Arbeitsbereich
DIS AdjR

DIS AdjR  
DIS Adjudication Rules (2010)

Adjudication Services Agreement

between
____________
(hereinafter referred to as “Adjudicator”)
on the one hand and
____________
represented by
____________
(hereinafter referred to as “Project Principal”)
and
represented by
____________
(hereinafter referred to as “Project Agent/Contractor”)
(together, hereinafter referred to as “Project Partners”)
on the other hand.

Preamble

The Project Principal and the Project Agent/Contractor have concluded a contract concerning _____ [subject-matter] (hereinafter referred to as “the Project”) on _____ [date] (hereinafter referred to as the “Main Contract”). The Main Contract provides for project-accompanying adjudication pursuant to the Adjudication Rules of the German Arbitration Institute (hereinafter referred to as “DIS-AVO”) for the settlement of disputes and differences.

Section 1
Appointment as Adjudicator

The Project Partners and Mr./Mrs. _____ agree that Mr./ Mrs. shall assume the following functions:*
☐ Chairman of the Dispute Adjudication Board
☐ Other member of the Dispute Adjudication Board
☐ Sole Adjudicator

Section 2
General duties, rights and declarations of the Adjudicator

The Adjudicator declares that he is independent of each of the Project Partners.
The Adjudicator declares that he is not aware of any circumstances which would impede his sufficient availability in the context of the adjudication. He will use his best endeavors to ensure a sufficient availability for the duration of this Agreement.
The Adjudicator undertakes to comply with his duties resulting from the Adjudication Services Agreement of the Project Partners and the DIS-AVO. He is entitled to the rights, objections and exceptions arising from the Adjudication Services Agreement of the Project Partners and the DIS-AVO.

Section 3
Remuneration of the Adjudicator

The Adjudicator is entitled to the remuneration resulting from section 30 of the DIS-AVO.
☐* An adjustment of the fees pursuant to section 30 subsection 9 DIS-AVO shall take place after acceptance. The Adjudicator will then be entitled to a monthly base fee equivalent to double the hourly rates (appendix 1 to section 30 subsections 1 and 11 DIS-AVO).

Section 4
Reimbursement of expenses

The Adjudicator is entitled to the remuneration resulting from section 30 of the DIS-AVO.

Section 5
Right to advances

The Adjudicator is entitled to appropriate advances pursuant to section 30 subsection 8 DIS-AVO.

Section 6
Time sheets/receipts

The Adjudicator shall enclose a sufficiently detailed time sheet with each invoice on the variable remuneration. For each expense billed in the amount of more than € _____**, the Adjudicator shall include a copy of the receipt.

Section 7
Billing/joint and several liability

The Adjudicator will bill each Project Partner with its claims under Sections 3–5 of this Agreement one half each. In the event that one of the Project Partners does not fully or partially satisfy these claims, the other Project Partner is jointly and severally liable for these claims.

Section 8
Contact details

The Adjudicator’s contact details are as follows:
Postal address: ____________
Telephone no.: ____________
Telefax no.: ____________
Email address: ____________
The contact details of the Project Principal are as follows:
Postal address: ____________
Telephone no.: ____________
Telefax no.: ____________
Email address: ____________
Email address: ____________
The contact details of the Project Agent/Contractor are as follows:
Postal address: ____________
Telephone no.: ____________
Telefax no.: ____________
Email address: ____________

Section 9
Duration of the Agreement and its termination

The duration of this Agreement can be ascertained from section 31 DIS-AVO. It is extended automatically in the event of section 31 subsection 1 sentence 3 DIS-AVO.
An early termination of this Agreement only occurs pursuant to sections 5 and 31 DIS-AVO.

Section 10
Storage of files

The Adjudicator is not obliged to store the files for longer than three years after the termination of the adjudication activity.

Section 11
Applicable law

This Agreement is subject to German substantive law***.

Section 12
Dispute resolution

All disputes arising out of or in connection with the Adjudication Services Agreement or its validity shall be finally settled according to the Arbitration Rules and the Supplementary Rules for Expedited Proceedings (Annex 4 of the DIS Arbitration Rules) of the German Arbitration Institute (DIS) without recourse to the ordinary courts of law.

Section 13
Severability clause

Should any provision of this agreement be found to be invalid, the legal validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision which is as close as possible to the intent of the invalid provision.

* Please mark if applicable
** Please complete amount
*** Select the law of another state if desired
Import: