DIS offers four new sets of alternative dispute resolution rules | Practical Law

DIS offers four new sets of alternative dispute resolution rules | Practical Law

Stephan Wilske (Partner) and Claudia Krapfl (Associated Partner), Gleiss Lutz

DIS offers four new sets of alternative dispute resolution rules

Practical Law Legal Update 9-502-4355 (Approx. 2 pages)

DIS offers four new sets of alternative dispute resolution rules

Published on 02 Jun 2010Germany
Stephan Wilske (Partner) and Claudia Krapfl (Associated Partner), Gleiss Lutz
The German Institution of Arbitration (DIS) on 1 May 2010 issued four new sets of optional alternative dispute resolution rules, offering parties a broad range of tools to choose from should a dispute arise.
For now, these rules are only available in German on the DIS website but translations into English are planned. These add to the Supplementary Rules for Corporate Disputes issued in September 2009, which are tailored to meet the special needs of shareholder resolution disputes. With all of these new rules, the DIS is reacting to the ever-growing call – in Germany and internationally – for optimised instruments for speedy, cost-effective and equitable dispute resolution possibilities.
The new Conflict Management Rules (Konfliktmanagementordnung, DIS-KMO) are for conflict resolution proceedings whereby a conflict manager appointed by the DIS clarifies with the parties within days after a conflict arises how and by which neutral third party the conflict should be resolved. Parties can, however, agree to adopt any of the procedural rules without a prior conflict management procedure.
The Mediation Rules (Mediationsordnung, DIS-MedO) are for cases where the parties to a particular dispute are interested in proceedings aimed at reaching an amicable settlement.
The Rules for Binding Expert Opinions (Schiedsgutachtensordnung, DIS-SchGO) are for cases where the parties to a particular dispute wish to obtain the opinion of a third party with either a preliminary or final binding effect on a specific point.
The Rules for Non-Binding Expert Opinions (Gutachtensordnung, DIS-GO) are for cases where the parties wish to obtain the opinion of a third party in the form of a non-binding expert assessment and recommendation for resolution of the dispute.
These rules are in addition to the Conciliation Rules (Schlichtungsordnung, DIS-SchlO), which have been available to parties since 2002 and which make no concrete specifications for the procedure of conciliation.
Finally, the DIS will soon provide Rules for Adjudication (Verfahrensordnung für Adjudikation, DIS-AVO) for those cases where parties wish to appoint a Dispute Board at the start of a project to be responsible for resolving all disputes during the project.