DIS TPNR DIS Supplementary Rules for Third-Party Notices (2024)
DIS TPNR
DIS Supplementary Rules for Third-Party Notices (2024)
11.1
The third-party notice recipient shall not be heard, in its relationship to the Main Party, with the allegation that the dispute has been decided incorrectly; it shall be heard with the allegation that the Main Party has conducted the proceedings inadequately only insofar as it was prevented by the status of the dispute at the time the intervention following the third-party notice was possible, or by declarations made and actions taken by the Main Party, from raising challenges or defences, or insofar as challenges or defences which it was unaware of were not raised by the Main Party either intentionally or through gross negligence. In case of an award by consent, this only applies if and to the extent the third-party notice recipient has joined the settlement between the parties.
The third-party notice recipient shall not be heard, in its relationship to the Main Party, with the allegation that the dispute has been decided incorrectly; it shall be heard with the allegation that the Main Party has conducted the proceedings inadequately only insofar as it was prevented by the status of the dispute at the time the intervention following the third-party notice was possible, or by declarations made and actions taken by the Main Party, from raising challenges or defences, or insofar as challenges or defences which it was unaware of were not raised by the Main Party either intentionally or through gross negligence. In case of an award by consent, this only applies if and to the extent the third-party notice recipient has joined the settlement between the parties.
11.2
The third-party notice recipient is obliged vis-à-vis the Main Party to recognize the effects of a third-party notice in a Subsequent Dispute as set out in Article 11.1.
The third-party notice recipient is obliged vis-à-vis the Main Party to recognize the effects of a third-party notice in a Subsequent Dispute as set out in Article 11.1.
11.3
The Main Party and the third-party notice recipient agree that upon intervention of the third-party notice recipient the jurisdiction of the arbitral tribunal to render decisions pursuant to Article 10.2 sentence 3 and Article 13.5 is established in their relationship as well (“Intervention Arbitration Agreement”). By its declaration of intervention, the third-party notice recipient accepts the offer to conclude the Intervention Arbitration Agreement. No express reference to the Intervention Arbitration Agreement in the Statement of Third-Party Notice or in the declaration of intervention is required.
The Main Party and the third-party notice recipient agree that upon intervention of the third-party notice recipient the jurisdiction of the arbitral tribunal to render decisions pursuant to Article 10.2 sentence 3 and Article 13.5 is established in their relationship as well (“Intervention Arbitration Agreement”). By its declaration of intervention, the third-party notice recipient accepts the offer to conclude the Intervention Arbitration Agreement. No express reference to the Intervention Arbitration Agreement in the Statement of Third-Party Notice or in the declaration of intervention is required.
11.4
Receipt by the DIS of the third-party notice with the requirements of Article 3.1 in at least one of the forms for transmission pursuant to Article 3.2 shall suspend the limitation period with respect to the third-party notice recipient. For the purposes of suspending the limitation period, a third-party notice transmitted to the third-party notice recipient in accordance with Article 6.1 shall be deemed valid until its invalidity is determined. The suspension shall end six months
Receipt by the DIS of the third-party notice with the requirements of Article 3.1 in at least one of the forms for transmission pursuant to Article 3.2 shall suspend the limitation period with respect to the third-party notice recipient. For the purposes of suspending the limitation period, a third-party notice transmitted to the third-party notice recipient in accordance with Article 6.1 shall be deemed valid until its invalidity is determined. The suspension shall end six months
(i) following the date of the withdrawal of the third-party notice pursuant to Article 7.4 or Article 8.4 in conjunction with Article 7.4,
(ii) following the date of the determination of invalidity of the third-party notice; or otherwise six months
(iii) following the date of the termination of the arbitration.
Insofar as a third-party notice is deemed not to have been issued pursuant to Articles 3.3 sentence 2, 13.1 sentence 3 or 13.2 sentence 3, the suspension is deemed not to have occurred ab initio.
Import: