DIS TPNR DIS Supplementary Rules for Third-Party Notices (2024)
DIS TPNR
DIS Supplementary Rules for Third-Party Notices (2024)
The Supplementary Rules for Third-Party Notices (“DIS-TPNR”) contractually bind a third party to an award rendered in an arbitration conducted pursuant to the DIS-TPNR (“Initial Arbitration”) and take effect (the “Effects of the Third-Party Notice” being defined in Article 11 DIS-TPNR) in a subsequent dispute between a party to the Initial Arbitration and a third party (“Subsequent Dispute”). The DIS-TPNR are based on the model for third-party notices in the German Code of Civil Procedure. The Subsequent Dispute may be brought before state courts or arbitral tribunals.
For the Effects of the Third-Party Notice to arise, corresponding agreements are required in the relationship between the parties to the Initial Arbitration on the one hand and the parties to the Subsequent Dispute on the other hand. Only by way of linking the contractual agreements in these different legal relationships, the DIS-TPNR create the Effects of the Third-Party Notice for the Subsequent Dispute. This link can be achieved by agreeing on an arbitration under the DIS Rules in both legal relationships in accordance with the DIS-TPNR.
The following standard model clause can be used both in the relationship between the parties to the Initial Arbitration and in the relationship between one of these parties and a third party:1
(1) All disputes arising out of or in connection with this contract or its validity shall be finally settled in accordance with the Arbitration Rules of the German Arbitration Institute (“DIS”) without recourse to the ordinary courts of law.
(2) The Supplementary Rules for Third-Party Notices (“DIS-TPNR”) shall apply. [Optional: “A third-party notice shall be admissible only in respect of the third parties specified subsequently: ...”]
(3) The arbitral tribunal shall be comprised of [please enter “a sole arbitrator” or “three arbitrators”].
(4) The seat of the arbitration shall be [please enter city and country].
(5) The language of the arbitration shall be [please enter language of the arbitration].
(6) The law applicable to the merits shall be [please enter law or rules of law].
The binding effect for the Subsequent Dispute may also be agreed upon independently of an agreement on a DIS arbitration for the Subsequent Dispute. In this case, the following alternative model clause can be used in the relationship between a party to the Initial Arbitration and a third party:
Each contracting party agrees that another contracting party, in an arbitration conducted by that party with a third party, may issue a third-party notice to it in accordance with the Supplementary Rules for Third-Party Notices of the German Arbitration Institute (“DIS-TPNR”). The effects of the third-party notice for a subsequent dispute between the parties to this contract shall be governed by the DIS-TPNR.
[Optional: “The third-party notice shall be admissible only when made by [designation of the contracting party or parties] in an arbitration conducted between the latter and a third party.”]
1 In case of involvement of a consumer within the meaning of Section 13 of the German Civil Code, the form requirements pursuant to Section 1031 para. 5 of the German Code of Civil Procedure must be fulfilled.
Imported: