DIS ConR DIS Conciliation Rules (2002)
DIS ConR
DIS Conciliation Rules (2002)
The Deutsche Institution für Schiedsgerichtsbarkeit e.V. (DIS) (German Institution of Arbitration), which was formed on January 1, 1992 by the merger of the Deutsche Ausschuss für Schiedsgerichtsbarkeit (German Association of Arbitration) and the Deutsches Institut für Schiedsgerichtsbarkeit (German Institute of Arbitration), promotes arbitration and provides a uniform service for all arbitration-related matters across Germany.
The DIS Arbitration Rules, effective since July 1, 1998, are available to businesses of all sectors, for the resolution of disputes on a domestic as well as on an international level. Although many of the proceedings conducted pursuant to these Rules result in a settlement in the form of an arbitral award on agreed terms, the parties often have an interest in pursuing an amicable resolution of the dispute by means of separate proceedings conducted before an independent and impartial third party, who is not authorised to decide the dispute finally. “Mediation” and “Conciliation” are the terms used most often to denote such proceedings.
The present DIS Conciliation Rules, which become effective on January 1, 2002, comply with the standards and notions at the core of these terms.
Principle and basis of the Conciliation Rules is the notion that the success of conciliation proceedings depends on the willingness of all parties involved to arrive at a solution by consent. Therefore each party has the option to terminate the proceedings at any time without providing reasons.
The willingness of the parties to reach consensus is paramount. This applies in particular to the procedure and commencement of the conciliation proceedings. Thus the present Conciliation Rules consciously provide only the framework for conducting such proceedings.
The DIS Conciliation Rules can be resorted to in domestic as well as international disputes. The place of the proceedings need not be located in Germany. Just like the language(s) of the proceedings, it can be freely negotiated by the parties. Finally, persons of any nationality can be appointed as conciliator.
Berlin/Bonn, January 1, 2002
* Translation from German. Only the German text is authoritative.
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