DIS EDR DIS Rules on Expert Determination (2010)
DIS EDR
DIS Rules on Expert Determination (2010)
28.1 The parties, the arbitration experts and the persons at the DIS Main Secretariat involved in the administration of the expert determination proceedings shall maintain confidentiality towards all persons regarding the expert determination 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 before the expert determination 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 expert determination proceedings, as well as decisions by the arbitration experts in subsequent (arbitration) court proceedings. 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 arbitration experts may not be called as witnesses for facts which were disclosed to them during the expert determination proceedings. This does not apply to such facts which have become known to the arbitration experts on the occasion of a site inspection.
28.6 The DIS may publish information on expert determination proceedings in a compilation of statistical data, provided such information excludes identification of the persons involved.
Import: