Representación en un arbitraje ante el DIS

Businesses do not always have to resolve their disputes before state courts. Where the parties have agreed on arbitration, a commercial dispute may instead be decided by an independent arbitral tribunal. In Germany, institutional arbitration proceedings are frequently administered by the German Arbitration Institute (Deutsche Institution für Schiedsgerichtsbarkeit e.V., DIS).

The 2018 DIS Arbitration Rules provide the procedural framework for domestic and international arbitration proceedings and are suitable for arbitrations seated both in Germany and abroad. The Rules place particular emphasis on efficient dispute resolution, early case management and procedures tailored to the individual dispute.

When does DIS arbitration apply?

DIS arbitration generally requires an arbitration agreement between the parties. In commercial contracts, this will often be an arbitration clause providing that disputes arising from the contractual relationship are to be decided under the DIS Arbitration Rules instead of by a state court.

The dispute is then decided by an arbitral tribunal specifically constituted for the individual case. The tribunal may consist of one or three independent arbitrators. Unlike proceedings before a state court, the parties have significant influence on who is appointed to decide their dispute. This allows the parties to select arbitrators whose experience is appropriate for the case, for example lawyers or other suitably experienced professionals with particular knowledge of commercial transactions, international disputes or a specialised field relevant to the proceedings.

How does a DIS arbitration proceed?

The arbitration begins with the initiation of proceedings under the DIS Rules. The respondent is given the opportunity to present its defence and may, where appropriate, bring a counterclaim. After the arbitral tribunal has been constituted, the further procedure is organised according to the circumstances of the individual case.

An important feature of the DIS Rules is “early case management”. They provide for an early case management conference at which the tribunal and the parties can develop a procedural plan tailored to resolving the particular dispute in a time- and cost-efficient manner. The DIS Rules expressly emphasise efficiency, speed and early dispute resolution.

Depending on the case, the proceedings may involve written submissions, documentary evidence, witnesses, experts and an oral hearing. Compared with proceedings before state courts, arbitration gives the parties greater procedural flexibility and substantially more influence over the selection of the persons who ultimately decide their dispute.

Another important advantage is privacy. Arbitration hearings are generally not public, which may be particularly valuable where commercially sensitive information, confidential contractual arrangements or ongoing business relationships are involved.

Arbitration can also provide a faster and more focused route to a final decision. The procedure can be organised around the requirements of the particular dispute, and an arbitral award is generally not subject to the ordinary system of appeals on the merits applicable to judgments of state courts. Depending on the circumstances, this can enable a dispute to reach a binding conclusion considerably faster than litigation through several court instances.

The arbitral tribunal ultimately decides the dispute by issuing an arbitral award, which is binding on the parties.

Cómo podemos ayudarte

We advise and represent businesses and individuals throughout DIS arbitration proceedings, particularly in commercial disputes with an international or cross-border element.

Our assistance can begin before proceedings are initiated. We assess arbitration agreements and potential claims, advise on procedural strategy and assist clients with the selection of suitable arbitrators. We prepare claims, statements of defence, counterclaims and other written submissions, coordinate documentary, witness and expert evidence and represent clients at hearings before the arbitral tribunal.

We can also advise on jurisdictional issues, applicable law, interim measures and the recognition and enforcement of arbitral awards.

Where a dispute involves several countries, our international and multilingual team can coordinate the relevant legal and factual issues across jurisdictions. This is particularly useful where contractual relationships, parties, evidence or assets are located in different countries.