DIS TPNR DIS Supplementary Rules for Third-Party Notices (2024)
DIS TPNR
DIS Supplementary Rules for Third-Party Notices (2024)
6.1
The DIS shall transmit the Statement of Third-Party Notice to the third-party notice recipient as well as to the other parties and third-party notice recipients. If the requirements of Articles 3.1, 3.2 and 13.1 are not complied with, the DIS may withhold the transmission.
The DIS shall transmit the Statement of Third-Party Notice to the third-party notice recipient as well as to the other parties and third-party notice recipients. If the requirements of Articles 3.1, 3.2 and 13.1 are not complied with, the DIS may withhold the transmission.
6.2
A third-party notice recipient may join the arbitration as an intervener in support of the Main Party within 21 days following the date of the transmission of the Statement of Third-Party Notice (“Intervention Period”). For the purpose of intervention, the third-party notice recipient shall make a declaration of intervention to the Main Party and the DIS in the form set out in Article 3.2 sentence 2 (i) and to all parties, third-party notice recipients and the DIS in the form set out in Article 3.2 sentence 2 (ii). The DIS may set a time limit for the third-party notice recipient to supplement its declaration under sentence 2. The DIS shall determine with binding effect vis-à-vis the parties and the third-party notice recipients whether or not the intervention has been validly made for the purposes of appointing the arbitral tribunal in accordance with Articles 7 and 8, and shall notify the parties and the third-party notice recipients thereof. If a party or a third-party notice recipient that has intervened in the arbitration (“Intervener”) disputes the validity of the intervention within the time limit stipulated in Article 10.1 sentence 1, the Arbitration Council shall determine whether or not the intervention has been validly made.
A third-party notice recipient may join the arbitration as an intervener in support of the Main Party within 21 days following the date of the transmission of the Statement of Third-Party Notice (“Intervention Period”). For the purpose of intervention, the third-party notice recipient shall make a declaration of intervention to the Main Party and the DIS in the form set out in Article 3.2 sentence 2 (i) and to all parties, third-party notice recipients and the DIS in the form set out in Article 3.2 sentence 2 (ii). The DIS may set a time limit for the third-party notice recipient to supplement its declaration under sentence 2. The DIS shall determine with binding effect vis-à-vis the parties and the third-party notice recipients whether or not the intervention has been validly made for the purposes of appointing the arbitral tribunal in accordance with Articles 7 and 8, and shall notify the parties and the third-party notice recipients thereof. If a party or a third-party notice recipient that has intervened in the arbitration (“Intervener”) disputes the validity of the intervention within the time limit stipulated in Article 10.1 sentence 1, the Arbitration Council shall determine whether or not the intervention has been validly made.
6.3
If a third-party notice recipient does not intervene in time, the arbitration shall be continued without it. The third-party notice recipient may intervene in the arbitration even after the expiry of the Intervention Period at any stage of the dispute until the final award is made in accordance with Article 6.2 sentences 2 and 3 under the additional requirement that it does not raise objections to the composition of the arbitral tribunal.
If a third-party notice recipient does not intervene in time, the arbitration shall be continued without it. The third-party notice recipient may intervene in the arbitration even after the expiry of the Intervention Period at any stage of the dispute until the final award is made in accordance with Article 6.2 sentences 2 and 3 under the additional requirement that it does not raise objections to the composition of the arbitral tribunal.
6.4
The Intervener shall accept the arbitration as it stands at the time of its intervention. The Intervener shall have the right to raise challenges or defences and to validly perform all procedural actions to the extent that its declarations and actions do not contradict the declarations and actions of the Main Party. A right of the Intervener to participate in the constitution of the arbitral tribunal shall remain unaffected by this.
The Intervener shall accept the arbitration as it stands at the time of its intervention. The Intervener shall have the right to raise challenges or defences and to validly perform all procedural actions to the extent that its declarations and actions do not contradict the declarations and actions of the Main Party. A right of the Intervener to participate in the constitution of the arbitral tribunal shall remain unaffected by this.
Imported: