The German Arbitration Institute (DIS): activity, rules and supplementary rules – brief characteristics

Deutsche Institution für Schiedsgerichtsbarkeit e. V. (DIS; the German Arbitration Institute) is the biggest and most active arbitration institution in Germany. Its main office is in Cologne, but the DIS also has offices in Berlin and Munich.

Its purpose is to promote German and international arbitration. The DIS cooperates on publishing “Zeitschrift Schiedsfahren” (SchiedsVZ, Arbitration Journal), organises numerous seminars and conferences, and maintains a database of judgments concerning arbitration. As the most important part of its activity, the DIS administers arbitration proceedings and ADR proceedings conducted on the basis of DIS model rules. The DIS also acts as an authority appointing arbitrators in arbitration proceedings conducted on the basis of UNCITRAL Arbitration Regulations and in other ad hoc arbitration proceedings. Since 1 January 2008 the German Court of Arbitration for Sport (Deutsches Sportschiedsgericht) has been operating at the DIS.

Rules and additional rules created by the DIS standardise arbitration and ADR proceedings in detail.

A fundamental role is played by the DIS-Arbitration Rules of 1998. It is available in German, English, French, Spanish, Russian, Chinese, Turkish and Arabic, which indicates a wide circle of foreign contracting parties of German entities which are interested in arbitration and alternative dispute resolution (ADR). The DIS-Arbitration Rules delineate frameworks for standard arbitration proceedings. Supplementary rules, in accordance with the will of the parties expressed in an agreement or directly before a statement of claim is brought, detail the rules applicable in particular kinds of proceedings. The following are available: DIS-Supplementary Rules for Expedited Proceedings of 2008 (in German, English, Russian and French) as well as DIS-Supplementary Rules for Corporate Law Disputes of 2009 (in German and English). The DIS has also introduced amendments to the model UNCITRAL Arbitration Rules, adapting them for proceedings administered by the DIS.

The following also apply: DIS-Guidelines for the Reimbursement of Arbitrators’ Expenses, DIS Conflict Management Rules, DIS-Conciliation Rules, DIS Mediation Rules, DIS Rules on Expert Determination, DIS Rules on Expertise, and DIS Rules on Adjudication. Also applicable are separate DIS Rules for the Court of Arbitration for Sport.

In 2015 itself, the DIS was appointed to administer in 134 arbitration proceedings, 16 of which were proceedings conducted before the German Court of Arbitration for Sport, and in 6 ADR proceedings with a total litigation value of EUR over two billion (EUR 2,009,469,032). The lowest litigation value in a case was EUR 1,900 and the highest EUR 845,000,000.

29% of the proceedings were conducted with the participation of foreign entities (from outside Germany), including 23% with foreign entity participation on one side of the dispute, and in 6% of proceedings foreign entities took part on both sides of the proceedings. Foreign entities came from a total of 24 countries, including: Russia (6), Switzerland (6), Luxembourg (4), China (3), Italy (3) and Spain (3). In 2014, foreign entities came from 19 different countries, including: the USA (5), Holland (5), the UK (4) and India (4). The countries from which the parties to proceedings came included: Turkey, South Korea and the United Arab Emirates.[1] In 16% of cases the proceedings were conducted in English. In the above period, no foreign entities came from Poland.


Regulations and additional rules:



[1]The statistics concerning proceedings with the participation of foreign entities did not take into account proceedings pending before the German Court of Arbitration for Sport.