DIS EDR DIS Rules on Expert Determination (2010)
DIS EDR
DIS Rules on Expert Determination (2010)
6.1 The following applies to expert determination proceedings with a sole arbitration expert:
(1) Within two weeks after commencement of the expert determination proceedings (section 2 subsection 3), the parties shall agree on the sole arbitration expert and notify the DIS thereof.
(2) If the parties have not agreed on the sole arbitration expert within two weeks after commencement of the proceedings, each party may request the nomination of a sole arbitration expert by the DIS Appointing Committee. Upon filing the request, the requesting party shall pay to the DIS the fee for nomination of an arbitration expert pursuant to the schedule of costs (appendix 1 to section 30 subsection 6) in force on the date of receipt of the request by the DIS Main Secretariat.
6.2 The following applies to expert determination proceedings with three arbitration experts:
(1) The applicant shall nominate an arbitration expert in his request for obtaining an expert determination (section 2 subsection 1). Multiple applicants shall jointly nominate one arbitration expert.
(2) Within two weeks after commencement of the proceedings, the opponent shall inform the DIS and the applicant about its nomination of an arbitration expert (section 2 subsection 3). Multiple opponents shall jointly nominate one arbitration expert.
(3) If the DIS Main Secretariat does not receive a nomination from the opponent within two weeks after commencement of the proceedings, the applicant may request the nomination by the DIS Appointing Committee. Upon filing the request the applicant shall pay to the DIS the fee for nomination of an arbitration expert pursuant to the schedule of costs (appendix 1 to section 30 subsection 6) in force on the date of receipt of the request by the DIS Main Secretariat. A nomination is still timely after expiry of the period of two weeks as long as the DIS Main Secretariat receives such nomination prior to a request by the applicant for nomination by the DIS Appointing Committee.
(4) If several opponents fail to agree on a joint nomination of an arbitration expert within two weeks, the DIS Appointing Committee nominates two arbitration experts upon request of a party. A nomination made by the applicant side is set aside by the DIS Appointment Committee’s nomination. Upon filing the request, the requesting party shall pay to the DIS a double fee for nomination of an arbitration expert pursuant to the schedule of costs (appendix 1 to section 30 subsection 6) in force on the date of receipt of the request by the DIS Main Secretariat.
(5) The two arbitration experts nominated pursuant to nos. (1) – (4) shall jointly make proposals to the parties for the chairman of the panel of arbitration experts within a time-limit of 30 days after confirmation (subsection 9) of the last of the two arbitration experts. If both parties agree on a proposal, one of the parties shall nominate the proposed person to the DIS. If the arbitration experts nominated pursuant to nos. (1) – (4) do not make a joint proposal for the chairman to the parties within the time-limit of 30 days, or if the parties fail to agree on the nomination of a proposed person to the DIS within 15 days after receipt of a joint proposal by the last of the two parties, each party may request the nomination of the chairman by the DIS Appointing Committee. Upon filing the request for nomination the requesting party shall pay to the DIS the fee for nomination of an arbitration expert pursuant to the schedule of costs (appendix 1 to section 30 subsection 6) in force on the date of the receipt of request by the DIS Main Secretariat.
(6) Each arbitration expert may discuss the choice of the chairman with the party which has nominated him.
6.3 The DIS Appointing Committee takes into consideration the qualifications required, necessary language skills, if applicable, as well as other criteria submitted by the parties when nominating an arbitration expert.
6.4 The DIS shall send the request in writing and these Rules on Expert Determination to each nominated arbitration expert.
6.5 Each arbitration expert must be impartial and independent. He shall exercise his office to the best of his knowledge and abilities, and in doing so is not bound by any directions.
6.6 Each person who is nominated as arbitration expert shall without undue delay notify the DIS Main Secretariat of his acceptance of the office as arbitration expert and declare whether he fulfills the qualifications, if any, agreed upon by the parties. Such person shall disclose all circumstances likely to give rise to doubts as to his impartiality or independence. The DIS Main Secretariat informs the parties accordingly.
6.7 If circumstances are apparent from an arbitration expert’s declaration, which are likely to give rise to doubts as to his impartiality or independence or the fulfillment of agreed qualifications, the DIS Main Secretariat grants the parties the opportunity to comment within an appropriate time-limit.
6.8 An arbitration expert shall disclose to the parties and the DIS Main Secretariat circumstances likely to give rise to doubts as to his impartiality or independence without undue delay throughout the expert determination proceedings.
6.9 The DIS Secretary General may confirm the nominated arbitration expert as soon as the DIS Main Secretariat receives the arbitration expert’s declaration of acceptance and no circumstances likely to give rise to doubts regarding his impartiality or independence or the fulfillment of agreed qualifications are apparent from the declaration, or if within the time-limit set by subsection 7 no party objects to the confirmation of that arbitration expert. In all other cases the DIS Appointing Committee decides upon application on the confirmation of the nominated arbitration expert. Upon filing the requests, the requesting party shall pay to the DIS the fee for the decision on confirmation of an arbitration expert pursuant to the schedule of costs (appendix 1 to section 30 subsection 6) in force on the date of receipt of the request by the DIS Main Secretariat.
6.10 Upon appointment of all arbitration experts, the panel of arbitration experts is constituted. The DIS Main Secretariat informs the parties of the constitution of the panel of arbitration experts.
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