DIS EDR DIS Rules on Expert Determination (2010)
DIS EDR
DIS Rules on Expert Determination (2010)
22.1 Decisions within the meaning of sections 17 and 21 subsection 3 are binding on the parties. Their binding effect ceases if and insofar as they are set aside or altered by a decision of a(n) (arbitration) court. The binding effect of a preliminary ruling ceases in such cases where it is set aside by a decision of the arbitration experts.
22.2 The non-observance of a decision of the arbitration experts by a party constitutes an intentional and severe breach of contract. The consequences of the breach are determined by the rules of the Main Contract. Such breach of contract persists irrespective of whether a(n) (arbitration) court declares the decision by the arbitration experts to be justified or unjustified. In the event that the non-observance of a decision leads to a delay of the project, the contractual party who is obligated to perform shall be in default even if the (arbitration) court later confirms a right to refuse performance.
22.3 No intentional and severe breach of contract shall be assumed only in those cases where the proceedings suffer from a defect which in corresponding arbitration proceedings would lead to the setting-aside of an award (section 1059 subsection 2 no. 2 German Code of Civil Procedure).
22.4 A party who has carried out or refrained from carrying out legal acts in accordance with the decision in reliance upon the binding effect of that decision, is not obligated to pay damages to the other party.
Import: