DIS EDR DIS Rules on Expert Determination (2010)
DIS EDR
DIS Rules on Expert Determination (2010)
30.1 The arbitration experts shall decide which party is to bear the costs of the expert determination proceedings. In principle, the unsuccessful party shall bear the costs of the expert determination proceedings. The panel of the arbitration experts may, taking into consideration the circumstances of the case, and in particular where each party is partly successful and partly unsuccessful, order each party to bear its own costs or apportion the costs between the parties. Unless otherwise agreed by the parties, each party shall bear its own costs (handling charges, legal fees).
30.2 The arbitration experts are entitled to a fee and reimbursement of expenses as well as to VAT levied on the fee or expenses, if applicable. The parties are jointly and severally liable to the arbitration experts for payment of the costs of the proceedings, notwithstanding any claim for reimbursement by one party against the other.
30.3 The arbitration expert’s fee shall be measured by the time spent by him.
30.4 The DIS is entitled to charge a procedural fee and a fee (fees) for the nomination or decision on confirmation or challenge or termination of the mandate of an arbitration expert including any VAT, if applicable. The parties are jointly and severally liable to the DIS for payment of these fees, notwithstanding any claim for reimbursement of one party against the other.
30.5 The arbitration experts are entitled to reasonable advance payments. These advance payments shall be paid by the parties in equal shares. The arbitration experts determine the extent of reimbursement of the advance payments by the party obligated to pay in the decision on costs.
30.6 The amount of the fee of the arbitration experts and the DIS fees ensues from the appendix which is part of these Rules on Expert Determination.
30.7 The decision on costs may be separately challenged by a claim (in arbitration). The challenging party shall file the claim within four weeks upon receipt of the decision on costs; otherwise the decision on costs becomes final and binding after the expiry of the four weeks time-limit.
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