rules is the first practical commentary on the 2018 DIS Arbitration Rules. The new rules of the German Arbitration Institute (DIS) entered into force on 1 March 2018. Drafted over an intense period of eighteen months by a committee of globally recognized experts with the active participation of nearly three hundred arbitration practitioners, the DIS Rules stand poised to attract parties seeking dispute resolution not only in Germany but also internationally. This extraordinary book, written by the drafters themselves, with a comprehensive article-by-article commentary, is filled with practical insights and recommendations regarding the application of the Rules. The book introduces important novelties and highlights changes to the 1998 Arbitration Rules, and it provides in-depth information on the purpose of each provision.

What’s in this book:

Each provision of the new Rules is given its own chapter, in which the following issues and topics are examined in depth for the specific rule under analysis:

  • use of the provision in practice
  • modifications from the corresponding provision in the 1998 Rules
  • relationship to the relevant sections of the German Code of Civil Procedure
  • comparison with relevant regulations and practices in German State court proceedings
  • detailed expert commentary, including analysis of case law and legal scholarship
  • DIS practice concerning the application of the provision, and
  • comparison with similar provisions in other arbitration rules/ul

    The annex section of the book includes an extensive collection of reference materials, including forms, schedule of costs and texts of various international arbitration documents.

    The authors and editors have vast experience as counsel and arbitrators in proceedings conducted under the auspices of the DIS and other arbitral institutions. Their intimate familiarity with all aspects of DIS case administration is of immeasurable value to all stakeholders in arbitral proceedings.

    How this will help you:

    As a genuine user’s guide, this book explains how the new rules are likely to be applied in practice by the arbitral institution, arbitrators and parties. Its practical tips regarding the effective conduct of DIS arbitrations elucidate best practices for counsel and arbitrators and make DIS’s day-to-day case management and decision-making processes more transparent and predictable for users of all levels of experience and expertise. With its international outreach, this book will be easily accessible for practitioners and users of all kinds of levels of experience and expertise.

Subjects:
European Jurisdictions, Germany, Arbitration and Alternative Dispute Resolution
Contents:
Preface
List of Abbreviations
Acknowledgements
PART I. Introduction
§1.01. Practical Tips for the Readers
Gustav Flecke-Giammarco, Christopher Boog, Siegfried H. Elsing, Peter Heckel & Anke Meie
§1.02. International Arbitration in Germany
Alexander Grimm, Ulrich Kopetzki & Alexander Shchavelev
§1.03. DIS Model Clauses and the Drafting of the Arbitration Agreement
Peter Wolrich
§1.04. A Common Law Perspective on the 2018 DIS Rules and International Arbitration in Germany
Richard Kreindler
§1.05. Introduction to DIS – Past, Present and Future
Robert Hunter
PART II. Article-by-Article Commentary
§2.01. Introductory Provisions
David Quinke & Gustav Flecke-Giammarco
§2.02. Request for Arbitration, Answer, Counterclaims and Consolidation of Proceedings
Richard Happ, Klaus-A. Gerstenmaier & Anke Sessler & Peter Heckel
§2.03. The Arbitral Tribunal
Anke Meier & Lucie Gerhardt
§2.04. Multi-Contract Arbitration, Multi-Party Arbitration, Joinder
Peter Heckel, Anke Sessler
§2.05. The Proceedings Before the Arbitral Tribunal
Daniel Busse, Christopher Boog, David Quinke, Rolf Trittmann & Ramona Schardt
§2.06. Costs
Siegfried H. Elsing, Gustav Flecke-Giammarco & Klaus-A. Gerstenmaier
§2.07. Termination of the Arbitration by Award or otherwise
Richard Happ
§2.08. Miscellaneous
Richard Happ, David Quinke, Christopher Boog, Anke Meier & Lucie Gerhardt
PART III. Annexes
§3.01. Charts and Graphs
§3.02. DIS Arbitration Rules 2018
§3.03. DIS-Schiedsgerichtsordnung 2018
§3.04. Comparative Table of the Rules 1998 Versus Rules 2018
§3.05. German Arbitration Law 1998
§3.06. UNCITRAL Model Law on International Commercial Arbitration (1985): With Amendments as Adopted in 2006
§3.07. New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Bibliography
Table of Cases
Index