DIS EDR DIS Rules on Expert Determination (2010)
DIS EDR
DIS Rules on Expert Determination (2010)
23.1 A party wishing to have a decision reviewed in (arbitration) court proceedings shall notify the DIS in writing that it does not recognize the decision in full or in part (declaration of non-recognition). The DIS delivers the declaration of non-recognition to the other party and the arbitration experts without undue delay.
23.2 The declaration of non-recognition must be received by the DIS within a month following receipt of the decision by the non-recognizing party (section 17 subsection 7). Otherwise the decision becomes final and binding. It is no longer subject to appeal by (arbitration) action, not even with the assertion of an obvious inequity or obvious incorrectness or a breach of the right to be heard or other procedural breach.
23.3 The time-limit of one month for the declaration of non-recognition is not extended by the filing of a request for correction or interpretation (section 18).
23.4 Both parties are entitled to file a claim (in arbitration) if a declaration of non-recognition is made. A declaration of non-recognition may only be withdrawn with the other party’s consent. 23.5 In the event that the binding effect pursuant to subsection 2 is not observed, the entitled party may seek the performance of the obligation established by the arbitration experts in court proceedings even if there is an arbitration agreement. In the event that arbitration proceedings pursuant to the DIS Arbitration Rules are instituted on the basis of an arbitration agreement, expedited proceedings pursuant to the Supplementary Rules for Expedited Proceedings shall be carried out.
Import: