The Dis Arbitration Rules
An Article-By-Article Commentary
By: Gustav Flecke-Giammarco, Christopher Boog, Siegfried H. Elsing, Peter Heckel, Anke Meier
The new arbitration rules of the German Arbitration Institute (Rules) entered into force on 1 March 2018. Drafted over an intense period of eighteen months by a committee of globally recognized experts with the active participation of nearly 300 arbitration practitioners, the Rules stand poised to attract parties seeking dispute resolution not only in Germany but also internationally. This extraordinary book, written by the drafters themselves, with more than 550 pages of comprehensive article-by-article commentary, is filled with practical insights and recommendations regarding the application of the Rules. Each provision of the new Rules is given its own chapter, in which the following issues and topics are examined in depth for the specific rule under analysis: use of the provision in practice; modifications from the corresponding provision in the 1998 Rules; relationship to the relevant sections of the German Code of Civil Procedure; comparison with relevant regulations and practices in German State court proceedings; detailed expert commentary, including analysis of case law and legal scholarship; DIS practice concerning the application of the provision; and comparison with similar provisions in other arbitration rules. An annex contains an extensive collection of reference materials, including forms, schedule of costs and texts of various international arbitration documents. The authors and editors have vast experience as counsel and arbitrators in proceedings conducted under the auspices of the DIS and other arbitral institutions. Their intimate familiarity with all aspects of DIS case administration is of immeasurable value to all stakeholders in arbitral proceedings. A genuine user's guide, the book explains how the new Rules are likely to be applied in practice by the arbitral institution, arbitrators and parties. Its practical tips regarding the effective conduct of DIS arbitrations elucidate best practices for counsel and arbitrators and make DIS' day-to-day case management and decision-making processes more transparent and predictable for users of all levels of experience and expertise.
AI Overview
"The DIS Arbitration Rules: A Commentary on International Arbitration in Germany" is a comprehensive guide to the 2018 DIS Arbitration Rules, written by a team of experts including Gustav Flecke-Giammarco, Christopher Boog, Siegfried H. Elsing, Peter Heckel, and Anke Meier. Here is a detailed overview of the book:
Key Themes
- Practical Commentary: The book provides a practical, article-by-article commentary on the 2018 DIS Arbitration Rules, offering insights and recommendations on their application.
- International Arbitration: It focuses on international arbitration in Germany, highlighting the novelties and changes introduced by the new rules compared to the 1998 Arbitration Rules.
- Procedural Efficiency: The DIS Arbitration Rules aim to enhance procedural efficiency, including provisions for multi-contract arbitration and the ability of the arbitral tribunal to appoint experts and examine witnesses on its own initiative.
- Arbitration Council: The book discusses the role of the Arbitration Council, which is empowered to hear and decide on various procedural issues, such as arbitrator challenges, and to review draft awards.
Plot Summary
The book is structured with each provision of the new rules given its own chapter. Each chapter examines in-depth the specific rule under analysis, covering issues like the role of the arbitral tribunal, the appointment of experts, and the production of documents. The annex section includes an extensive collection of reference materials, such as forms, schedules of costs, and texts of various international arbitration documents.
Critical Reception
The book has received positive reviews for its comprehensive and practical approach. Members of the drafting committee have published an impressive commentary that is filled with practical insights and recommendations regarding the application of the Rules. The authors' intimate familiarity with all aspects of DIS case administration is highlighted as a significant value to stakeholders in arbitral proceedings.
Conclusion
"The DIS Arbitration Rules: A Commentary on International Arbitration in Germany" is a seminal work that provides a detailed and practical guide to the 2018 DIS Arbitration Rules. It is essential reading for anyone involved in international arbitration in Germany, offering insights into the new rules and their application. The book's comprehensive nature, coupled with the expertise of its authors, makes it a valuable resource for both practitioners and scholars in the field of international arbitration.