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A. Arbitration Rules of the Chamber of Industry and Commerce Frankfurt am Main dated 10th May 1954 last amended 8th December 1999 The Chamber of Industry and Commerce Frankfurt am Main is a member of the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit e.V., DIS), which offers Arbitration Rules. Therefore the IHK Frankfurt am Main has restricted its Arbitration Rules to the following provisions: § 1 The Arbitration Rules of the Deutsche Institution für Schiedsgerichtsbarkeit e.V. DIS modified by the following Rules apply to disputes which, pursuant to an agreement concluded between the parties, are to be decided by an arbitral tribunal in accordance with the Arbitration Rules of the IHK Frankfurt am Main. Unless otherwise agreed by the parties, the Arbitration Rules in effect on the date of commencement of the arbitral proceedings apply to the dispute. § 2 In derogation of Section 21 of the DIS Arbitration Rules, the venue of the arbitration tribunal shall be Frankfurt am Main, unless the parties have agreed otherwise. § 3 Supplementary to Section 6, Item 6.1 of the DIS Arbitration Rules, the claimant may also file the statement of claim with the IHK Frankfurt am Main. In such a case, the arbitration proceedings shall commence upon receipt of the statement of claim by the IHK Frankfurt am Main. § 4 The President of the IHK Frankfurt am Main shall appoint arbitrators of Sections 12, 13, 14 of the DIS Arbitration Rules. B. Arbitration Clause The IHK Frankfurt am Main advises all parties wishing to make reference to IHK Frankfurt am Main Arbitration in their contracts to use the following arbitration clause: ”All disputes arising in connection with the contract (... description of the contract ...) or its validity shall be finally settled in accordance with the Arbitration Rules of the Chamber of Industry and Commerce Frankfurt am Main (IHK Frankfurt am Main) without recourse to the ordinary courts of law.” It is recommended that the following provisions be added to the arbitration clause: - The place of arbitration is ..... (if the venue of the arbitration tribunal shall not be Frankfurt am Main); - The arbitral tribunal consists of .... (number of) arbitrators (if the arbitral tribunal shall consist of a sole arbitrator); - The substantive law of ... is applicable to the dispute (in international cases) - The language of the arbitral proceedings is ..... (in international cases) The form of an arbitration agreement under German Law is governed by § 1031 ZPO (Code of Civil Procedure). important: Arbitration agreements which a consumer must be contained in a document which has been personally signed by the parties. No agreements other than those referring to the arbitral proceedings may be contained in such a document; this shall not apply in the case of a notarial certification. |
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© IHK Frankfurt am Main 2012
