The 2018 DIS Arbitration Rules in Practice

The 2018 DIS Arbitration Rules: the short answer

The 2018 DIS Arbitration Rules of the German Arbitration Institute (Deutsche Institution für Schiedsgerichtsbarkeit, DIS) have applied since 1 March 2018 and remain the current version. They are designed for efficiency: the tribunal must hold a case management conference, in principle within 21 days of its constitution, and discuss efficiency measures, expedited proceedings and amicable settlement. Optional annexes provide for expedited proceedings with an award within six months of the case management conference and for corporate disputes. A revised Schedule of Costs (Annex 2) has applied to arbitrations commenced since 1 March 2026.

The DIS Arbitration Rules suit both domestic disputes between German companies and international disputes, with seats in Germany or abroad. Where the seat is in Germany, the arbitration law in §§ 1025 to 1066 of the Code of Civil Procedure (Zivilprozessordnung, ZPO) applies alongside the Rules.

Key features of the DIS Arbitration Rules

Constituting the tribunal under the DIS Arbitration Rules

Under Article 10 of the DIS Arbitration Rules, the parties may agree on a sole arbitrator, three arbitrators or another odd number. Absent agreement, the tribunal consists of three arbitrators unless the DIS Arbitration Council grants a party's request for a sole arbitrator. In a three-member tribunal, each party nominates a co-arbitrator, and the co-arbitrators jointly nominate the president within 21 days after being requested by the DIS (Article 12.2). If they fail, the DIS Appointing Committee selects the president, who must then be of a different nationality from the parties unless they are all of the same nationality or agree otherwise (Article 12.3). The same applies to a sole arbitrator selected by the Appointing Committee (Article 11).

All arbitrators must be impartial and independent and disclose circumstances that could give rise to doubts. Challenges are decided by the Arbitration Council. Under Article 13.1, every arbitrator is appointed by the DIS, even when nominated by a party or by the co-arbitrators; the Appointing Committee decides on appointments (Article 13.2).

The case management conference

The case management conference is the centrepiece of the DIS Arbitration Rules. Article 27 requires the tribunal and the parties to conduct the proceedings in a time- and cost-efficient manner, taking into account the complexity and economic importance of the dispute. The conference should take place as soon as possible after the tribunal's constitution, in principle within 21 days (Article 27.2). Parties represented by outside counsel are encouraged to attend in person or with an in-house representative (Article 27.3).

At the conference, the tribunal must discuss the procedural rules and timetable and, specifically, each of the efficiency measures listed in Annex 3, whether to apply the expedited procedure of Annex 4, and the possibility of mediation or other amicable dispute resolution (Article 27.4). It must also discuss whether experts should be used and how to conduct the expert procedure efficiently (Article 27.7). A procedural order and timetable follow during or soon after the conference (Article 27.5).

Expedited proceedings and corporate disputes

Annex 4: expedited proceedings

If the parties agree, Annex 4 applies. The final award must be made at the latest six months after the case management conference. Each party may file only one further written submission after the Request and the Answer, and the tribunal holds only one oral hearing, including the taking of evidence. If the time limit cannot be met, the tribunal must explain why, but it does not lose jurisdiction. Expedited proceedings are suitable for disputes of moderate value or complexity, or where speed is essential.

Annex 5: corporate disputes

The Supplementary Rules for Corporate Disputes (DIS-CDR) enable arbitration of shareholder disputes, including challenges to shareholder resolutions in a GmbH, with effect for all shareholders. They provide for the inclusion of other shareholders and the company as "concerned others", so that the award can bind all of them. Parties must refer to the DIS-CDR in the arbitration agreement, typically in the articles of association. See our article on shareholder disputes in the GmbH.

Costs under the DIS Arbitration Rules and the 2026 cost table

Arbitrators' fees and the DIS administrative fees are calculated on the basis of the amount in dispute, according to Annex 2. The version of Annex 2 in force on the date the arbitration commences applies to the entire arbitration (Annex 2, paragraph 1.1); the current version has applied since 1 March 2026. The president or sole arbitrator receives the fee of a co-arbitrator plus 30 %. Fees increase by 10 % for each additional party, up to 50 % overall, and the Arbitration Council may increase fees by up to 50 % in cases of particular complexity.

Under the 2026 table, the DIS administrative fee for a Request is 2 % of the amount in dispute up to EUR 50,000 (minimum EUR 750), EUR 1,000 plus 1 % of the amount exceeding EUR 50,000 up to EUR 1 million, and EUR 10,500 plus 0.5 % of the amount exceeding EUR 1 million up to EUR 100 million, capped at EUR 50,000; above EUR 100 million it is EUR 60,000. The DIS publishes a cost calculator for estimates. Under Article 33, the tribunal decides on the allocation of costs in its discretion, taking into account all relevant circumstances, which may include the outcome of the arbitration and the efficiency of the parties' conduct.

German seat and the ZPO

Where the seat is in Germany, Book 10 of the ZPO governs the arbitration in addition to the DIS Arbitration Rules. The ZPO determines the formal requirements for the arbitration agreement (§ 1031 ZPO), the court's support functions, for example in appointing or challenging arbitrators if the institutional mechanism fails, the enforcement of interim measures (§ 1041 ZPO) and the grounds for setting aside an award (§ 1059 ZPO). The Higher Regional Courts are competent for most of these court proceedings. The parties' choice of the DIS Rules is respected within the limits of mandatory ZPO provisions, such as equal treatment and the right to be heard.

Seats outside Germany are also possible under the DIS Arbitration Rules. In that case, the arbitration law of the seat applies, and the award is treated as a foreign award for enforcement in Germany under the New York Convention. See our article on enforcing foreign arbitral awards.

The DIS model clause

The DIS recommends a model clause providing that all disputes arising out of or in connection with the contract or its validity shall be finally settled in accordance with the DIS Arbitration Rules without recourse to the ordinary courts of law. Parties should add the number of arbitrators, the seat, the language and the applicable substantive law. Optional additions incorporate Annex 4 (expedited proceedings) or the Supplementary Rules for Third-Party Notices. A clear clause avoids disputes about jurisdiction at the outset.

Interim relief and the role of courts

Under Article 25, the tribunal may order interim or conservatory measures at a party's request and may require security. In exceptional circumstances, it may rule without hearing the other party first, if notice would frustrate the purpose of the measure, but must then grant a hearing promptly. Parties may also apply to competent state courts for interim relief at any time (Article 25.3). In Germany, an interim measure ordered by a tribunal requires enforcement permission from the Higher Regional Court under § 1041(2) ZPO, so court relief may be faster where immediate enforcement is needed.

Illustration: a hypothetical German supplier and a French customer have a DIS clause with a seat in Frankfurt. After a dispute about defective deliveries worth EUR 2 million, the tribunal holds a case management conference two weeks after its constitution. The parties agree to limit document production, appoint a single tribunal-appointed expert and hold one hearing. The tribunal offers a preliminary non-binding assessment under Annex 3, which leads to a settlement recorded as an award by consent.

Third-party notices and multi-party cases

The DIS has issued Supplementary Rules for Third-Party Notices, which allow a party to notify a third party of the arbitration so that the outcome binds the third party in subsequent proceedings, comparable to the third-party notice in German civil procedure. They apply only where all relevant parties, including the third party, have agreed to them. The Rules also contain provisions on multi-contract arbitration, multi-party arbitration, joinder of additional parties and consolidation, which are relevant for construction projects and supply chains.

The DIS also reviews awards before they are issued. Under Article 39.3, the tribunal sends a draft award to the DIS, which may make observations on form and suggest non-mandatory modifications; the tribunal remains exclusively responsible for the content. The review helps to avoid formal defects that could matter in setting-aside or enforcement proceedings.

Finally, the DIS offers related services under separate rules, including mediation, conciliation, adjudication, expertise and expert determination, as well as dispute management under Annex 6. These can be combined with arbitration in multi-tier dispute resolution clauses. See our article on mediation and ADR in Germany.

How TRW & Co helps in DIS arbitration

We represent companies as claimants and respondents in DIS arbitrations and advise on drafting arbitration clauses, including clauses for expedited proceedings and for corporate disputes in articles of association. We prepare case management conferences, advise on the choice of arbitrators and handle related court proceedings under the ZPO, such as interim relief, challenges and enforcement. Our work connects with our international arbitration and commercial litigation practices. See also setting aside arbitral awards. To discuss a dispute, contact us.