DIS TPNR DIS Supplementary Rules for Third-Party Notices (2024)
DIS TPNR
DIS Supplementary Rules for Third-Party Notices (2024)
10.1
A party or Intervener may raise objections to the validity of the third-party notice within 21 days following the date of the transmission of the declaration of intervention of the third-party notice recipient. In deviation from Article 6.2 sentence 1, a third-party notice recipient may intervene in the arbitration for the sole purpose of raising objections to the validity of the third-party notice. If objections are raised, the arbitral tribunal shall decide by way of an order on the validity of the third-party notice.
A party or Intervener may raise objections to the validity of the third-party notice within 21 days following the date of the transmission of the declaration of intervention of the third-party notice recipient. In deviation from Article 6.2 sentence 1, a third-party notice recipient may intervene in the arbitration for the sole purpose of raising objections to the validity of the third-party notice. If objections are raised, the arbitral tribunal shall decide by way of an order on the validity of the third-party notice.
10.2
If the arbitral tribunal determines the invalidity of the third-party notice, the effects pursuant to Article 11.1 and Article 11.2 shall cease with respect to the third-party notice recipient. If it intervened in the arbitration, it shall be released from the arbitration. In this case, it shall have a claim against the Main Party for reimbursement of the costs of the arbitration incurred by it pursuant to Article 32 (iii) of the Rules. The decision determining the invalidity of the third-party notice shall be binding in the Subsequent Dispute and may not be reviewed.
If the arbitral tribunal determines the invalidity of the third-party notice, the effects pursuant to Article 11.1 and Article 11.2 shall cease with respect to the third-party notice recipient. If it intervened in the arbitration, it shall be released from the arbitration. In this case, it shall have a claim against the Main Party for reimbursement of the costs of the arbitration incurred by it pursuant to Article 32 (iii) of the Rules. The decision determining the invalidity of the third-party notice shall be binding in the Subsequent Dispute and may not be reviewed.
10.3
If the arbitral tribunal confirms the validity of the third-party notice, the arbitration shall be continued with a third-party notice recipient that intervened in the arbitration. The decision confirming the validity of the third-party notice shall not be binding in the Subsequent Dispute. However, the third-party notice recipient may only raise objections to the validity of the third-party notice in the Subsequent Dispute
If the arbitral tribunal confirms the validity of the third-party notice, the arbitration shall be continued with a third-party notice recipient that intervened in the arbitration. The decision confirming the validity of the third-party notice shall not be binding in the Subsequent Dispute. However, the third-party notice recipient may only raise objections to the validity of the third-party notice in the Subsequent Dispute
(i) which it has already raised in the arbitration in which the third-party notice was issued to it
or
(ii) which are based on circumstances which it neither knew nor had to know at the end of the time limit stipulated in Article 10.1.
Import: