DIS AdjR DIS Adjudication Rules (2010)
DIS AdjR
DIS Adjudication Rules (2010)
28.1 The adjudicators are obligated to keep secret documents and information which they have received from a party in the course of their activity as adjudicator and shall not forward them to third parties. The parties, the adjudicators and the persons at the DIS Main Secretariat involved in the administration of the adjudication proceedings shall maintain confidentiality towards all persons regarding the adjudication proceedings and, in particular, regarding the parties involved and the documents exchanged. Persons acting on behalf of any person involved in the proceedings shall be obligated to maintain confidentiality.
28.2 This does not apply to information or documents which were known to them before the adjudication proceedings or which demonstrably would otherwise have become known.
28.3 Contractual confidentiality or secrecy obligations remain unaffected.
28.4 Each party is entitled to submit briefs or other documents which are filed in the dispute-related adjudication proceedings, as well as decisions by the adjudicators in subsequent (arbitration) court proceedings. Records pursuant to section 6 subsection 8 may also be used in a(n) (arbitration) court proceeding. However, oral statements of the parties or persons who have been interviewed for informational reasons may not be cited in (arbitration) court proceedings. In the event that statements are so cited, the (arbitrators) judges may not consider them.
28.5 The adjudicators may not be called as witnesses for facts which were disclosed to them in relation to their adjudication activity. This does not apply to such facts which have become known to the adjudicators on the occasion of a site inspection.
28.6 The DIS may publish information on adjudication proceedings in a compilation of statistical data, provided such information excludes identification of the persons involved.
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