DIS AdjR DIS Adjudication Rules (2010)
DIS AdjR
DIS Adjudication Rules (2010)
4.1 The following applies to a project-accompanying adjudication with a sole adjudicator:
(1) Within 30 days after commencement of the project-accompanying adjudication (section 2), the parties shall agree on the sole adjudicator and notify the DIS thereof.
(2) If the parties have not agreed on the sole adjudicator within a time-limit of 30 days after commencement of the proceedings, each party may request the nomination of the sole adjudicator by the DIS Appointing Committee. The fee for nomination of an adjudicator pursuant to the schedule of costs (appendix 1 to section 30) in force on the date of receipt of the request by the DIS Main Secretariat shall be paid with the request.
4.2 The following applies to a project-accompanying adjudication with three adjudicators:
(1) Within 30 days after commencement of the project-accompanying adjudication (section 2), the parties shall jointly nominate two adjudicators to the DIS. If no joint nomination of two adjudicators is made within this time-limit, or if the parties jointly nominate only one adjudicator, each party may request the nomination of the missing adjudicator(s) by the DIS Appointing Committee. The fee for nomination of an adjudicator for each adjudicator to be nominated pursuant to the schedule of costs (appendix 1 to section 30) in force on the date of receipt of the request by the DIS Main Secretariat shall be paid to the DIS with the request.
(2) The two adjudicators nominated pursuant to no. (1) shall jointly make proposals to the parties for the chairman of the DAB within a time-limit of 30 days after confirmation (subsection 7) of the last of the two adjudicators. If both parties agree on a proposal, one of the parties shall nominate the proposed person to the DIS. If the adjudicators nominated pursuant to no. (1) 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. The fee for nomination of an adjudicator pursuant to the schedule of costs (appendix 1 to section 30) in force on the date of receipt of the request by the DIS Main Secretariat shall be paid with the request.
4.3 Each adjudicator 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.
4.4 Each person who is nominated as adjudicator shall without undue delay notify the DIS Main Secretariat of his acceptance of the office as adjudicator and declare whether he fulfills the qualifications, if any, agreed upon by the parties. Such person shall disclose all circumstances which are likely to give rise to doubts as to his impartiality or independence. The DIS Main Secretariat informs the parties accordingly.
4.5 If circumstances are apparent from an adjudicator’s declaration, which are likely to give rise to doubts as to his impartiality or independence or his fulfillment of agreed qualifications, the DIS Main Secretariat grants the parties an opportunity to comment within an appropriate time-limit.
4.6 An adjudicator shall disclose to the parties circumstances likely to give rise to doubts as to his impartiality or independence without undue delay throughout the entire period of his activity.
4.7 The DIS Secretary General may confirm the nominated adjudicator as soon as the DIS Main Secretariat receives the adjudicator’s declaration of acceptance and no circumstances likely to give rise to doubts regarding his impartiality or independence or his fulfillment of agreed qualifications are apparent from the declaration, or if within the time-limit set by subsection 5 no party objects to the confirmation of that adjudicator. In all other cases the DIS Appointing Committee decides upon application on the confirmation of the nominated adjudicator. The fee for the confirmation of an adjudicator pursuant to the schedule of costs (appendix 1 to section 30) in force on the date of receipt of the request by the DIS Main Secretariat shall be paid with the request for nomination.
4.8 Upon confirmation of all adjudicators, the DAB is constituted. The DIS Main Secretariat informs the parties of the constitution of the DAB. The adjudicators’ office commences upon constitution of the DAB.
4.9 The confirmed adjudicators and the parties should conclude a written adjudication services agreement on the basis of the model contained in appendix 2.
Imported: