ARBITRATION RULES
(Schiedsgerichtsordnung - SchiedsGO)
of the
Center for Arbitration and Law in Sport
(Zentrum für Schiedsgerichtsbarkeit und Recht im Sport)
(hereinafter also referred to as “ZSRS”)
Preamble
According to its statutory purpose, the ZSRS as operated by the Zentrum für Schiedsgerichtsbarkeit und Recht im Sport UG (haftungsbeschränkt) with its seat in Munich (Germany) pursues, among other things, the goal of providing and administratively operating an institutional arbitration specialized in disputes relating to sport, in particular
- integrity violations in sport (such as doping, competition manipulation and cases of interpersonal violence within the meaning of the Safe Sport Code of the German Olympic Sports Confederation (Deutscher Olympischer Sportbund – DOSB)),
- general sports law disputes (e.g. in connection with sponsorship agreements, liability following sports accidents, nominations or licensing for sports competitions), as well as
- legal disputes relating to animals (especially horses).
The aim is to provide effective legal protection, based on the fundamental principles and values of sport and aimed at safeguarding the integrity of sport and protecting and enforcing the rights of all its stakeholders (including, among others, the sporting partner horse), through specialized institutional arbitration.
On the basis of these Arbitration Rules (SchiedsGO), the weaknesses of procedural law and state jurisdiction (e.g. long proceedings, insufficient expertise and training with regard to the assessment of the interests of affected parties by the adjudicating bodies, lack of assessment of animal welfare and animal protection) are to be compensated for, thereby bringing about decisions that are fair and in the interests of all parties.
The ZSRS does not decide disputes itself but provides the ZSRS.ORG platform and the present Arbitration Rules (SchiedsGO), which are subject to an ongoing evaluation process, and supports the arbitral tribunal constituted in accordance with these Arbitration Rules (SchiedsGO) and the parties in the efficient conduct of their proceedings. The Center for Arbitration and Law in Sport also provides a training and further education system that ensures that only arbitrators who are personally and professionally qualified for arbitration in general and the respective subject matter of the arbitration proceedings ("area" pursuant to A.1.4. of the Accreditation Rules (Akkreditierungsordnung – AO)) are eligible to be appointed.
The arbitral tribunal established by the ZSRS is a genuine arbitral tribunal within the meaning of Sections 1025 et seq. of the German Code of Civil Procedure (Zivilprozessordnung – ZPO), which can make final and binding decisions in the proceedings opened before it to the exclusion of state jurisdiction and in accordance with these Arbitration Rules (SchiedsGO) upon request (again) on an accelerated basis (see Section C.) and in interim relief (see Section B.).
The established arbitration tribunal is an autonomous institution that is independent of legal entities under public or private law that organize and/or promote sport (in particular sports associations) as well as authorities and sovereign decision-makers.
The ZSRS advocates the equal treatment of persons of all genders as well as diversity and gender-independent freedom of opportunity and development, which is why all forms mentioned in these Arbitration Rules (female, male, diverse, etc.) are gender-neutral. Only for reasons of simplification is the masculine form used exclusively and consistently in the linguistic presentation.
Where reference is made in these Arbitration Rules (SchiedsGO) to standards and regulations without further specification (e.g. A.1.1.), these refer to those of these Arbitration Rules. All references to standards and rules outside these Arbitration Rules are expressly identified as such by naming the respective rules (e.g. A.2. of the Rules on Expert Determination – Schiedsgutachtenordnung; SchiedsGutO).
Table of contents
Section A.General Provisions, Procedures and Decisions
1.General provisions
1.1. Core objectives of arbitration
. The core objective of the sports arbitration (Sport-schiedsgericht) established and operated by the ZSRS (hereinafter "SSG") is to enable effective legal protection in disputes relating to sport in accordance with the principles of the rule of law and to consider the specific aims set out in the Preamble. Neither the ZSRS nor the SSG decide disputes themselves. Rather, the SSG established by the ZSRS shall support the parties as well as the arbitral tribunal constituted in accordance with these Arbitration Rules (SchiedsGO; hereinafter "Arbitral Tribunal") in the efficient conduct of proceedings (so-called administration).
1.2. Scope of application of these Rules of Arbitration (SchiedsGO).
These Arbitration Rules shall apply to all disputes in which the parties have agreed that the SSG or the Arbitral Tribunal administered by the ZSRS shall have jurisdiction. The provisions of the Arbitration Rules shall apply to arbitration proceedings in the version valid at the time of commencement of the arbitration proceedings (cf. A.3.1.).
1.3. Place of the arbitration proceeding
. The parties may agree on the place of arbitration (hereinafter "Place of Arbitration"). If the parties have not agreed on a Place of Arbitration, it shall be determined by the SSG. If, for whatever reason, the Place of Arbitration is not determined by the SSG at the commencement of the arbitration proceedings (cf. A.3.1.) or if there is disagreement regarding the agreed or determined Place of Arbitration, Munich shall be deemed to be the Place of Arbitration. The Arbitral Tribunal may conduct procedural acts of any kind at a place other than the Place of Arbitration (in particular also digitally).
1.4. Duration of the arbitration proceedings.
The period from the commencement to the termination of the arbitration proceedings (cf. A.3.1.) shall generally not exceed six (6) months in accordance with these Arbitration Rules (SchiedsGO). If accelerated proceedings have been requested and initiated, the arbitration proceedings shall not exceed three (3) months (hereinafter the "Standard Duration"). The SSG shall at all times during the arbitration proceedings work towards compliance with the Standard Duration and support the constituted arbitral tribunal accordingly through efficient administration of the proceedings. If it is foreseeable that the Standard Duration will be exceeded and this is unavoidable and necessary for the purpose of reaching a decision (e.g. due to an expert opinion commissioned or the complexity of the arbitration proceedings and/or the facts in dispute), the Arbitral Tribunal shall consult with the parties at an early stage and work towards ensuring that the Standard Duration is exceeded as little as possible. Insofar as provisions to which the parties to the arbitration proceedings are bound (e.g. in the areas of Doping or Safe Sport) contain binding provisions or target provisions with regard to the duration of the proceedings, these shall (in the case of binding provisions) or should (in the case of mere target provisions) be taken into account by the SSG and the Arbitral Tribunal with regard to the duration of the arbitration proceedings.
1.5. Language of the proceeding
. The parties may agree on the language of the proceeding. If the parties have not agreed on a language, it shall be determined by the SSG. If, for whatever reason, the language of the proceedings is not determined by the SSG at the commencement of the arbitration proceedings (cf. A.3.1.) or if there is disagreement regarding the agreed or determined language of the proceedings, German shall be the language of the proceeding. When determining the language of the proceeding, the SSG shall consider which language is likely to be the most efficient for the parties and other participants in the proceedings (e.g. witnesses or experts), considering the principle of fairness, and which necessary translation costs could be incurred.
1.6. Applicable law
. The parties may agree on the law applicable to the substance of the legal dispute, whereby references to the law or legal system of a given state shall in case of doubt be understood as an exclusive reference to the (substantive) law of that state (so-called reference to substantive law). Unless the parties have agreed otherwise, the constituted Arbitral Tribunal shall apply what it considers to be the appropriate rules of law, considering any contractual agreements between the parties and any applicable rules relating to the subject matter of the arbitration (e.g. statutes and regulations of sports associations, anti-doping provisions or a Safe Sport Code). A decision based on a consideration of what is fair and equitable (ex aequo et bono) requires that the Arbitral Tribunal is authorized to do so by virtue of this Arbitration Rules (SchiedsGO) or that the parties agree to a decision ex aequo et bono by the time a (partial) final arbitral award is rendered (cf. A.4.1.).
1.7. General principles of procedure
. The Arbitral Tribunal shall treat all parties equally within the framework of fair trials in accordance with the rule of law, grant them the right to be heard and apply the mandatory provisions applicable to the pending proceedings under the law of the Place of Arbitration in addition to these Rules of Arbitration. Insofar as these Arbitration Rules (SchiedsGO) do not contain any provisions and the parties have not agreed otherwise, the Arbitral Tribunal shall lay down the rules of procedure at its sole discretion after hearing the parties. The Arbitral Tribunal shall determine the facts of the case and shall not be bound by the requests of the parties and the findings in the decisions preceding the arbitration proceedings (cf. A.3.2.3.) with regard to the determination of facts and the taking of evidence. It may in particular examine witnesses or hear experts and take evidence in any other manner. Witnesses shall not include arbitrators appointed in previous arbitration proceedings insofar as facts are concerned which were disclosed to them by a party during the arbitration proceedings.
The Arbitral Tribunal as well as the parties are required to conduct the arbitration proceedings efficiently with particular regard to the core objectives set out in A.1.1 and the provisions of A.1.4. This includes, inter alia, that an extension of time limits in accordance with these Arbitration Rules (SchiedsGO) shall only be granted in justified individual cases and, if in the opinion of the Arbitral Tribunal, only upon submission of evidence. In addition, the Arbitral Tribunal shall seek an amicable settlement of the dispute or individual points in dispute (e.g. concerning a disputed horse) at the early arbitration hearing pursuant to A.3.9. as well as in every phase of the arbitration proceedings and shall decide at its reasonable discretion which measures to increase efficiency (cf. A.3.9.) are reasonable and necessary for the arbitration proceedings.
1.8. Special procedural principles.
If all parties agree, the Arbitral Tribunal may, at the request of a party, consolidate several arbitration proceedings pending before the SSG into the arbitration proceedings commenced first (cf. A.3.1.). The provisions on the extension of arbitration proceedings pursuant to A.3.8. shall remain unaffected. If claims in the arbitration proceedings are based on legal relationships that are based on more than one arbitration agreement, a consolidation of several arbitration proceedings is only admissible if
- the parties expressly agree and
- the SSG or, after constitution, the Arbitration Tribunal determines the compatibility of the arbitration agreements.
If the compatibility of the arbitration agreements under lit. (b) is rejected (e.g. in the event of deviations with regard to the applicable law or the language of the proceedings), the SSG may refuse to constitute the Arbitral Tribunal or to include the dispute based on the arbitration agreement concluded at a later date in the arbitration proceedings. The parties are free to agree to initiate further arbitration proceedings or to conclude a new compatible arbitration agreement.
Claims of more than one party or against more than one party may be decided jointly in arbitration proceedings if
- all parties have agreed to this in an arbitration agreement or
- the other party/parties join the arbitration agreement with the consent of the parties to the arbitration agreement.
If there is a dispute about the content and scope of the present arbitration agreement(s) or a follow-up declaration, the Arbitral Tribunal shall decide on these at its own discretion. The decision of the Arbitral Tribunal shall be final and binding.
1.9. Confidentiality.
Unless the parties have agreed otherwise, or disclosure is necessary for the fulfillment of legal, constitutional, human rights, or associational and/or official obligations and/or for the enforcement or annulment of an arbitral award, all information obtained in connection with the arbitration proceedings (including the names of parties and witnesses, the subject matter of the proceedings, but also the circumstances of the commencement of the arbitration proceedings) and documents shall be treated confidentially. The publication of an arbitral award is excluded unless the parties have given their consent in writing or in text form (cf. § 126b of the German Civil Code – Bürgerliches Gesetzbuch; BGB). The reasons for decisions of the Appointing Committee (cf. F.1.) shall always remain confidential, irrespective of any request by the parties. The same applies to the activities of the Appointing Committee and the Advisory Committee (cf. F.2.), unless disclosure is necessary in accordance with sentence 1.
1.10. Liability.
Arbitrators shall only be liable with regard to the decision-making in arbitration proceedings of the SSG to the extent that they can be charged with an intentional breach of duty. Arbitrators (the same applies to bodies or employees of the Center for Arbitration and Law in Sport or SSG and other persons involved on the basis of these Arbitration Rules (SchiedsGO) shall only be liable for other acts or omissions to the extent that they can be charged with an intentional or grossly negligent breach of duty.
1.11. Statistics and publications.
The parties are aware and acknowledge that the SSG archives the content of the files of the arbitration proceedings (e.g. regarding expert findings) in anonymized or pseudonymized form for the purpose of statistical analysis and may also make them the subject of its own publications or those of external third parties, to the extent necessary in compliance with applicable data protection law and/or personal rights provisions. The production of statistics and publications serves and is subject to the achievement of the core objectives of the SSG (cf. Preamble and A.1.1.).
1.12. Data protection.
The ZSRS takes the protection of the personal data of all parties very seriously. All personal data required for the purpose of fulfilling the objectives set out in the Preamble and A.1.1. as well as the administration and conduct of arbitration proceedings, i.e. data relating to an identified or identifiable natural person (cf. Art. 4 No. 1 General Data Protection Regulation – GDPR), will therefore always and exclusively be used, stored, transmitted and modified in strict compliance with the provisions of the GDPR and the Federal Data Protection Act (BDSG). Personal data will only be processed if this can be based on a legal basis in accordance with Art. 1 Para. 1 lit. a) to f) GDPR and, in the case of Art. 1 Para. 1 lit. f) GDPR (necessity to safeguard legitimate interests), there is no reason to assume that the (legitimate) interests or fundamental rights and freedoms of the data subject outweigh the exclusion of processing. Personal data shall only be processed for specific purposes and shall be protected against access by third parties at all times by means of suitable technical and organizational measures (TOMs). The ZSRS has issued a Data Protection Policy with the aim of transparently explaining the purposes of data processing, the TOMs, the type and scope of processing and disclosure of personal data, the use of information technology (IT), the identity of the data controller(s) (cf. Art. 4 No. 7 GDPR) and the rights of data subjects to information, correction, restriction of processing or blocking and deletion (cf. Art. 15 et seq. GDPR). The current version of the Data Protection Policy is available at https://zsrs.org and is binding for all parties involved in arbitration proceedings (including the SSG).
2. Arbitral Tribunal
2.1. Essential principles
. When appointing arbitrators, the parties are bound by the List of Arbitrators of the SSG (“Schiedsrichter-Liste”; hereinafter also "SRL"; cf. A.1. of the Accreditation Rules (Akkreditierungsordnung – AO) available at https://zsrs.org in the respective applicable version). The parties are free to select arbitrators within the SRL, provided it is ensured with regard to the appointed arbitrators that they
- are available for the duration of the entire arbitration proceedings (cf. A.1.4.),
- are independent and impartial (cf. A.2.9.),
- have the qualification required under A.2.8,
- fulfill any additional requirements agreed by the parties, and
- are not incompatible according to A.2.10.
If a person is appointed as arbitrator, he shall perform his duties to the best of his knowledge and belief. The SRL shall be notified to the parties by the SSG in the version applicable at the relevant time of the selection of the arbitrator(s), provided that they are accredited with regard to the subject matter of the dispute and can therefore be appointed for the arbitration (cf. A.1.4. of the Accreditation Rules (Akkreditierungsordnung – AO)). If the appointment is made in interim relief proceedings pursuant to Section B., the provisions of B.2. sentence 9 shall apply.
2.2. Number of arbitrators.
The number of arbitrators in SSG arbitration proceedings shall be determined in accordance with the parties' arbitration agreement and the following provisions:
2.2.1 General provisions on the number of arbitrators: The parties may agree that the Arbitral Tribunal shall consist of one (1) arbitrator (hereinafter "Sole Arbitrator") or three (3) arbitrators (hereinafter "Arbitral Chamber"). If the parties have not agreed on a decision by an Arbitral Tribunal consisting of three (3) arbitrators, the arbitral tribunal shall generally decide in arbitration proceedings of the SSG by a Sole Arbitrator. If the parties have agreed that the Arbitral Tribunal shall be composed of three (3) arbitrators, the SSG may order a transfer to a Sole Arbitrator at the commencement of the arbitration proceedings, but no later than upon service of the request for arbitration (hereinafter “Request for Arbitration” or “Request”) on the Respondent(s), provided that the SSG considers that the case does not present any particular difficulties of a factual or legal nature and is not of fundamental importance (hereinafter "Sole Arbitrator Transfer"). A Sole Arbitrator Transfer shall be made for the purpose of ensuring efficiency and compliance with the Standard Duration (cf. A.1.4.), provided that the conduct of interim relief proceedings pursuant to Section C. has been agreed. The effectiveness of a Sole Arbitrator Transfer requires that the SSG has reasoned its decision (cf. sentence 3) and none of the parties has objected within a reasonable deadline set by the SSG.
2.2.2Special provisions in case of an Award by Consent prior to the constitution of the Arbitral Tribunal. In deviation from A.2.2.1, the Arbitral Tribunal shall decide by a Sole Arbitrator nominated and appointed by the Appointing Committee at its own discretion, provided that
- the Arbitral Tribunal has not yet been constituted, and
- the parties apply for a settlement in the form of an Award by Consent (see A.4.8.1.).
- Special provisions for the Area of Doping. Notwithstanding A.2.2.1 sentence 2, the Arbitral Tribunal shall decide in arbitration proceedings in the Area of Doping (cf. A.1.4. of the Accreditation Regulations (Akkreditierungsordnung – AO)) by an Arbitral Chamber composed of three (3) arbitrators, provided that the party to the doping proceeding who is a natural person (e.g. athlete or coach) requests this in writing or text form (§ 126b BGB). A.2.2.1 sentence 3 shall not apply in arbitration proceedings whose subject matter concerns the Area of Doping.
2.2.4Special provisions for the Area of Safe Sport. Notwithstanding A.2.2.1 sentence 2, the Arbitral Tribunal shall decide in arbitration proceedings in the Area of Safe Sport (cf. A.1.4. of the Accreditation Regulations (Akkreditierungsordnung – AO)) by an Arbitral Chamber comprised of three (3) arbitrators, provided that
- the subject matter of the arbitration does not relate solely to a breach of the reporting obligation (cf., for example, Article 6 of the DOSB Safe Sport Code), and
- the party concerned within the meaning of the applicable Safe Sport Code applies to SSG in writing or text form (§ 126b BGB).
A.2.2.1 sentence 3 shall not apply in arbitration proceedings whose subject matter concerns the Area of Safe Sport.
2.3. General principles for the nomination and appointment of arbitrators
. All arbitrators shall be appointed by the Appointing Committee (cf. F.1.). This shall also apply if an arbitrator has been nominated by a party or the co-arbitrators (see A.2.6.) or if the arbitrator has to decide as a member of an Urgent Arbitral Tribunal pursuant to Section B.2. Any person to be appointed as arbitrator shall notify the SSG immediately in text form (§ 126b BGB) whether he accepts the office of arbitrator. The declaration of acceptance of an appointment shall include the confirmation that the essential principles set out in A.2.1. can be fulfilled. If there are facts or circumstances which, when viewed objectively, could reasonably give rise to doubts on the part of the parties as to the impartiality, independence or performance of office, these shall be disclosed without delay and submitted to the parties for comment by the SSG within a reasonable deadline. The same shall apply with respect to facts or circumstances that arise and become or should have become apparent to the arbitrator in the period between the appointment as arbitrator and the termination of the arbitration proceeding.
2.4. Constitution of the Arbitral Tribunal
. The Arbitral Tribunal shall be deemed constituted and take over the conduct of the proceedings as soon as the required number of arbitrators provided for the proceeding has been appointed in accordance with A.2.2. The SSG shall immediately notify the appointed arbitrators and the parties of the constitution. The information shall be provided in accordance with the provisions of A.3.2.1 sentences 6 to 8.The Appointing Committee may postpone the constitution of the Arbitral Tribunal or the appointment of individual arbitrators as long as the costs to be paid in accordance with Section E. have not been paid in full. Notwithstanding sentence 1, an already constituted (permanent) Arbitral Tribunal shall be established as an Urgent Arbitral Tribunal (cf. B.2. sentence 3 et seq.) for proceedings for interim relief in accordance with Section B.2. The appointment of the arbitrators of the Urgent Arbitral Tribunal shall be made in advance for a period of at least fourteen (14) days by the Appointing Committee, whereby the SSG shall be obliged to disclose the composition of the Urgent Arbitral Tribunal for at least two (2) days in advance by means of a schedule available at https://zsrs.org (hereinafter "Schedule of the Arbitration Standby Service "; cf. Section B.2. sentence 3).
2.5. Appointment of the sole arbitrators.
The appointment of Sole Arbitrators (cf. A.2.2.1 sentence 1) shall be made by the Appointing Committee in accordance with the following provisions:
- General provisions. If the Arbitral Tribunal consists of a Sole Arbitrator, the parties may jointly nominate such arbitrator from the list of arbitrators (“Schiedsrichter-Liste”; hereinafter also "SRL") within a reasonable deadline set by the SSG, considering the arbitrator’s Eligibility required for the arbitration proceeding (cf. A.2.8.). If such a nomination is made, the parties shall be bound upon receipt of the declaration by the SSG. If no such nomination is made, the Sole Arbitrator shall be nominated by the Appointing Committee at its own discretion, considering the arbitrator’s Eligibility required for the arbitration proceeding, and appointed in accordance with A.2.3.
- Special provisions for the Area of Doping. Notwithstanding A.2.5.1., the person accused of an anti-doping rule violation (e.g. the Anti-Doping Code of a sports federation) shall be entitled to nominate an arbitrator from the SRL within a reasonable deadline set by the SSG, considering the fulfillment of the required Eligibility for the arbitration proceedings (cf. A.2.8.; hereinafter "Nomination Proposal"). The other party/parties shall then have the right to raise objections to the Nomination Proposal within a reasonable deadline set by the SSG. The objections must be based on reasons that justify the recusal of the nominated arbitrator due to a fear of bias pursuant to A.2.9. or incompatibility pursuant to A.2.10. If no objections are submitted to the SSG within the set deadline, the Nomination Proposal shall be confirmed by the Appointing Committee. If objections are submitted to the SSG, the Advisory Board (cf. F.2. lit. (a)) shall decide on the admissibility of the objections and inform the Appointing Committee within a period of seven (7) days whether (i) the nomination proposal is to be confirmed or (ii) the Sole Arbitrator is to be selected by the Appointing Committee from the SRL at its own discretion and appointed pursuant to A.2.3. A.2.5.1. sentence 3 shall apply mutatis mutandis in arbitration proceedings whose subject matter concerns the Area of Doping. The above provisions shall also apply accordingly if a Substitute Arbitrator is to be nominated and appointed in accordance with A.2.12
2.6. Composition and Appointment of the Arbitral Chamber.
An Arbitral Chamber according to A.2.2.1 sentence 1 (this also applies to Urgent Arbitral Chambers pursuant to section B.2.) in arbitration proceedings before the SSG shall be comprised of:
- one (1) presiding arbitrator (cf. sentence 6), and
- two (2) co-arbitrators (cf. sentence 2 et seq.).
If the Arbitral Tribunal decides with these three (3) arbitrators as Arbitral Chamber, the parties may each nominate one co-arbitrator (see lit. (b)) within a reasonable deadline set by the SSG, considering the arbitrator’s Eligibility required for the arbitration proceeding (cf. A.2.8.). A.2.5.1 sentence 2 shall apply mutatis mutandis to the party nominating a co-arbitrator. If such nomination is not made by one or both parties, the respective co-arbitrator shall be selected from the SRL (cf. A.2.5.1) at the discretion of the Appointing Committee, considering the arbitrator’s Eligibility required for the arbitration proceeding (cf. A.2.8.), and appointed in accordance with A.2.3. Sentence 4 shall apply accordingly in the case of the appointment of a Substitute Arbitrator pursuant to A.2.12. The two (2) co-arbitrators shall then (at their own discretion in consultation with the parties) appoint the third arbitrator as presiding arbitrator of the Arbitral Chamber (see lit. (a); hereinafter “Chairman”) within a reasonable deadline set by the SSG. If no such nomination is made, the Chairman shall be selected by the Appointing Committee at its own discretion from the SRL (cf. A.2.5.1) and appointed in accordance with A.2.3., considering the qualifications required for the chairmanship of an Arbitral Chamber (cf. A.2.8.).
If claims by or against more than one party are negotiated in the arbitration proceedings pursuant to A.1.8. sentence 6, the co-arbitrators shall, in deviation from sentence 2, in each case be appointed jointly by the respective majority of the parties on the arbitration claimant's or arbitration respondent's side (arbitration claimant and arbitration respondent hereinafter “Claimant” and “Respondent”. If no such joint appointment is made, sentence 4 shall apply accordingly. Sentences 4 and 5 shall apply mutatis mutandis to the appointment of the Chairman. If a case of an Extension of Arbitral Proceeding pursuant to A.3.8. occurs, a party additionally involved in the arbitral proceeding may nominate an arbitrator only jointly with the claimant or respondent side. If such nomination is not made in accordance with these Arbitration Rules (SchiedsGO), the Appointing Committee shall decide at its own discretion, considering the respective arbitrator’s Eligibility required for the arbitration proceeding (cf. A.2.8.).
If the parties nominate persons from the SRL (cf. A.2.5.1) whose qualification for appointment as arbitrator is derived from A.2.8. lit. (c), the SSG shall weigh the advantages and disadvantages of the appointment of the nominated arbitrator(s) for the specific case and determine that the Arbitral Tribunal has the necessary expertise in the event of the appointment. If, in the opinion of the SSG, this is not the case, the Appointing Committee shall be entitled, at the request of the SSG and after its own examination of the case, to invite the parties to appoint another arbitrator who meets the requirements of A.2.8. lit. (b) and, if the set deadline expires without result, to appoint at its own discretion an arbitrator replacing the initially nominated arbitrator who is suitably qualified for the arbitration proceeding. The parties and the initially appointed arbitrator shall have no right of objection.
2.7. Appointment of Arbitrators when the Arbitral Tribunal is constituted as a Grand Arbitral Chamber.
If the Arbitral Tribunal has to decide as an Arbitral Chamber in accordance with A.2.6., the parties may, within a reasonable deadline set by the SSG, under the conditions of sentence 4
- decide that the Arbitral Tribunal shall decide in the composition of three (3) arbitrators with the accreditation degree SR (Schiedsrichter) 1 (cf. A.2.8. lit. (b); hereinafter “Grand Arbitral Chamber”), and
- each appoint one (1) co-arbitrator with the respective Eligibility (cf. A.2.8.).
If a nomination pursuant to lit. (b) is not made by one or both parties, the respective co-arbitrator shall be selected by the Appointing Committee at its own discretion from the SRL (cf. A.2.5.1) and appointed pursuant to A.2.3, considering the respective arbitrator’s Eligibility required for the arbitration proceeding (cf. A.2.8.). In all other respects, A.2.6. sentence 5 et seq. shall apply accordingly. The constitution of the Arbitral Tribunal as a Grand Arbitral Chamber is generally reserved for proceedings with an Arbitration Cost Value (cf. E.1.1.) of at least EUR 100,000.00. Otherwise, the constitution as a Grand Arbitral Chamber is excluded unless the Appointing Committee, in consultation with or at the proposal of the SSG, determines in individual cases at the request of the parties that the proceeding is of particular complexity or fundamental importance. The decision rejecting a particular complexity or fundamental importance is incontestable and requires no justification. Subject to the conditions set out in sentence 5, the SSG shall be entitled to allow the Appointing Committee to appoint the Arbitral Tribunal as a Grand Arbitral Chamber even without an application by the parties. The prerequisite for this is that the SSG declares to the Appointing Committee as well as to the parties that the appointment of the Arbitral Tribunal as a Grand Arbitral Chamber will not be associated with any negative cost consequences for the parties in comparison to an appointment as an Arbitral Chamber pursuant to A.2.6.
2.8. Eligibility for appointment as arbitrator.
The qualification to be appointed and act as arbitrator in arbitration proceedings of the SSG (hereinafter “Eligibility”) shall be determined in accordance with the following provisions:
- General requirements for qualification to be appointed as arbitrator. Notwithstanding the agreed composition of the Arbitral Tribunal (cf. A.2.5. to A.2.7.) and the special provisions in A.2.8.2 and A.2.8.3, the appointment as an arbitrator of the SSG requires a valid accreditation at grade (Arbitrator; Schiedsrichter – SR) 1 or 2 in accordance with A.3.2.1 or A.3.2.2 of the Accreditation Rules (Akkreditierungsordnung – AO). The activity as arbitrator also requires that the valid accreditation covers the Area within the meaning of A.1.4. of the Accreditation Rules (Akkreditierungsordnung – AO) to which the subject matter of the arbitration proceeding relates. The decision on the assignment of the subject matter of the arbitration proceeding to a specific Area shall be the responsibility of the Appointing Committee and shall be final and binding.
2.8.2 Special provisions for Arbitral Chambers. Notwithstanding A.2.8.1 sentence 1 and without prejudice to the provisions in A.2.8.3, if the Arbitral Tribunal is constituted as an Arbitral Chamber pursuant to A.2.6, the activity as a co-arbitrator requires a valid accreditation at grade (SR) 1, 2 or 3 in accordance with the Accreditation Rules (Akkreditierungsordnung – AO; cf. A.3.2. AO).
2.8.3Special requirements for acting as Sole Arbitrator, Chairman of an Arbitral Chamber or co-arbitrator if the Arbitral Tribunal is constituted as a Grand Chamber of Arbitration. By way of derogation from A.2.8.1 sentence 1, acting as Sole Arbitrator, Chairperson of an Arbitral Chamber or co-arbitrator when the Arbitral Tribunal is constituted as a Grand Chamber of Arbitration (cf. A.2.7.) requires accreditation at the level of degree (SR) 1 level pursuant to A.3.2.1 of the Accreditation Rules (Akkreditierungsordnung – AO) as proof of special professional and arbitral expertise.
2.9. Recusal of arbitrators for fear of bias.
The parties may apply to the SSG to recuse an arbitrator for fear of bias if, in their opinion, a nominated or already appointed arbitrator does not or no longer meets the requirements specified in A.2.3. The application must be substantiated and submitted to the SSG within one (1) week, beginning with the point in time at which the circumstances giving rise to the fear of bias became known or should have become known (this time must be substantiated). The SSG shall immediately forward the application to all parties involved in the proceedings (including the recused arbitrator) and request them to comment within a reasonable deadline. The SSG shall also forward all comments received to the parties to the proceeding as well as to the Advisory Board (cf. F.2.), which shall make a final and incontestable decision on the application for recusal of the arbitrator for fear of bias within a period of no more than one (1) week. To the extent deemed necessary by the Arbitral Tribunal to ensure the efficiency of the arbitration proceeding, the arbitration proceeding may be continued until the decision of the Advisory Board. If the Advisory Board decides that an arbitrator is to be recused for fear of bias, the arbitrator's office in the ongoing proceeding shall end on the date of the notification of this decision (cf. A.1.7.). E.1.2. sentence 8 et seq. shall apply with regard to the fee claim of the arbitrator recused as biased.
2.10. Incompatibility for the appointment as arbitrator.
In order to strengthen confidence in the SSG, to ensure the independence and impartiality of the arbitrators (cf. A.2.1.) and to prevent conflicts of interest, the following restrictions (hereinafter "Incompatibilities") apply to the appointment and acting as arbitrator:
- Members of the management of the ZSRS (the same applies to senior employees of the Secretariat; cf. F.5.) and members of the Appointing Committee (cf. F.1.) may not be involved in arbitration proceedings either as arbitrator or as legal counsel of a party;
- Members of the Advisory Board (cf. F.2.) may only be involved in arbitration proceedings as arbitrator if they are appointed by the parties and no fear of bias within the meaning of A.2.9. is established by the Council of Experts pursuant to F.3. sentence 4 lit. (c);
- If fear of bias of a member of the Advisory Board (cf. F.2.) is established in relation to an arbitration proceeding, this member should also not be involved as an authorized representative or legal counsel of a party.
Membership in the Council of Experts (cf. F.3.) does not preclude an appointment as arbitrator or legal counsel of a part, however, in the event of appointment to the Council of Experts, the respective member must maintain strict confidentiality with regard to the information obtained in the respective arbitration proceeding. The same shall apply to information that a member of the Advisory Board has already obtained in relation to an arbitration proceeding up to the time of the determination of the fear of bias by the Council of Experts (cf. A.2.10. lit. (b) and F.3. sentence 2 lit. (c)). Notwithstanding sentences 1 to 3, the provisions of A.6. of the Accreditation Rules (Akkreditierungsordnung – AO) concerning the suspension, withdrawal and termination of accreditation as an arbitrator upon request shall be observed with regard to the appointment of arbitrators in arbitration proceedings. Likewise, any involvement of an arbitrator as an arbitrating expert in arbitration proceedings preceding the arbitration proceeding in accordance with the Arbitrating Expert Rules (Schiedsgutachtenordnung – SchiedsGutO) as well as the arbitrator's possible position as a witness in the arbitration proceeding must be observed.
2.11. Removal from arbitrator’s office and cancellation of an arbitrator’s appointment.
Notwithstanding the termination of an arbitrator's office by death or by mutual agreement of the parties, an arbitrator shall be entitled to request the Advisory Board to cancel his appointment as arbitrator. The Advisory Board shall, after hearing the parties and assessing the mandatory justification, make a final and incontestable decision on the application to cancel the appointment as an arbitrator. The same shall apply, irrespective of the existence of an application pursuant to A.2.9., in cases in which the Advisory Board becomes aware of information or circumstances which, in its opinion, give rise to the risk that the respective arbitrator will not (or will no longer) be able to duly perform his or her duties in accordance with these Arbitration Rules (cf. A.2.1.) for the entire duration of the proceeding and, as a result, justify the removal from the arbitrator’s office (hereinafter “Impeachment”). The Advisory Board may initiate an Impeachment proceeding ex officio. The Advisory Board is obliged to investigate the circumstances and decide on removal from an arbitrator’s office if this is applied to the SSG by a party, stating the reasons, within a period of ten (10) days after becoming aware of the circumstances that justify a risk to the proper performance of office (cf. A.2.1.). When such an application is received, the SSG shall immediately forward it to the arbitrator concerned, the other arbitrators (unless the Arbitral Tribunal is constituted as Sole Arbitrator) and the other party/parties, setting a reasonable deadline for comments.
2.12. Appointment of a Substitute Arbitrator.
If the office of an arbitrator ends prematurely in one of the cases described in A.2.9. and A.2.11., another arbitrator shall be appointed for the initially appointed arbitrator (hereinafter “Substitute Arbitrator”). This shall, however, not apply if the Arbitral Tribunal is constituted as an Arbitral Chamber (cf. A.2.6.), provided that (i) the parties agree in the individual case to continue the proceeding with the arbitrators remaining in office or with one of the arbitrators remaining in office (as a rule the Chairman) as Sole Arbitrator and (ii) the continuation of the proceeding is determined by the SSG at the request of one of the parties. The provisions on the nomination and appointment of arbitrators (cf. A.2.5.) shall apply mutatis mutandis to the nomination and appointment of Substitute Arbitrators. If a Substitute Arbitrator has been appointed or if the proceeding is continued in accordance with sentence 2, procedural steps performed shall only be repeated if and to the extent that
- this is expressly agreed by the parties or
- the Arbitral Tribunal considers this to be necessary at its own discretion after hearing the parties and making an informed assessment of the circumstances of the individual case.
In the case of lit. (b), the reasons that led to the Arbitral Tribunal's decision shall be set out in the award (cf. A.4.1.).
3. Arbitration proceeding
3.1. Commencement and termination of the arbitration proceedings.
The arbitration proceedings shall commence upon receipt by the SSG of a Request for Arbitration with the Mandatory Content pursuant to A.3.3. Subject to the occurrence of one of the events of termination described below, the arbitration shall terminate with the delivery of the Final Award (see A.4.1. and A.4.7.). The arbitration proceeding may be terminated pursuant to A.4.8.1 (Award by Consent) on the basis of an agreement of the parties prior to the rendering of the Final Award by order of the Arbitral Tribunal. The same shall apply after hearing the parties if
- the parties do not pursue the arbitration proceeding despite being requested,
- a request for termination by a party is not objected within the deadline set by the Arbitral Tribunal for comment, or
- the Arbitral Tribunal rejects the objection of a party in advance due to a lack of legitimate interest.
If the Arbitral Tribunal has not yet been constituted (cf. A.2.4.), the Advisory Board shall be entitled to terminate the arbitration proceeding at its reasonable discretion under the aforementioned prerequisites and if
- the constitution of the Arbitral Tribunal in accordance with these Arbitration Rules (SchiedsGO) is impossible or
- the arbitration costs and advance payments to be paid in accordance with Section E. have not been paid in full even after a second reminder with a reasonable deadline set by the SSG (cf. A.2.4.).
Alternatively, the arbitration proceeding may be suspended in this case at the request of the SSG. If the Arbitral Tribunal has already been constituted (cf. A.2.4.) and a continuation of the arbitration proceeding is impossible (cf. A.4.2. sentence 3), the arbitration proceeding shall be terminated by a final and incontestable decision of the Advisory Board. The right of a party to reassert the pending rights remains unaffected.
3.2. Procedural correspondence, deadlines and procedural orders
3.2.1Transmission and access to procedural correspondence. All procedural correspondence shall be submitted to the SSG for the purpose of keeping electronic files (e-files) in a readable, common file format (preferably as PDF). If transmission is impossible or impracticable in individual cases (e.g. due to the size or format of the file), the SSG may permit transmission in another form (e.g. paper form) in whole or in part. A.3.2.2 shall apply to the filing of Requests for Arbitration.In all other respects, the form of transmission of procedural correspondence between the parties and to the Arbitral Tribunal shall be determined by the Arbitral Tribunal at the commencement of the arbitration proceeding. The Arbitral Tribunal shall give reasons for any changes thereto and notify the parties thereof without undue delay. In principle, procedural correspondence shall be submitted exclusively electronically via the digital portal https://eu.kleosapp.com/ (hereinafter "Portal"). As long as parties or authorized legal counsel (e.g. when participating for the first time in an arbitration administered by the SSG) do not have access to the Portal, procedural correspondence may also be submitted via ssg@zsrs.org. The SSG may, without being obliged to provide reasons, order that procedural correspondence in individual cases or in relation to the entire arbitration proceeding shall be sent alternatively or additionally to the electronic address (e.g. e-mail) provided by the parties or authorized legal counsels and the arbitrators. If procedural correspondence is to be transmitted in paper form, a means of transmission must be chosen that allows for secure proof of receipt (e.g. registered letter). For the receipt of procedural correspondence, § 130 et seq. BGB shall apply to the receipt of procedural correspondence, with the proviso that, in the event of refusal or otherwise failed receipt, it shall be deemed received at the end of the third (3) day following the day of dispatch. The transmission of procedural correspondence (e.g. the Request for Arbitration or a Counterclaim for Arbitration) may be subject to the payment of an advance on arbitration costs. The provisions of E.1 shall apply. If a party has indicated representation by legal counsel, procedural correspondence may be effectively served exclusively on that counsel for the entire duration of the representation. If a third party is a party to the proceedings pursuant to provisions binding on the parties (e.g. by statute or contract and e.g. NADA in doping proceedings; see A.3.8.2.), the SSG shall forward the procedural correspondence to that party upon request or, if required under these Arbitration Rules (SchiedsGO), grant access to the e-file. The arbitration files of the SSG shall remain freely accessible for inspection by the parties to the proceedings for a period of six (6) months after the closure of the arbitration file pursuant to A.4.11. The arbitration files may also be inspected after expiry of the aforementioned period upon request, provided that a legitimate interest can be demonstrated to the SSG and the file inspection fee charged by the SSG to the applicant in accordance with the version of the Cost Rules (Kostenordnung – KostO) of the ZSRS applicable at the time of the commencement of the arbitration proceeding has been paid. Further details on the management of the SSG's arbitration files can be found in the Digital Guidelines available at https://zsrs.org.
3.2.2Form of Requests for Arbitration and Counterclaims for Arbitration. A.3.2.1 applies accordingly to Request for Arbitration. However, the SSG may order in individual cases that, in addition to the form specified in A.3.2.1, the Request for Arbitration must be signed by hand and submitted in paper form and/or in a number corresponding to the number of parties. If a third party is a party to the proceedings pursuant to provisions binding on the parties (e.g. by statute or contract) without being a party itself (e.g. NADA in doping proceedings), this third party shall also be included in the determination of the required number. Sentences 1 and 2 shall apply mutatis mutandis to Counterclaims for Arbitration and extensions of Requests for Arbitration pursuant to A.3.7., unless the Arbitral Tribunal is already constituted and has made a deviating provision on the form of transmission of procedural correspondence pursuant to A.3.2.1. If the SSG deems it necessary and/or expedient (e.g. for the purpose of visual evidence), it may at any time determine that attachments – individually or as a whole – are also to be transmitted in paper form.
3.2.3Deadline for filing and substantiating a Request for Arbitration as a legal remedy. If a Request for Arbitration seeks the review (appeal) of a decision (e.g. the judgment of a sports tribunal), it must be filed with the SSG within a statutory period of fourteen (14) days or the deadline specified in the rules and regulations on which the decision is based (e.g. the legal regulations of a sports federation) or a party agreement (e.g. a contract; in each case if longer than fourteen (14) days) after receipt of the decision (e.g. judgement of a sports tribunal) by the Claimant (the Request for Arbitration within the meaning defined above hereinafter also "Notice of Appeal"). The Notice of Appeal shall, subject to sentence 4, be substantiated within a further deadline of fourteen (14) days after the expiry of the period referred to in sentence 1 (hereinafter "Grounds of Appeal"). A.3.2.1. sentence 6 shall apply mutatis mutandis. By way of exception, the Grounds of Appeal must be submitted within the deadline specified in sentence 1 if this is stipulated in the regulations on which the decision to be reviewed is based or in a party agreement.
3.2.4Procedural orders. The Arbitral Tribunal shall have sole responsibility for directing the course of the arbitration proceedings (e.g. by setting deadlines for procedural correspondence or summons to a hearing; hereinafter “Procedural Orders”). A.3.2.1. and A.3.2.5. shall apply accordingly to Procedural Orders.
3.2.5Preclusion, deadlines, missed deadlines and restoration of the status quo ante. A party shall be precluded from objecting to a violation by another party of the provisions of these Arbitration Rules (SchiedsGO) or of an order of the Arbitral Tribunal unless such violation is notified to the Arbitral Tribunal without undue (culpable) delay after it has become known (in this context, grossly negligent lack of knowledge shall be deemed equivalent to knowledge). If a complaint relates to the lack of jurisdiction of the SSG, it shall be submitted at the latest with the Statement of Defense (cf. A.3.4.). For deadlines in accordance with these Arbitration Rules (SchiedsGO), §§ 187 et seq. BGB shall apply. If a party has missed a deadline pursuant to these Arbitration Rules (SchiedsGO) or an order of the Arbitral Tribunal, the party shall, upon request, be granted restoration of the status quo ante (hereinafter "Restoration"), provided that
- the defaulting party can demonstrate an allegation to the satisfaction of the Arbitral Tribunal that it was unable to meet the deadline due to circumstances (impediment) for which it is not responsible,
- the application is submitted within one (1) week after the impediment has ceased, and
- the Arbitral Tribunal does not, in exceptional cases, determine the exclusion of the Restoration for good cause (e.g. animal welfare considerations in disputes concerning horses).
Restoration is excluded in the case of statutory deadlines as well as in the case of a late complaint of lack of jurisdiction of the SSG. In accelerated proceedings in accordance with Section C., Restoration shall only be granted if this does not disproportionately or unreasonably affect the duration of the proceeding (cf. A.1.4.). Time limits set by the SSG may be extended at the discretion of the SSG, taking particular account of the provisions on the standard duration of arbitration proceedings pursuant to A.1.4.
3.3.Request for Arbitration. The Request for Arbitration initiating the arbitration proceedings (see A.3.1.) shall be submitted to the SSG in the form of A.3.2.1. and A.3.2.2. with the following content:
- the names and addresses of the parties (cf. A.3.2.1.),
- a specific statement of the subject matter and grounds for filing the claim (hereinafter "Ground for Arbitration"),
- a precisely specified petition.
The Request for Arbitration shall be accompanied by the arbitration agreement concluded between the parties or the contractual or statutory clause from which the jurisdiction of the SSG arises (hereinafter together with lit. (a) to (c) "Mandatory Content"). The Request for Arbitration shall also contain:
- the name of the authorized representative or legal counsel,
- an estimate of the value of the subject matter of the arbitration proceeding, and
- the nomination of an arbitrator in the cases of A.2.5. and A.2.6.
If the arbitration agreement is wholly or partially silent with respect to A.1.3. to A.1.7. or if the Claimant subsequently requests changes, information or suggestions may be included in the Request for Arbitration. If the Mandatory Content of the Request for Arbitration is not included or if, in the opinion of the SSG, optional information is required (e.g. with regard to the value of the subject matter for the purpose of determining the arbitration costs pursuant to Section E. or determining the valid accreditation (eligibility) of an arbitrator pursuant to the Accreditation Rules (Akkreditierungsordnung – AO), the SSG may set the Claimant a reasonable deadline for rectification. The SSG shall serve the Request for Arbitration, including annexes, on the Respondent (or, if representation has already been notified, on the authorized representative or legal counsel) as soon as
- the SSG has determined the formal completeness of the Request for Arbitration (in the event of necessary rectification in compliance with the deadline set) in accordance with the above provisions and
- the Claimant has paid the arbitration costs in full at the request of the SSG in accordance with Section E.
If the Request for Arbitration seeks a review of a decision, i.e. arbitration proceedings as an appeal instance (see A.3.2.3), the Request for Arbitration must contain the following in addition to the Mandatory Content:
- a copy of the contested decision,
- sufficiently specific information (e.g. by providing hyperlinks) on how to find referenced regulations (if regulations are not (freely) accessible, they must be attached in a common file format (preferably as a PDF)), and
- presentation and proof of mandatory exhaustion of legal remedies prior to the arbitration proceeding (e.g. by way of internal appeal procedures)
(hereinafter "Extended Mandatory Content"). Sentence 5 shall apply mutatis mutandis with respect to the Extended Mandatory Content subject to the proviso that a rectification can only be made until the expiry of the deadline for the Grounds of Appeal pursuant to A.3.2.3 sentence 2, i.e. within 28 days after receipt of the Request for Arbitration. If no or only an incomplete rectification with regard to the Mandatory Content is made within the deadline, the SSG shall declare the arbitration proceeding terminated and notify the Claimant accordingly. If no or only an incomplete rectification with regard to the Extended Mandatory Content pursuant to sentence 7 is made within the deadline, the SSG may, at its reasonable discretion, declare the arbitration proceeding terminated and notify the Claimant accordingly. The decisions of the SSG pursuant to this clause A.3.3. are final and binding.
3.4.Notice of Defense and Statement of Defense. Upon receipt of the Request for Arbitration (in the case of a Notice of Appeal within the meaning of A.3.2.3 the Grounds of Appeal), the Respondent shall notify the SSG within an statutory period of ten (10) days whether he acknowledges the claim asserted in the Request for Arbitration (in the case of a Notice of Appeal pursuant to A.3.2.3 seeking to set aside or amend the challenged decision) or whether he intends to defend himself by filing a Statement of Defense (hereinafter "Notice of Defense"). The Notice of Defense shall include the nomination of an arbitrator, if this is provided for in these Arbitration Rules (SchiedsGO; cf. A.2.5. and A.2.6.). If (i) the arbitration agreement with respect to A.1.3. to A.1.7. does not contain any or complete information, (ii) the Claimant has requested amendments thereto by filing a Request for Arbitration (cf. A.3.3. sentence 4) or (iii) the respondent subsequently requests amendments, the statement on the Claimant's request and information or suggestions on the Respondent's own request may be included in the Statement of Defense. If the Respondent has submitted a Notice of Defense in due form and time, an answer to the Request for Arbitration (hereinafter "Statement of Defense") in the form of A.3.2.1 and with the following content shall be submitted to the SSG within a further deadline of fourteen (14) days, beginning with the expiry of the statutory period specified in sentence 1:
- the names and addresses of the parties (including any authorized representatives or legal counsel),
- the facts and circumstances on which the Statement of Defense is based, and
- a precisely specified petition.
The Statement of Defense shall also contain any objections to the arbitration agreement and the value of the subject matter of the arbitration proceeding. The Respondent shall be entitled to include the full content referred to in sentence 4 in the Statement of Defense and to declare within the deadline (cf. sentence 4) that the Notice of Defense shall be deemed the Statement of Defense.
3.5.Counterclaim for Arbitration. If the Respondent intends to file a Counterclaim for Arbitration, it shall be submitted to the SSG together with the Statement of Defense in order to ensure the efficiency of the arbitration proceeding and to avoid exceeding the Standard Duration (cf. A.1.4.). The SSG shall serve the Counterclaim for Arbitration, including the annexes, on the Claimant (or, if representation has already been notified, on the authorized representative or legal counsel),
- unless the party filing the Counterclaim for Arbitration (hereinafter “Counterclaimant”) has served it directly on the Claimant and the Arbitral Tribunal during the arbitration proceeding,
- as soon as the SSG has determined the formal completeness of the Counterclaim for Arbitration (in the event of necessary rectification within the set deadline) in accordance with A.3.3. sentence 1, and
- the Counterclaimant has paid in full the arbitration costs determined in accordance with Section E. at the request of the SSG.
If the Counterclaimant fails to pay the arbitration costs in full even after repeated requests by the SSG, the SSG may declare the proceedings terminated with regard to the Counterclaim with the consent of the Advisory Board. The SSG shall inform the Counterclaimant of the legal consequences of a default in payment with the first request.
3.6.Statement of Counterclaim Defense and other procedural correspondence preparatory to the Final Award. With regard to the statement of defense regarding the Counterclaim for Arbitration (hereinafter “Statement of Counterclaim Defense”), the provisions applicable to the Statement of Defense (cf. A.3.4.) shall apply mutatis mutandis, provided that the Arbitral Tribunal shall set a reasonable deadline for the Statement of Counterclaim Defense. In all other respects, the conduct of the proceeding within the framework of these Arbitration Rules (SchiedsGO; cf. A.1.7.) regarding further procedural correspondence preparatory to the Final Award shall be at the discretion of the Arbitral Tribunal.
3.7.Extension and (partial) withdrawal of Requests or Counterclaims for Arbitration. Subject to sentence 2, the parties shall be free to extend a Request for Arbitration or Counterclaim for Arbitration or to withdraw it in whole or in part even after the constitution of the Arbitral Tribunal in accordance with the provisions of A.1.8. An extension of a Request for Arbitration or Counterclaim for Arbitration shall only be admissible if the arbitrator(s) of the constituted Arbitral Tribunal also possess(es) a valid accreditation in accordance with the Accreditation Rules (Akkreditierungsordnung – AO) with respect to the extended petition and/or subject matter of the arbitration proceeding (hereinafter "Congruence of Jurisdiction"). If the SSG determines after receipt of a procedural correspondence requesting an extension of the Request for Arbitration or Counterclaim for Arbitration that there is no Congruence of Jurisdiction, the SSG shall immediately inform the Arbitral Tribunal and the parties thereof. The Arbitral Tribunal shall reject the extension of the Request for Arbitration or Counterclaim for Arbitration as inadmissible unless a Congruence of Jurisdiction could be established within the reasonable deadline to be set by the Arbitral Tribunal with notice pursuant to sentence 3. If the subject matter of the arbitration proceeding concerns the Areas of Doping or Safe Sport, an extension or limitation of the petition(s) shall not be deemed an extension or partial withdrawal within the meaning of this Section A.3.7. insofar as the Ground for Arbitration (cf. A.3.3. sentence 1 lit. (b)) remains unchanged. With regard to the arbitration costs, the provisions of A.3.3. and A.3.5. shall apply accordingly in the event of an admissible extension of the Request for Arbitration or Counterclaim for Arbitration. The costs in the event of a (partial) withdrawal of a Request for Arbitration or Counterclaim for Arbitration shall be determined in accordance with E.5.
3.8.Extension of arbitration proceedings to other parties and intervention in the proceedings
3.8.1General Provisions. Until the appointment of an arbitrator (cf. A.2.3.), each party may extend the arbitration proceeding to one or more other parties by submitting a Request for Arbitration in accordance with the provisions of A.3.3. to the SSG, stating the file reference number of the current arbitration proceeding and submitting the corresponding arbitration agreement (hereinafter "Extension of Arbitration Proceeding"). The above provisions shall apply, with particular regard to A.1.8. If the prerequisites for an Extension of Arbitration Proceeding are met, the SSG shall set a deadline for the additionally included party
- to raise objections to the constitution of the Arbitral Tribunal and/or the compatibility of the arbitration agreements (cf. A.1.8.), and
- to submit a Statement of Defense in accordance with the provisions of A.3.4.
In all other respects, the above provisions of Section A., in particular A.3.5. to A.3.7. shall apply mutatis mutandis to the further proceeding. Notwithstanding the special provisions in A.3.8.2 and A.3.8.3, third parties may intervene in arbitration proceedings upon application to the SSG until the expiry of the deadline specified in A.3.4. sentence 4, if and to the extent that they are bound by the arbitration agreement of the parties or the parties consent to the intervention within a reasonable deadline set by the SSG. The Arbitral Tribunal shall decide on the intervention without an oral hearing and incontestably by order. The reasons for the refusal of consent by the parties and the determination of effective intervention shall be set out. If a party has effectively intervened, sentences 3 and 4 shall apply accordingly.
3.8.2Special provisions for the Area of Doping. Notwithstanding the provisions of A.3.8.1, national anti-doping organizations (hereinafter “NADO”) as defined in the Appendix Definitions of the National Anti-Doping Code (NADC; in particular the German National Anti-Doping Agency – NADA) may initiate and intervene in arbitration proceedings in the field of Doping under the conditions of sentence 2, even if they are formally not a party to the arbitration proceedings. The initiation of and intervention in arbitration proceedings shall require the following:
- a precisely specified petition to the SSG for initiation or intervention, and
- proof to the satisfaction of the Arbitral Tribunal that the NADO has been effectively granted corresponding rights by the parties (e.g. by articles of association, contract and/or arbitration agreement).
The SSG shall determine the effective intervention of a NADO and inform the parties accordingly. The parties shall have no right of objection. The intervened NADO shall be involved in the procedural correspondence after the determination of the intervention pursuant to A.3.2.1 sentence 12, insofar as this is necessary in accordance with these Arbitration Rules (SchiedsGO) and the reasonable discretion of the Arbitral Tribunal.
3.8.3 Special provisions for the Area of Safe Sport. A.3.8.2. applies accordingly to the (German) Center for Safe Sport (Zentrum für Safe Sport – ZfSS) after its establishment (in this context, the date of the announcement of responsible federal ministry shall be decisive).
3.9.Early Arbitration Hearing. In order achieve the objectives of the SSG (cf. the Preamble and A.1.1.) and to comply with the general principles of procedure (cf., inter alia, A.1.7. sentences 4 and 6), the Arbitral tribunal shall immediately after its constitution work towards holding an early arbitration hearing ("Early Arbitration Hearing") with the parties and any authorized representatives or legal counsel already appointed. The Early Arbitration Hearing shall be without prejudice to the provisions, in particular deadlines, under A.3.2. and shall be held within fourteen (14) days of the constitution of the Arbitral Tribunal in the form determined by the Arbitral Tribunal in its reasonable discretion (cf. A.3.10.). At the Early Arbitration Hearing, the Arbitral Tribunal shall in particular discuss the following:
- the procedural rules agreed by the parties or determined by the Arbitral Tribunal pursuant to A.1.7. sentence 2,
- a possible amicable settlement of the arbitration proceeding by an Award by Consent (cf. A.4.8.1),
- the implementation of an accelerated procedure in accordance with Section C.,
- the implementation of a written procedure in accordance with A.3.11., and
- procedural measures to accelerate and increase the efficiency of the arbitration proceeding.
Subject to a deviating agreement of the parties or the agreed implementation of an accelerated procedure pursuant to Section C., procedural measures to be implemented by order of the Arbitral Tribunal may, at the discretion of the Arbitral Tribunal, inter alia, be:
- the holding of arbitration hearings (including the taking of evidence; cf. A.3.10.) by means of image and sound transmission,
- limiting the number and/or scope of permissible procedural correspondence,
- the division of the arbitration proceeding into separate phases (e.g. with a preliminary taking of evidence with expert opinions), and/or
- the issuance of Partial Final Awards (cf. A.4.1.) or other partial decisions.
Insofar as the situation of the arbitration proceeding at the time of the Early Arbitration Hearing permits, the Arbitral Tribunal shall communicate its preliminary assessment of the factual and legal situation at the Early Arbitration Hearing and make (further) procedural rulings. The final procedural rules discussed or determined at the Early Arbitration Hearing shall be communicated to the SSG in recorded form immediately after the hearing. The same shall apply to dates already set for further hearings and the taking of evidence at an Arbitration Hearing (cf. A.3.10.). The Arbitral Tribunal may, if it considers the conduct of a written proceeding to be appropriate in the individual case in view of the parties' legal protection objective (e.g. in the case of simple or obvious facts), also notify the parties in a written ruling of the points to be discussed (cf. sentence 3) or procedural measures (cf. sentence 4), setting a reasonable deadline for comments. If not all parties to the arbitration proceeding agree to a written proceeding within the deadline, an Early Arbitration Hearing must be scheduled without delay, taking particular account of A.3.10. sentence 6.
3.10.Arbitration Hearing. The Arbitral Tribunal shall set a date for an oral hearing (hereinafter "First Arbitration Hearing" and, in the case of continued hearings, hereinafter "Arbitration Hearing"), provided that
- both parties agree,
- a party so requests, or
- the Arbitral Tribunal deems it necessary to hold an Arbitration Hearing after hearing the parties for decision-making purposes (e.g. due to the need to examine witnesses or hear experts).
The manner in which an Arbitration Hearing is to be conducted shall be at the discretion of the Arbitral Tribunal and be discussed with the parties together with the summons. If an Arbitration Hearing is to be conducted in whole or in part by means of image and sound transmission, the parties shall also be provided with all necessary technical information together with the summons. Every Arbitration Hearing shall be recorded in an appropriate manner. Third parties who have effectively intervened in the arbitration proceeding in accordance with A.3.8. shall be allowed to participate in Arbitration Hearings. The Early Arbitration Hearing may be combined with the First Arbitration Hearing at the discretion of the Arbitral Tribunal.
3.11.Default by the Respondent at an Arbitration Hearing. If the Respondent fails to appear in person or to be validly represented at an Arbitration Hearing despite having been duly summoned (in this context, failure to appear shall be deemed equivalent to failure to negotiate; hereinafter "Default"), the arbitration proceeding shall continue as follows in view of the objectives of the SSG set out in the Preamble and A.1.1.:
- If, in the opinion of the Arbitral Tribunal, the Respondent has excused the Default at the latest by the beginning of the Arbitration Hearing, hereby stating the reasons and making them sufficiently credible (hereinafter "Excused Default"), a further Arbitration Hearing shall be scheduled within a deadline set at the discretion of the Arbitral Tribunal, but generally within fourteen (14) days; if a repeated Default occurs (hereinafter "Repeated Default"), the Arbitral Tribunal shall make a decision in accordance with lit. (b), irrespective of the reasons for the Repeated Default.
- If no Excused Default or a Repeated Default occurs, the provisions of A.4.8.3 shall apply mutatis mutandis with the proviso that the Final Award (cf. A.4.1.) to be made by the Arbitral Tribunal by the records shall be based on the time of the conclusion of the Arbitration Hearing and any submissions of the non-defaulting party/parties heard at the Arbitration Hearing shall be considered as part of the records.
3.12.Publicity. Arbitration Hearings pursuant to A.3.9. and A.3.10. shall be public in deviation from A.1.9. insofar as
- the parties agree,
- this is requested by the structurally inferior party/parties (e.g. an athlete in arbitration proceedings against the association imposing the disciplinary measure) in an arbitration proceeding concerning the imposition or review of disciplinary measures (e.g. doping or safe sport), or
- the Arbitral Tribunal considers this to be necessary to ensure a fair trial within the meaning of Art. 6 Para. 1 sentence 1 of the European Convention on Human Rights (ECHR).
The Arbitral Tribunal shall inform the parties in good time of the right to file a request pursuant to sentence 1 lit. (b) and the possibility of ordering a public hearing pursuant to sentence 1 lit. (c). The Arbitral Tribunal shall grant the request pursuant to sentence 1 lit. (b) if it was filed no later than five (5) days after receipt of the summons to the Arbitration Hearing and no case of sentence 8 applies.
Publicity within the meaning of these Arbitration Rules (SchiedsGO) may be established at the discretion of the Arbitral Tribunal by enabling physical (cf. A.1.3.) and/or virtual presence by means of image and sound transmission (cf. A.3.9. sentence 4 lit. (a)). The Arbitral Tribunal shall notify the parties in good time of the details (in particular regarding the location of the Arbitration Hearing or the access data for virtual participation) and shall disclose them at https://zsrs.sport. The Arbitral Tribunal may, at its discretion, limit participation in an Arbitration Hearing or (a) part(s) of an Arbitration Hearing to a reasonable number of participants. Sentence 5 shall apply mutatis mutandis in this case with the proviso that the Arbitral Tribunal must disclose the procedure for selecting the participants.
The Arbitral Tribunal may, irrespective of the application of sentence 1 lit. (a) or (b), restore confidentiality in whole or in part (i.e. also for an individual Arbitration Hearing or parts of an Arbitration Hearing) in individual cases, insofar as
- in the case of sentence 1 lit. (a), exceptional circumstances within the meaning of Art. 6 Para. 1 sentence 2 ECHR (e.g. protection of minors or public order) occur,
- in the case of sentence 1 lit. (b), the other party/parties can demonstrate overriding legitimate interests, or
- in the case of sentence 1 lit. (a) or lit. (b), only technical questions of a legal or factual nature are to be discussed in an Arbitration Hearing.
The provisions of A.3.8.2 and A.3.8.3 remain unaffected by this Section A.3.12.
3.13.Written proceeding. If the holding of an Arbitration Hearing in accordance with Section A.3. of these Arbitration Rules (SchiedsGO) has not been agreed or requested, and if the Arbitral Tribunal does not consider such an Arbitration Hearing necessary for the purpose of making an efficient decision in accordance with the objectives of the SSG and the provisions of these Arbitration Rules (SchiedsGO), the Arbitral Tribunal may, at its discretion, order a written proceeding to be conducted. The Arbitral Tribunal shall be entitled at any time, after hearing the parties, to order the transition from written proceedings to proceedings including Arbitration (oral) Hearings. The Arbitral Tribunal shall be obliged to order the transition if a party so requests. In this case, the reasons for the request shall be stated by the applicant party.
3.14.Arbitration Maturity. The Arbitral Tribunal shall issue an order terminating the arbitration proceeding after the conclusion of the last Arbitration Hearing or the deadline for written submissions set in a written proceeding (in this context, this point in time shall be deemed equivalent to the conclusion of the last Arbitration Hearing) and declare the arbitration mature for a Final Award in accordance with A.4.1 (hereinafter “Arbitration Maturity”). The Arbitral Tribunal shall notify the SSG without undue delay of the date and circumstances of the Arbitration Maturity. The submission of means of challenge and defense by the parties is excluded after receipt of the order on the Arbitration Maturity. The Arbitral Tribunal may only order the re-entry into the arbitration proceeding in individual cases and after assessing and weighing the interests of the parties against the objectives and principles of the SSG (cf. the Preamble and A.1.1.). The decision to re-enter the arbitral proceeding shall be final and binding. ArbitrationMaturity may also occur only with respect to one claim or some of the claims asserted in the arbitration proceeding and only with respect to the Request for Arbitration or Counterclaim for Arbitration (hereinafter "Partial Arbitration Maturity "). The Arbitral Tribunal may, at its reasonable discretion, refrain from determining a Partial Arbitration Maturity if it considers this appropriate in view of the state of the records. Sentence 3 shall apply mutatis mutandis in the event of the occurrence of Partial Arbitration Maturity.
3.15.Appointment of experts. The appointment of experts for the purpose of preparing a written expert opinion and/or for providing information at an Arbitration Hearing (cf. A.3.10.) shall be determined by the Arbitral Tribunal at its own discretion (cf. A.1.7. sentence 4). The parties shall be heard beforehand in order to be able to raise objections (e.g. regarding the impartiality and independence of an expert). The provisions regarding the appointment and recusal of arbitrators pursuant to A.2.1. and A.2.9. shall apply mutatis mutandis with the proviso that the application for recusal of an expert for fear of bias shall be addressed to the Arbitral Tribunal and forwarded by it to the Advisory Board.
3.16. Concentration of jurisdiction for procedural orders. If the Arbitral Tribunal is constituted as an Arbitral Chamber (cf. A.2.6.), the arbitrators are free to authorize the Chairman (cf. A.2.6. sentence 6) by mutual agreement to issue procedural orders in whole or in part alone. However, an authorization with regard to an award pursuant to A.4.1. shall be excluded.
3. Decisions of the Arbitral Tribunal
3.1. Conclusion of the arbitration proceedings by (partial) final award.
Subject to a settlement or acknowledgment pursuant to A.4.8.1. or a (partial) withdrawal pursuant to A.3.7., the Arbitral Tribunal shall decide on the dispute negotiated in the arbitration proceeding by an award concluding the arbitration proceeding (hereinafter "Final Award"). If only a Partial Arbitration Maturity pursuant to A.3.14. occurs, the Arbitral Tribunal may make a decision covering only the part of the Request for Arbitration and/or Counterclaim for Arbitration which is mature for an award (hereinafter "Partial Final Award"; Final Award and Partial Final Award together hereinafter "Arbitral Award"). The Arbitral Tribunal may dismiss a Request for Arbitration or Counterclaim for Arbitration or comply with it in whole or in part. If the Arbitral Tribunal has to decide on a Request for Arbitration as an appeal within the meaning of A.3.2.3, the Arbitral Tribunal shall make a Final Award terminating the arbitration proceeding after a full review of the challenged decision in fact and in law. With this Final Award, the Arbitral Tribunal may confirm the challenged decision and dismiss the Request for Arbitration or set aside the challenged decision in whole or in part and thus comply with the Request for Arbitration in whole or in part.
3.2. Decision on a (Partial) Final Award.
Depending on the composition, the Arbitral Tribunal shall decide by the Sole Arbitrator (cf. A.2.5.) or the Arbitral Chamber (cf. A.2.6.) by a simple majority of the arbitrators' votes, with each member of the Arbitral Tribunal having one vote. If no majority of the arbitrators' votes can be determined for an Arbitral Tribunal constituted pursuant to A.2.6, the vote of the Chairman shall be decisive. If, at the time of the decision on the (Partial) Final Award, the arbitrator appointed as Chairman upon constitution of the Arbitral Tribunal is no longer in office (cf. A.2.12.), the arbitration proceeding shall be declared terminated without an Arbitral Award by resolution of the Advisory Board (cf. A.3.1. sentence 4 2 alt.). The parties are free to reach an agreement deviating from the above provisions.
3.3. Form and content of a (Partial) Final Award.
Each (Partial) Final Award shall be made in writing in the language of the proceeding (cf. A.1.5.) and signed by the Sole Arbitrator (cf. A.2.5.) or the arbitrators of the Arbitral Chamber (cf. A.2.6.). In case of a decision of the Arbitral Tribunal acting as an Arbitral Chamber, the signatures of the majority of the arbitrators shall be sufficient, provided that the reason for the missing signature is stated in the (Partial) Final Award. Irrespective of its form, a (Partial) Final Award shall be made with the following content:
- a caption with the names and addresses of the parties (including any authorized representatives or legal counsel involved) and the arbitrator(s),
- the Place of Arbitration (cf. A.1.3.) and date of the Arbitral Award, and
- the decision on the merits and costs in accordance with Section E.
A (Partial) Final Award shall be substantiated (reasoned) by the Arbitral Tribunal, unless,
- the parties have waived the requirement to state reasons in the arbitration agreement or subsequently, or
- the decision of the Arbitral Tribunal exclusively covers the determination and recording of an Award by Consent in accordance with A.4.8.1.
The reasons for a (Partial) Final Award shall include, in particular, the supporting considerations of the Arbitral Tribunal leading to the conviction of the arbitrator(s) and a statement on the parties' essential means of challenge and defense. If a Final Award is preceded by a Partial Final Award, this shall be set out in the reasons.
3.4. Deadline for a (Partial) Final Award
.
- General Provisions. Subject to an extension of time granted by the Advisory Board upon reasoned request of the Arbitral Tribunal and considering the provisions of A.4.3., Final Awards shall be made and served to the parties within one (1) month after the conclusion of the last Arbitration Hearing or the equivalent final deadline for written submissions in a written proceeding (cf. A.3.13.). Final Awards shall be provided by the Arbitral Tribunal to the SSG in such number of originals that each party to the arbitration proceeding may receive one original of the Final Award. If a third party is a party to the proceeding on the basis of provisions binding on the parties (e.g. by statute or contract) without formally being a party itself (e.g. a NADO in doping proceedings), an original shall also be issued for this party. Service on the parties shall be effected in accordance with A.4.6. Partial Final Awards may be made and served at any time during an ongoing arbitration proceeding without observing time limits if and to the extent Partial Arbitration Maturity has occurred (cf. A.3.14). Sentences 2 to 4 shall apply mutatis mutandis to Partial Final Awards. Sentence 5 shall apply accordingly to Interim Awards pursuant to A.4.10.
- Special provisions for the Areas of Doping and Safe Sport. Notwithstanding A.4.4.1, if the subject matter of the arbitration concerns the Areas of Doping or Safe Sport, Final Awards must be made and served on the parties within one (1) month of the end of the last Arbitration Hearing or the expiry of the last deadline for written submissions in a written proceeding (cf. A.3.13.). The Arbitral Tribunal may, if it deems it appropriate, make and serve an Arbitral Award without reasons (cf. A.4.3. sentence 5) on the parties already at the conclusion of the last Arbitration Hearing or the expiry of the equivalent final deadline for written submissions in a written proceeding (cf. A.3.13.), but no later than within a subsequent period of fourteen (14) days. The issuance of such an Arbitral Award requires that it be served on the parties again within the period specified in sentence 1, considering the provisions of A.4.3. sentence 5.
3.5. Effects of an Arbitral Award
Arbitral Awards made in accordance with these Arbitration Rules (SchiedsGO; cf. A.4.1) shall have the following effect:
- General Provisions. A (Partial) Final Award shall be deemed to have been made at the Place of Arbitration (cf. A.1.3.) and on the date specified in the Arbitral Award and shall constitute a final decision binding the parties with the effect of a final and binding judgment handed down by a (state) court. The same shall apply in the event of an Award by Consent pursuant to A.4.8.1 and a subsequent adjustment pursuant to A.4.7.
- Special provisions for the Area of Doping. If the subject matter of the arbitration relates to the Area of Doping and the Arbitral Tribunal has initially issued an award without reasons (cf. A.4.3. sentence 5) pursuant to A.4.4.2, the effect described in A.4.5.1 (including provisional enforceability of the Arbitral Award) shall take effect as soon as the Arbitral Award (without reasons) has been served on all parties. Notwithstanding A.4.5.1 sentence 1, the Arbitral Award shall not constitute a final and binding decision if it can be challenged by way of appeal (e.g. to the Tribunal Arbitral du Sport/Court of Arbitration for Sport – TAS/CAS) on the basis of legally binding provisions (e.g. statutes, arbitration agreement and/or an anti-doping code). With regard to the deadline for appeal and the rules to be applied in appeal proceedings, the provisions agreed between the parties or binding on them shall apply. In case of doubt, the provisions of Section C. Special Provisions Applicable to the Appeal Arbitration Procedure of the Code of Sports-related Arbitration of the CAS/CAS in the version applicable at the time the appeal is lodged shall apply.
- Special provisions for the Safe Sport area. A.4.5.2 Sentence 1 shall apply mutatis mutandis to the Area of Safe Sport.
3.6. Service of an Arbitral Award.
After transmission by the Arbitral Tribunal (cf. A.4.4.) and verification of its formal completeness, the SSG shall serve the Arbitral Award (the same applies in the case of an acknowledgment or Award by Consent; cf. A.4.8.1) on each party within fourteen (14) days, provided that the corresponding claims for fees and costs of the SSG have been settled at that time. Notwithstanding the provisions of A.4.3., the SSG may also send the Arbitral Award to the parties electronically with their consent.
3.7. Subsequent adjustment of an Arbitral Award.
If a party so requests within fourteen (14) days of service of the Arbitral Award on the SSG, an Arbitral Award may be
- corrected with regard to arithmetical, spelling or other errors,
- supplemented by claims which have not yet been decided in the Arbitral Award by mistake despite the corresponding petition, and
- clarified with regard to the disposition in the interpretation of the Arbitral Award.
The decision shall be made by the Arbitral Tribunal that made the Arbitral Award after hearing the other party/parties within fourteen (14) days after the competent Sole Arbitrator (cf. A.2.5.) or Chairman of the Arbitral Chamber (cf. A.2.6.) has received the request for adjustment from the SSG. The Arbitral Tribunal shall be entitled to make a subsequent adjustment of an Arbitral Award even without a request by the parties or if such an adjustment is suggested by the SSG. The adjustment of an Arbitral Award shall be excluded if more than one (1) month has passed since its service on all parties to the arbitration proceeding. The provisions of A.4.3. and A.4.6. shall apply accordingly to an adjusted Arbitral Award.
3.8. Special provisions in the event of amicable settlement, acknowledgement, declaration of termination and defaulted Notice of Defense
- Amicable settlement and acknowledgement. The parties shall be free at any time during the arbitral proceedings to apply for the establishment and recording of an amicable settlement agreed by the parties in the form and with the effect of an Arbitral Award (hereinafter “Award by Consent”). The Arbitral Tribunal shall grant the application for an Award by Consent, unless it considers that there is good cause for terminating the proceeding by a Final Award or the arbitration proceeding concerns the Areas of Doping or Safe Sport. In these cases, an amicable settlement requires the consent of the Arbitral Tribunal as well as the absence of grounds preventing the settlement of the subject matter of the dispute by means of an Award by Consent (e.g. based on association law or contractual provisions to which the parties are bound). In the case of arbitration proceedings in the Area of Doping, the parties may also apply to the SSG for the issuance and recording of an Award by Consent prior to the constitution of the Arbitral Tribunal. In this case, A.2.2. sentence 6 shall apply without requiring the consent of the Arbitral Tribunal to the amicable settlement.
If a party acknowledges the claim asserted against it, the Arbitral Tribunal shall determine the existence of the claim upon request with effect pursuant to A.4.5. as well as the content and form pursuant to A.4.3. and inform the SSG. If a claim is only partially acknowledged, the Arbitral Tribunal may, at its own discretion
- continue the arbitration proceeding and take the declared partial acknowledgment into account when issuing the Final Award or
- determine the partial existence of the claim pursuant to sentence 3 and decide by Partial Final Award pursuant to A.4.1.
- Declaration of Termination. If the parties have mutually declared the dispute to be settled (hereinafter “Mutual Declaration of Termination”), or if the Respondent does not object to the Claimant's declaration within a statutory period of ten (10) days (commencing upon receipt of the Claimant's declaration), although he has been informed of the cost consequences, the Arbitral Tribunal shall solely decide on the costs in accordance with E.6. In the event that the Respondent does not agree to the Claimant's declaration of termination and thus only a one-sided declaration of termination (hereinafter “Unilateral Declaration of Termination”) is available, the Claimant's original request shall be deemed amended to a petition to determine that the arbitration claim was admissible and justified prior to the occurrence of the event giving rise to the declaration of termination. The provisions regarding a Mutual or Unilateral Declaration of Termination shall apply mutatis mutandis in the event of a Counterclaim for Arbitration.
- Default of Notice of Defense. If no Notice of Defense is received within the statutory period referred to in A.3.4. sentence 1 and if, in the sole discretion of the Arbitral Tribunal, such default is not sufficiently excused within the deadline for the Statement of Defense referred to in A.3.4. sentence 4 (commencing with the expiry of the statutory period pursuant to A.3.4. sentence 1) despite being requested and informed of the consequences of such default, the Arbitral Tribunal may, at its discretion, proceed as follows:
- Issuance of a Final Award on the records, whereby the submissions in the Request for Arbitration shall not be deemed admitted and the Arbitral Tribunal shall in particular remain entitled to request the Claimant to submit evidence or to clarify the facts of the case independently; or
- Continuation of the arbitration proceeding pursuant to A.3.10. or A.3.13.
In its decision, the Arbitral Tribunal shall consider in particular whether and to what extent there are indications of incorrectness, incompleteness or inconsistency of the submissions in the Request for Arbitration. If a Final Award is made pursuant to sentence 1 lit. (a), the provisions of A.4.1. to A.4.6. shall apply mutatis mutandis in the event of a not sufficiently excused default of the Notice of Defense with the proviso that the Arbitral Tribunal shall make its decision on the basis of the entire contents of the file (including any pre-arbitral correspondence or submissions of the Respondent). The Respondent shall also be kept fully informed until an Arbitral Award terminating the arbitration proceeding is made and shall be involved in the arbitration proceeding to that extent.
3.9. Publication of an Arbitral Award.
The general provisions of A.1.9. and principles of A.4.9. shall apply with regard to the publication of an Arbitral Award. If the subject matter of the arbitration or Arbitral Award concerns the Areas of Doping or Safe Sport, the special provisions of the applicable regulations binding on the parties by virtue of the statutes or agreement (e.g. an anti-doping or safe sport code) must also be observed. The protection of minors must be particularly observed and guaranteed. Notwithstanding the above, Arbitral Awards in which an anti-doping rule or Safe Sport violation was rejected in the first instance or is rejected on appeal may only be published with the consent of the original addressee of the sanction (e.g. Athlete) in the Area of Doping or the original defendant in the Area of Safe Sport.
3.10. Interim Award.
Notwithstanding the possibility of making a Partial Final Award in case Partial Arbitration Maturity has occurred (cf. A.4.1.), the Arbitral Tribunal shall be entitled to decide preliminary questions or legal issues (e.g. the existence of a claim on the merits) in advance (hereinafter "Interim Award"). By making an Interim Award, the Arbitral Tribunal binds itself so that the preliminary question(s) or legal issue(s) decided can no longer be decided differently in a Final Award pursuant to A.4.1. For the purpose of the efficiency of the arbitration proceeding and to ensure compliance with the Standard Duration pursuant to A.1.4., an Interim Award shall be combined with the efforts of the Arbitral Tribunal and the SSG to reach an amicable settlement of the parties covering the entire subject matter of the dispute.
3.11. Closure of the arbitration file.
The (digital) file of an arbitration proceeding kept in accordance with A.3.1. shall be closed by order of the SSG when the period for subsequent adjustment of the Final Award pursuant to A.4.7. sentence 2 has expired and all cost matters pursuant to Section E. have been settled (hereinafter "Closing of the Arbitration File").
Section B.Interim Relief
1. Interim relief after constitution of the Arbitral Tribunal
If the Arbitral Tribunal has already been constituted in accordance with A.2.4, the Arbitral Tribunal may, at the request of a party to the arbitration, order interim measures and/or measures to ensure effective prosecution at its discretion, and modify, suspend or revoke the order for such measures. The Arbitral Tribunal may, if it considers it necessary at its discretion, require the requesting party or parties to provide adequate security. The parties shall be advised of the possibility of such measures (including, where applicable, the provision of security (also on a pro rata basis)) at the commencement of the arbitration proceeding (cf. A.3.1.).
2. Interim relief before constitution of the Arbitral Tribunal
If the Arbitral Tribunal has not yet been constituted in accordance with A.2.4, and
- there is a concern that a change in the respective present situation could frustrate or significantly endanger the realization of a party's right, and/or
- a temporary arrangement or conservatory measure appears necessary in relation to a disputed legal relationship to avert significant disadvantages, to prevent impending force, or for other reasons
(in each case "Reasons of Emergency"),
either party may apply for interim relief by paying the Expedited Fee pursuant to E.8. sentence 1 lit. (b). With regard to the form and content of the application, A.3.3. sentences 1 to 5 shall apply accordingly, with the proviso that the applicant must also demonstrate and substantiate the following:
- the Reasons of Emergency, and
- the existence of an arbitration or subsequent agreement between the parties which expressly extends the exclusion of ordinary legal recourse to interim relief in accordance with this Section B.2. (cf. B.6.).
The decision on the application for interim relief shall be made on the basis of a summary examination at the discretion of the arbitrator(s) who, according to the schedule for the responsibility in interim relief proceedings (hereinafter “Schedule of the Arbitration Standby Service”) published at https://zsrs.org and determined by the SSG, is responsible for the dispute in interim relief as an already constituted (permanent) Arbitral Tribunal (hereinafter "Emergency Arbitrator"). If, at the time of the filing of the application, an Arbitral Tribunal consisting of three (3) members (hereinafter "Emergency Arbitral Chamber"; Emergency Arbitrator and Emergency Arbitral Chamber hereinafter also "Emergency Arbitral Tribunal") has been constituted in accordance with the Schedule of the Arbitration Standby Service, and if the SSG determines a particular complexity, difficulty and/or fundamental importance with regard to the subject matter of the interim relief, the primary jurisdiction of the Emergency Arbitrator may be transferred to an Emergency Arbitral Chamber by order of the SSG and with the consent of the parties. Irrespective of the accreditation of the arbitrators, the transfer requires that all members of the Emergency Arbitral Chamber confirm to the SSG in text form (§ 126b BGB) that they will be available immediately and for the duration of the interim relief proceeding.
When deciding on interim relief, the principles developed under §§ 935, 940, 294 ZPO and the current case law shall be considered. With regard to the jurisdiction of the Emergency Arbitral Tribunal, it should also be considered whether the jurisdiction of a Sole Arbitrator (cf. A.2.5.) or an Arbitral Chamber comprised of three arbitrators (cf. A.2.6.) would be justified in accordance with the arbitration agreement or these Arbitration Rules (SchiedsGO) for the principal arbitration proceeding and main action (cf. B.5.). A.4.3. and A.4.6. shall apply mutatis mutandis with regard to the form of the interim relief decision and its service. The requirements of A.2.8.1 with regard to the required accreditation of the arbitrator(s) for certain Areas (cf. A.1.4. of the Accreditation Rules (Akkreditierungsordnung – AO)) shall not apply to interim relief pursuant to B.2. However, the SSG shall, if and to the extent possible, give due consideration to the accreditation of the Emergency Arbitrator or the members of the Emergency Arbitral Chamber responsible according to the Schedule of the Arbitration Standby Service and shall work towards ensuring that the composition of the Emergency Arbitral Tribunal guarantees effective legal protection.
- Hearing of the parties. The party who is to be the addressee of a decision on interim relief pursuant to this Section B. shall in principle be granted a hearing by the Emergency Arbitral Tribunal prior to the decision. The prior transmission of the application for interim relief and the setting of a deadline for comments may be waived if, at the discretion of the Emergency Arbitral Tribunal, the purpose pursued with the application or due to the urgency of the matter is thereby frustrated or significantly jeopardized. In this case, however, the right to be heard shall be granted immediately after the decision has been made and the application for interim relief forwarded. The decision made in interim relief shall then be confirmed, amended, suspended or set aside in whole or in part by the competent Emergency Arbitrator or the Emergency Arbitral Chamber, considering the submissions of the respondent(s), if any. Protective Briefs filed pursuant to B.7. and requested by the Emergency Arbitral Tribunal shall be recognized. Sentences 3 and 4 shall apply mutatis mutandis in this case.
- Transmission of procedural correspondence. In case of interim relief, the transmission of procedural correspondence shall be made exclusively by the SSG. The procedure for interim relief shall be determined by the Emergency Arbitral Tribunal at its own discretion, considering the urgency and the petitions.
- Compulsion to arbitrate on the merits. If and insofar as a decision on interim relief is made in accordance with B.2. and the party to whom the decision is addressed has not made a final declaration recognizing the decision, the party filing the application shall be obliged to arbitrate on the merits (main action) in accordance with Section A. of these Arbitration Rules (SchiedsGO) within a period of fourteen (14) days after the decision has been served. The applicant shall be informed thereof at the latest with the decision made in the interim relief proceeding. If main action and arbitration on the merits is not initiated in due form and time, and if the party to whom the decision on interim relief is addressed applies for its annulment, the decision of the Emergency Arbitral Tribunal competent pursuant to B.2. shall be deemed annulled from the date of receipt of the application for annulment by the SSG.
- Recourse to the ordinary (state) courts of law. If the parties have so agreed in the arbitration agreement or subsequently, the exclusion of recourse to the ordinary (state) courts of law shall also include interim relief pursuant to this Section B.If no such agreement of the parties exists at the time of the decision, the possibility of applying for interim relief through the ordinary (state) courts shall remain unaffected by the provisions of this Section B.
- Protective Submission. Parties to an arbitration agreement establishing the jurisdiction of the SSG also in interim relief may file a preventive statement of defense against anticipated applications in accordance with B.2 (hereinafter "Protective Brief"). The provisions of A.3.2.1 and A.3.4. shall apply mutatis mutandis to the form, content and filing of a Protective Brief. The SSG shall not automatically forward a filed Protective Brief to the Urgent Arbitral Tribunal but only upon its request (hereinafter "Protective Brief Request"). Protective Briefs shall be deleted without further notice to the filing party after six (6) months from the date of filing if no Protective Brief Request has been made. The right to re-file a Protective Brief against payment of the Protective Brief Fee specified in E.8. sentence 1 lit. (c) remains unaffected.
Section C.Accelerated Proceeding
- Duration of the arbitration proceeding. If the arbitration agreement or subsequently (cf. inter alia A.3.9. sentence 3 lit. (c)) provides for and initiates the conduct of expedited proceedings, or if the subject matter of the arbitration concerns the Area of Doping, the arbitration shall not exceed three (3) months. Notwithstanding the foregoing, the SSG and the Arbitral Tribunal shall at all times endeavor to expedite and make the arbitration proceeding efficient for the purposes of the objectives set out in the Preamble, A.1.1. and A.1.4. Experts must be informed of the shortened duration of the (accelerated) arbitration proceeding at the time of their appointment and must be obliged to comply with the deadlines set by the SSG or the Arbitral Tribunal. If, for good cause (e.g. if an appointed expert is absent due to illness), the arbitration proceeding cannot be concluded within the Standard Duration (cf. A.1.4. sentence 2), this shall not affect the validity of the arbitration agreement and the measures already taken in the arbitration proceeding, and the proceeding must then be conducted in consultation with the parties and the SSG with the greatest possible acceleration and efficiency in order to make a decision. The reasons for exceeding the Standard Duration shall be recorded by the Arbitral Tribunal and disclosed to the parties and the SSG.
- Measures to expedite and increase the efficiency of the arbitration proceedings. In order to conclude the arbitration proceeding in accordance with C.1., the following measures to expedite and increase efficiency (cf. also A.3.9. sentence 4 lit. (b)) are mandatory in the accelerated proceeding:
- Exclusion of continued Arbitration Hearings and thus, subject to the implementation of a written proceeding in accordance with A.3.13., concentration on one (1) Arbitration Hearing (cf. A.3.10.);
- Limitation of the parties' procedural correspondence to one (1) written submission each supplementing the Request for Arbitration and the Statement of Defense (arbitration reply and rejoinder);
- Requirement that the Counterclaim for Arbitration (cf. A.3.5.) be combined with the Statement of Defense (cf. A.3.4.) and that the subsequent procedural correspondence be limited to a maximum of two (2) written submissions per party;
- Inadmissibility of extension of the Request for Arbitration (cf. A.3.7.), Extension of Arbitration Proceeding and an intervention in the proceeding (cf. A.3.8.).
The measures pursuant to sentence 1 may only be deviated from if the parties agree or the Arbitral Tribunal believes the deviation(s) to be expedient. In the case of sentence 1 lit. (d), a deviation shall be deemed appropriate if an intervention in the proceeding is based on a legal (association) regulation or contractual provision binding on the parties (e.g. in the Area of Doping; cf. A.3.8.2). The Arbitral Tribunal shall inform the parties and work towards the conclusion of an appropriately practicable agreement if it recognizes the risk of exceeding the Standard Duration specified in A.1.4. and C.1. The Arbitral Tribunal shall immediately inform the SSG of the parties' agreements or orders deviating from sentence 1 for reasons of expediency. The parties are free to decide that the Early Arbitration Hearing pursuant to A.3.9. shall be conducted as First Arbitration Hearing pursuant to A.3.10.
- Applicable provisions. The provisions of sections A. and B.1. shall apply mutatis mutandis to the accelerated proceeding, unless otherwise provided for in provisions A.1. and C.2 and the special provisions for the accelerated proceeding set out in these Arbitration Rules (SchiedsGO; cf. A.3.2.5).
Section D.Further Proceedings
- Expert Determination Proceedings. The parties may agree that an expert determination with provisionally binding effect shall be obtained to resolve the dispute as a whole or individual relevant facts (hereinafter “Expert Determination Proceeding”). Expert Determination Proceedings may be initiated in accordance with the Expert Determination Rules (Schiedsgutachtenordnung – SchiedsGutO) of the ZSRS independently of the conduct of an arbitration proceeding under these Arbitration Rules (SchiedsGO) and at any time during an ongoing arbitration proceeding. If the Arbitral Tribunal deems it appropriate to conduct an Expert Determination Proceeding, it may notify the parties accordingly at any time. Expert Determination Proceedings shall be governed by the provisions of these Arbitration Rules (SchiedsGO) applicable at the time of their commencement, unless the Expert Determination Rules (Schiedsgutachtenordnung – SchiedsGutO) of the ZSRS in the version applicable at that time contain speficic or deviating provisions.
- Mediation and conciliation proceedings. The parties may already agree upon conclusion of the arbitration agreement or subsequently that the arbitration proceeding (the same applies to an Expert Determination Proceeding) shall be preceded by a mediation or conciliation proceeding with the aim of an amicable settlement of the dispute. The SSG may also notify the parties accordingly if it deems mediation or conciliation to be expedient in the individual case, taking particular account of the objectives of the SSG (cf. the Preamble and A.1.1.) and/or the overall circumstances and interests of the parties. The parties may also agree to mediation or conciliation proceedings in isolation and without a prior arbitration agreement to conduct an arbitration proceeding or Expert Determination Proceeding. Mediation and conciliation proceedings shall be governed by the provisions of the Mediation and Conciliation Rules (Mediations- und Schlichtungsordnung – MedSO) of the ZSRS.
- Further procedures. The ZSRS endeavors to continuously develop its services aimed at dispute resolution and preventive conflict avoidance. Corresponding information on further proceedings that are planned or introduced can be viewed and accessed at https://zsrs.org.
Section E.Costs
- Costs and advance payment of costs. Costs in accordance with these Arbitration Rules (SchiedsGO) shall be in Euro (EUR) and include the
- arbitration costs pursuant to E.1.1.,
- fees and expenses of the arbitrators pursuant to E.1.2.,
- fees and expenses of appointed experts pursuant to E.1.3.,
- expenses of witnesses pursuant to E.1.4.,
- fees and expenses of legal counsel in accordance with E.1.5. (cf., however, E.1.5. sentence 5 and E.1.5. sentence 6),
- translation and other costs of taking evidence as deemed appropriate and reasonable by the Arbitral Tribunal in its own discretion in the individual case, and
- translation and other costs deemed appropriate and reasonable by the SSG in its reasonable discretion for the purpose of determining the jurisdiction of the SSG and/or the existence of the Mandatory Content or Extended Mandatory Content of the Request for Arbitration (cf. A.3.3.) and/or the determination of the Arbitration Cost Value (cf. E.1.1.1) or the Fee value (cf. E.1.2.1).
After a reasonable deadline, the parties shall be obliged to make an advance payment of costs determined by the SSG at its discretion (in the event of a majority of parties, e.g. Extension of Arbitration Proceeding pursuant to A.3.8., separately and differently if necessary) as follows:
- for the fees of the arbitrators, an advance payment shall be made by all parties (usually invoiced by the SSG on a pro rata basis) on the basis of the Fee Value pursuant to E.1.2.1 and in accordance with the version of the Cost Rules (Kostenordnung – KostO) of the ZSRS applicable at the time of receipt of the Request for Arbitration by the SSG and available at https://zsrs.org; if the Arbitral Tribunal has not yet been constituted, the determination shall initially be provisional;
- for the fees of experts to be determined in accordance with E.1.3., an advance payment shall be made by the party/parties who, in the opinion of the Arbitral Tribunal, is/are burdened with evidence or who request/s the taking of evidence.
The SSG may make the service of the Request for Arbitration dependent on the party/parties initiating the arbitration proceeding having made the advance payment of costs determined for them at its discretion in accordance with sentence 2. All expenses that the SSG deems appropriate and reasonable may be added to the respective advance payment of costs or, in the case of expenses for witnesses (cf. E.1.4.) or for translation and other costs of taking evidence (cf. E.1. lit. (f) to (g)), may be determined as an advance payment. The mandating of or advance payment of fees to legal advisors shall be the sole responsibility of the parties. The SSG has no responsibility in this respect.
If advance payments of costs are not made, this may in particular have the consequence that
- the arbitration proceeding is terminated (cf. A.3.1. sentence 5 lit. (b)),
- the party obliged to pay the costs remains liable to provide evidence.
Each party is entitled, but not obliged, to make an advance payment of costs for another party. If circumstances in the arbitration proceeding change (e.g. in the event of an Extension of Arbitration Proceeding pursuant to A.3.8. or amicable settlement or acknowledgment pursuant to A.4.8.1), the SSG shall be entitled to adjust the advance on costs at its own discretion. In the event of an Extension of Arbitration Proceeding or Counterclaim for Arbitration, the SSG shall also be entitled to determine separate advance payments on costs. If, in accordance with these Arbitration Rules (SchiedsGO), cost positions are issued in a foreign currency (cf. sentence 1), the SSG shall convert them for the purpose of calculating and determining the costs of the arbitration proceeding at the euro exchange rate published by the European Central Bank (ECB; available at: https://de.iban.com/exchange-rates) on the due date of the respective cost position.
2.1. Arbitration costs
- General provisions. The service of the Request for Arbitration (cf. A.3.3. sentence 6) and Counterclaim for Arbitration (cf. A.3.5. sentence 2) shall be subject to the payment of the advance on arbitration costs notified to the Claimant(s) or Counterclaimant(s) with the cost note of the SSG. The basis for calculating the arbitration costs shall be the greater of the minimum value of EUR 10,000.00 applicable to arbitration proceedings of the SSG and the specific value of the subject matter ("Arbitration Cost Value") calculated and determined by the SSG at its discretion for the arbitration proceeding after hearing the parties (cf. A.3.3. sentence 3 lit. (b)). If amounts used for the purpose of determining the arbitration costs are expressed in a foreign currency, the SSG shall convert them at the ECB's euro exchange rate (available at: https://de.iban.com/exchange-rates) applicable at the time of the commencement of the arbitration proceedings (cf. A.3.1.) or otherwise estimate them at its reasonable discretion. Based on the Arbitration Cost Value, 3.0 fees shall be paid in accordance with B.1. of the Cost Rules (Kostenordnung – KostO). The Arbitration Cost Values of a Request for Arbitration and Counterclaim for Arbitration shall be added up for the calculation of the arbitration costs. If more than one party is involved in the arbitration proceeding on the claimant's or respondent's side (hereinafter "Multi-Party Participation") or if the arbitration proceeding is extended pursuant to A.3.8., the fees pursuant to sentence 4 shall be increased as follows:
- from 3.0 to 4.0 fees in the case of Multi-Party Participation and a maximum of two (2) parties on the claimant’s or respondent’s side;
- in the case of Multi-Party Participation and more than two (2) parties on the claimant’s or respondent’s side from 3.0 to 5.0 fees; and
- by 1.0 fee per joining party in the event of an Extension of Arbitration Proceeding.
If arbitration proceedings are consolidated (cf. A.1.8. sentence 1), the following shall apply:
- the respective Arbitration Cost Values of the Requests for Arbitration are to be added;
- the arbitration costs for each party are to be re-calculated on the basis of the aggregated Arbitration Cost Values; and
- the arbitration costs are then (insofar as this results in an additional amount) to be invoiced by the SSG, considering any arbitration costs already paid.
If (i) the parties reach an amicable settlement, (ii) the Respondent recognizes the claim asserted against him or (iii) the arbitration proceeding is terminated before the Arbitral Tribunal is constituted, the SSG may reduce the fee pursuant to sentence 4 as follows:
- in case of an amicable settlement or acknowledgement (cf. in each case A.4.8.1), to (a maximum of) 2.0 fees; and
- in case of termination of the arbitration proceeding before the Arbitral Tribunal is constituted to (a maximum of) 1.0 fees.
If the SSG or the Arbitral Tribunal determine in the course of arbitration proceeding that the Arbitration Cost Value was determined too low on the basis of incorrect or insufficient information provided by the parties, the SSG may correct the Arbitration Cost Value at its reasonable discretion up to the time of the decision on costs (cf. E.2.) and claim the corresponding (additional) arbitration costs.
- Special provisions for the Areas of Doping and Safe Sport. In deviation from E.1.1.1, the Arbitration Cost Value in arbitration proceedings in the Areas of Doping and Safe Sport shall be determined on the basis of a lump sum Arbitration Cost Value as follows:
- Area of Doping: EUR 20,000.00;
- Area of Safe Sport: EUR 10,000.00.
- Special provisions for expert determinations. If the parties agree and request the preparation of an expert determination in accordance with the Expert Determination Rules (Schiedsgutachtenordnung – SchiedsGutO) of the ZSRS, and if this is followed by an arbitration proceeding in accordance with these Arbitration Rules (SchiedsGO), fifty percent (50%) of the costs determined in accordance with the Expert Determination Rules (SchiedsGutO) shall be offset against the arbitration costs determined in accordance with E.1.1.
- Special provisions for mediation and conciliation proceedings. If a mediation or conciliation proceeding in accordance with the Mediation and Conciliation Rules (Mediations- und Schlichtungsordnung – MedSO) of the ZSRS precedes an arbitration or expert determination proceeding, fifty (50) per cent (%) of the costs determined in accordance with the Mediation and Conciliation Rules (MedSO) shall be offset against the arbitration costs determined in accordance with E.1.1.
2.1. Fees for and expenses of the arbitrators
- General Provisions. Arbitrators of the SSG shall (a deviating agreements of the parties is not permissible) be entitled to fees for their services in arbitration proceedings from the date of constitution of the Arbitral Tribunal in accordance with E.1.2.4 and the version of the Cost Rules (Kostenordnung – KostO; cf. B.2. KostO) applicable at the time of receipt of the Request for Arbitration by the SSG and available at https://zsrs.org. The fees of the arbitrators shall be determined on the basis of the value of the subject matter of the arbitration proceeding (hereinafter "Fee Value") to be determined by the Arbitral Tribunal at its discretion after hearing the parties (cf. A.3.3. sentence 3 and A.3.5. sentence 5). If amounts used for the purpose of determining the Fee Value are denominated in a foreign currency, the SSG shall convert them using the ECB's euro exchange rate (available at: https://de.iban.com/exchange-rates) applicable at the time of the commencement of the arbitration proceeding (cf. A.3.1.) or otherwise estimate them at its reasonable discretion. The Arbitration Cost Value (cf. E.1.1.) and the Fee Value may differ in individual cases. The Fee Value of a Request for Arbitration and Counterclaim for Arbitration shall be added. Expenses pursuant to § 670 BGB shall be reimbursed to an arbitrator to the extent that (i) they comply with the Guidelines for Reimbursement of Expenses applicable at the time of commencement of the arbitration proceeding and published at https://zsrs.org and (ii) they are deemed appropriate and reasonable by the SSG. An arbitrator's claim for fees and reimbursement of his expenses shall become due at the end of the arbitration proceeding. The right of the arbitrators to agree on advance payments of costs with the parties or request the SSG to determine and – insofar as administered by the SSG in trust – enable the payment of an advance payment that it deems appropriate (the advance may vary if the Arbitral Tribunal is constituted as an Arbitral Chamber with regard to the arbitrators), taking into account the payments made in accordance with E.1. and the status, scope and complexity of the arbitration proceeding, shall remain unaffected. If the office as arbitrator is terminated prematurely (cf. A.2.9. in the case of recusal for fear of bias and A.2.11. in case Impeachment or cancellation of office), the Advisory Board shall determine the arbitrator's fees at its discretion, considering the overall circumstances. In particular, it shall be considered whether the circumstances that led to the fear of bias were intentionally or grossly negligently not disclosed by the arbitrator concerned at the time of appointment. If a Substitute Arbitrator is to be appointed pursuant to A.2.12., the Arbitral Tribunal shall decide on his fees and expenses at its discretion. If the SSG and/or the Arbitral Tribunal determine in the course of the arbitration proceeding that the Fee Value was determined too low on the basis of incorrect or insufficient information provided by the parties, the SSG may correct the Fee Value at its reasonable discretion up to the time of the decision on costs (cf. E.2.) and claim the corresponding fees. If, however, the SSG and/or the Arbitral Tribunal determine in the course of arbitration proceeding that the Fee Value was determined too high on the basis of incorrect or insufficient information provided by the parties, any overpaid amounts shall only be corrected and reimbursed after the decision on costs pursuant to E.2.
- Special provisions for the Area of Doping. If the subject matter of dispute relates to the Area of Doping, the SSG shall base its calculation and determination of the Fee Value on the proceeds (revenues) lost by the person subject to the sanction (e.g. athletes or coaches as athlete support personnel within the meaning of the NADC Annex Definitions) as a result of the sanction(s) (e.g. period of ineligibility) already imposed by the appealed decision (cf. A.3.2.3 and A.4.1. sentence 4 et seq.) or threatened by an Arbitral Award. The calculation shall include fixed and variable remuneration for the practice of sport as well as subsidies and other benefits and sport-related sponsorship and marketing revenues of any kind. If there are insufficient submissions and evidence based on the submissions of the parties (in particular the addressee of the sanction), the SSG shall estimate these at its reasonable discretion. In the Area of Doping, the Fee Value shall at least amount to:
- EUR 20,000.00 in case of jurisdiction of a Sole Arbitrator (cf. A.2.5.); and
- EUR 10,000.00 in case of jurisdiction of an Arbitral Chamber (cf. A.2.6.).
- Special provisions for the area of Safe Sport. If the subject matter of dispute relates to the Area of Safe Sport, E.1.2.2 sentences 1 to 3 shall apply accordingly. In the Area of Safe Sport, the Fee Value shall at least amount to:
- EUR 15,000.00 in case of jurisdiction of a Sole Arbitrator (cf. A.2.5.), provided that no case of breach of reporting obligations occurred (cf. A.2.2.4 sentence 1 lit. (a));
- EUR 10,000.00 in case of jurisdiction of a Sole Arbitrator (cf. A.2.5.), provided that a case of breach of reporting obligations occurred (cf. A.2.2.4 sentence 1 lit. (a));
- EUR 10,000.00 in case of jurisdiction of an Arbitral Chamber (cf. A.2.6.) based on an arbitration agreement of the parties; and
- EUR 7,500.00 in the case of jurisdiction of an Arbitral Chamber (cf. A.2.6.) based on the request of the party which is the affected person within the meaning of the applicable Safe Sport Code (cf. A.2.2.4 sentence 1 lit. (b)).
- Fees. Fees for arbitrators in arbitration proceedings of the SSG may be:
- arbitration proceeding fees,
- arbitration hearing fees,
- increased arbitration hearing fees,
- arbitration hearing substitute fees, and
- Settlement fees
(hereinafter in each case "Fee Fact" and together "Fee Facts").
Depending on the course of the arbitration proceeding, the Fee Facts shall be incurred as follows for all members of an Arbitral Tribunal:
- Arbitration proceeding fee: At the time the Arbitration Tribunal is constituted (cf. A.2.4.1);
- Arbitration hearing fee: With participation as arbitrator in an Early Arbitration Hearing (cf. A.3.9.) or a subsequent Arbitration Hearing (cf. A.3.10.); if the Early Arbitration Hearing and the First Arbitration Hearing were not combined into one hearing in accordance with A.3.10. sentence 6, the Arbitration hearing fee shall only be payable once;
- Increased arbitration hearing fee: With participation as arbitrator in at least one subsequent Arbitration Hearing following the First Arbitration Hearing (cf. A.3.10.); the fee for subsequent Arbitration Hearings shall only be payable once;
- Arbitration hearing substitute fee: In arbitration proceedings which are conducted without an Early Arbitration Hearing (cf. A.3.9.) in a written proceeding (cf. A.3.9. sentence 8) and are terminated at the active intervention of the Arbitral Tribunal in at least one hearing with at least one party by amicable settlement, acknowledgement or withdrawal of the Request for Arbitration or Counterclaim for Arbitration (if filed); the fee shall not arise if the arbitration proceeding would have been terminated by amicable settlement, acknowledgement or withdrawal without the intervention of the Arbitral Tribunal;
- Settlement fee: At the time of the determination and recording of an amicable settlement agreed by the parties (Award by Consent; cf. A.4.8.1), with which the arbitration proceeding is completely terminated.
The specific amount of the fees incurred within the scope of the Fee Facts pursuant to sentence 2 in the individual case shall be determined, depending on the Fee Value (cf. A.1.2.1), the composition of the Arbitral Tribunal (cf. A.2.5, A.2.6. or A.2.7.) as well as the scope and difficulty of the matter in dispute to be decided in the arbitration proceeding, in accordance with the fee formula set out in B.2.1. of the Cost Rules (Kostenordnung – KostO). The SSG shall decide on the determination of the fees at its reasonable discretion, whereby the parties and arbitrators may appeal to the Advisory Board (cf. F.2.) in accordance with E.1.9.
- Fee increases in complex and comprehensive matters in dispute. In order to adequately consider a particular complexity or comprehensive scope of a matter in dispute in an individual case, the SSG may, at a reasoned request of the Arbitral Tribunal, determine a fee to be added to the fees listed in E.1.2.4 and specified in the table of fees in B.2.1. of the Cost Rules (Kostenordnung – KostO; hereinafter “Increase Fee”). The determination of an Increase Fee shall be at the reasonable discretion of the SSG and may correspond to a maximum of 1.0 fee per arbitrator and arbitration proceeding pursuant to No. 3100 of the remuneration table (Vergütungsverzeichnis – VV) as Annex 1 (to § 2 Para 2) of the German Lawyers' Remuneration Act (Rechtsanwaltsvergütungsgesetz – RVG) based on the Fee Value determined by the SSG pursuant to E.1.2.1 sentence 2. The parties and arbitrators may appeal against the decision of the SSG to the Advisory Board (vf. F.2.) in accordance with E.1.9.
- Allocation of fees within an Arbitral Chamber. If the Arbitral Tribunal is constituted as an Arbitral Chamber (cf. A.2.6 and A.2.7.), the members of the Arbitral Chamber shall be free to distribute the fees to which they are entitled in accordance with this Section E. (cf. in particular E.1.2.4 and E.1.2.5) in their internal relationship to each other in deviation from the fees (plus an Increase Fee pursuant to E.1.2.5, if applicable) resulting from the table of fees in B.2.1. of the Cost Rules (Kostenordnung – KostO). The SSG shall be notified in due time of any redistribution of fees and the total amount of the fees determined in accordance with these Arbitration Rules (SchiedsGO) and the Cost Rules (Kostenordnung – KostO) shall not be exceeded.
- Deviating agreement of the parties. The parties are free to reach an agreement on the remuneration of the arbitrators that deviates from the provisions in E.1.2.1 sentence 2 et seq. to E.1.2.5. The remuneration shall not be less than the cumulated fees for arbitrators determined in accordance with these Arbitration Rules (SchiedsGO).
2.2. Fees and expenses of experts.
The fees and expenses of experts to be included in the decision on costs pursuant to E.2. shall be determined by the Arbitral Tribunal in accordance with the principles and provisions of the German Judicial Remuneration and Compensation Act (Justizvergütungs- und -entschädigungsgesetzes – JVEG).
2.3. Expenses of witnesses.
The expenses of witnesses to be included in the decision on costs pursuant to E.2. shall be determined by the Arbitral Tribunal in accordance with the principles and provisions of the German Judicial Remuneration and Compensation Act (Justizvergütungs- und -entschädigungsgesetzes – JVEG).
2.4. Fees and expenses of legal counsel.
The provisions of the German Lawyers' Remuneration Act (Rechtsanwaltsvergütungsgesetz – RVG) shall apply to the fees and expenses of legal counsel to be included in the decision on costs pursuant to E.2. The parties are free to agree with their legal counsels regarding remuneration and reimbursement of expenses that deviate from the German Lawyers' Remuneration Act (RVG). However, such an agreement shall not affect the reimbursability of fees and expenses in accordance with this Section E. The decision on costs pursuant to E.2. shall only include the fees and expenses as determined by the German Lawyers' Remuneration Act (RVG). The parties are free to agree in the arbitration agreement or subsequently upon notification by the SSG that the fees and expenses of legal counsel, in deviation from E.1. lit. (e), are not costs in accordance with this Section E. Fees and expenses of legal counsel incurred for the preparation and filing of Protective Briefs pursuant to B.7. shall not be deemed costs pursuant to E.1. lit. (e).
2.5. Value added tax.
The fees distributed to arbitrators by the SSG pursuant to E.1.2. shall not include value added tax or any other comparable taxes or duties. Such compensation shall be made exclusively between the parties and the arbitrator(s). The SSG may, however, in the context of determining the advance payments of costs pursuant to E.1. and in order to facilitate the processing of the decision on costs, determine an advance payment of costs in the maximum amount of the applicable statutory value added tax (in Germany, currently nineteen (19) per cent (%)) of the fees, from which the reimbursement of taxes or duties may be made upon proper invoicing by an arbitrator to one or more parties. Value added tax or comparable taxes or duties may be payable on the arbitration costs pursuant to E.1.1. These taxed or duties are to be paid additionally by the parties upon request by the SSG.
2.6. Appeal against the value of the object of fees.
Any party adversely affected by the determination of the Fee Value pursuant to E.1.2. may appeal to the Advisory Board within one (1) week of receipt of the decision of the Arbitral Tribunal. The Advisory Board shall review the determined Fee Value, considering the discretionary powers of the Arbitral Tribunal, and may amend or confirm it. The decision of the Advisory Board shall be final and binding. The right of appeal against the determination of the Fee Value by an arbitrator shall be excluded.
2.7. Appeal against the Arbitration Cost Value.
The determination of the Arbitration Cost Value by the SSG in accordance with E.1.1 is incontestable and cannot be challenged and reviewed by appeal to the Advisory Board.
2.8. Appeal against decisions on the determination of fees.
The parties as well as the arbitrators may appeal against the decision of the SSG on the determination of fees for arbitrators (cf. B.2.1. of the Cost Rules (Kostenordnung – KostO) to the Advisory Board (cf. F.2.) within one (1) week of receipt of the decision. Notwithstanding the above, the parties have no right of appeal if the subject matter of the appeal is limited to the determination of an Increase Fee of up to 0.2 fees (cf. E.1.2.5). The decision of the SSG shall be final and binding in this respect.
- Principle of cost allocation and decision on costs. With each decision terminating the arbitration proceeding (cf. A.4.1.), the Arbitral Tribunal shall, at its discretion, decide on the allocation of costs between the parties. Interim decisions on costs during ongoing arbitration proceedings are permissible. In its decision on costs, the Arbitral Tribunal may, in addition to the result of the arbitration proceeding in the main action, take into account all circumstances it considers relevant, including those relating to the conduct or the organization of the proceeding by the parties (e.g. by giving special consideration to animal welfare aspects, the rights of parties as affected persons or the increase in efficiency in the arbitration proceeding). If the advance payment of costs made by a party exceeds the costs to be finally borne by that party, and no deviating agreement has been made, the excess amount shall be reimbursed by the SSG to the bank account used for the transfer after all invoice or cost positions of that party have been settled.
- Liability of the parties for the costs of the arbitration proceedings. The parties shall be jointly and severally liable for the costs pursuant to E.1.1. and the fees and expenses pursuant to E.1.2. to E.1.4. The parties' rights of recourse in the internal relationship shall remain unaffected.
- Costs in accelerated proceedings. In deviation from E.1.1., the service of the Request for Arbitration (cf. A.3.3. sentence 6) and Counterclaim for Arbitration (cf. A.3.5. sentence 2) in accelerated proceedings requires the payment of arbitration costs in the amount of 4.0 fees.
- Costs in the event of (partial) withdrawal. If a Request for Arbitration or Counterclaim for Arbitration is withdrawn before the Arbitral Tribunal has made a Final Award or Partial Final Award comprising the part of the (counter) claim covered by the declaration of withdrawal, the Claimant or Counterclaimant shall bear the costs. This shall not apply if the costs are to be imposed on the respective Respondent under these Arbitration Rules (SchiedsGO) for another reason.
- Costs in the event of termination. If a Mutual Declaration of Termination (cf. A.4.8.2) occurred, the Arbitral Tribunal shall decide on the costs at its reasonable discretion, considering the state of the case and the dispute (records) to date. In case of a Unilateral Declaration of Termination (cf. A.4.8.2) on the claimant’s side, the request for arbitration shall be deemed amended to a petition to determine that the arbitration claim was originally admissible and justified prior to the occurrence of the event giving rise to the declaration of termination. In case of a Unilateral Declaration of Termination (cf. A.4.8.2) on the respondent’s side, the arbitration proceeding shall be continued and the costs be decided in the Arbitral Award.
- Costs in the event of termination of the arbitration proceeding due to impossibility of continuation. If an arbitral proceeding is terminated prematurely by decision of the Advisory Board after the constitution of the Arbitral Tribunal due to impossibility of continuation (cf. A.3.1. sentence 7), the costs incurred in accordance with E.2. (except for fees and expenses of legal counsel; cf. sentence 3) up to the time of termination shall be borne by the parties on a pro rata basis. The Advisory Board shall decide on the costs by resolution. Fees and expenses of legal counsel pursuant to E.1.5. shall be borne by each party.
- Costs in interim relief. By way of derogation from the above provisions of this Section E. the following shall apply in interim relief proceedings:
- In the case of B.1. the Arbitral Tribunal shall, at its discretion, additionally determine the required reasonable expenses (e.g. transportation or stabling costs in disputes concerning horses) in the decision on costs pursuant to E.2. and demand an advance on costs and/or security from the requesting party or parties for the expenses associated with the decision; in cases in which the required expenses may not yet be conclusively determined at the time of the decision, the Arbitral Tribunal shall be entitled to determine the expenses at reasonable intervals and, if necessary, to demand an additional advance on costs or security.
- In the case of B.2. the Urgent Arbitral Tribunal shall make the processing of the application dependent on the applicant's proof of payment of an additional fee in the amount of the greater of EUR 500.00 and 1.0 fees pursuant to B.1.1. of the Cost Rules (Kostenordnung – KostO; hereinafter "Expedited Fee"); E.1.8. shall apply accordingly to the determination of the Expedited Fee based on the Arbitration Cost Value (cf. E.1.1.).
- In the case of B.7. the SSG may make the filing of a Protective Brief dependent on the payment of a fee of EUR 75.00 (hereinafter “Protective Brief Fee”).
The payment of the Expedited Fee pursuant to sentence 1 lit. (b) shall not affect the provisions of this Section E., in particular with regard to the determination of arbitration costs and advance payments of costs. The Expedited Fee shall not be set off against the arbitration costs to be determined pursuant to E.1.1. Protective Brief Fees in accordance with sentence 1 lit. (c) are not refundable and therefore not part of the decision on costs in an Arbitral Award (cf. A.4.3. sentence 3 lit. (c)).
- Fees for arbitrators in interim relief proceedings. With regard to the fees for Urgent Arbitrators (cf. B.2. sentence 3) or members of an Urgent Arbitral Tribunal (cf. B.2. sentence 4), the provisions on fees for arbitrators in accordance with this Section E. and B.2.1 of the Cost Rules (Kostenordnung – KostO) shall apply accordingly.
Section F.Bodies of the ZSRS and Administration of the SSG
- Appointing Committee. The Appointing Committee performing the tasks specified in sentence 4 shall consist of three (3) permanent members and up to three (3) substitute members who have particular experience in arbitration and/or legal disputes relating to sport and/or animals (in particular horses) and who are elected by the President of a Higher Regional Court in the Federal Republic of Germany (hereinafter "competent body"; as published under "Announcements" on https://zsrs.org) for a term of office of three (3) years on the recommendation of the ZSRS’ management board. Members of the Appointing Committee may not be members of the Advisory Board at the same time. Furthermore, they cannot be appointed as arbitrators (cf. A.6.1. lit. (a) of the Accreditation Regulations (Akkreditierungsordnung – AO)). The Appointing Committee shall be responsible for
- the appointment of the arbitrators in accordance with these Arbitration Rules (SchiedsGO), the experts in accordance with the Expert Determination Rules (Schiedsgutachtenordnung – SchiedsgutO) and the mediators and conciliators in accordance with the Mediation and Conciliation Rules (Mediations- und Schlichtungsordnung – MedSO), unless the parties agree on the person of the mediator or conciliator,
- the postponement of the constitution of the Arbitral Tribunal in the event of non-payment of mandatory procedural costs pursuant to Section E., and
- issuing and updating the List of Arbitrators (Schiedsrichter-Liste – SRL) maintained in accordance with A.2.1. of these Arbitration Rules (SchiedsGO), the List of Experts (Schiedsgutachter-Liste – SGL) maintained in accordance with A.2.1. of the Expert Determination Rules (Schiedsgutachtenordnung – SchiedsgutO) and B.1. of the Accreditation Rules (Akkreditierungsordnung – AO) and the List of Mediators and Conciliators maintained in accordance with C.1.1. and C.2.1. AO (Mediatoren-Liste – ML – or Schlichter-Liste – SL).
The chairman of the Appointing Committee shall be an ex officio member of the Council of Experts in accordance with F.3. lit. (b).
- Advisory Board. The Advisory Board performing the tasks specified in sentence 5 and representing the areas specified in the Preamble to these Arbitration Rules (SchiedsGO) shall consist of at least three (3) and a maximum of seven (7) permanent members as well as up to three (3) substitute members, who shall be elected by the general meeting of the ZSRS for a term of office of three (3) years. Members of the Advisory Board may not simultaneously be members of the Secretariat or the Appointing Committee. An appointment as arbitrator is only permissible under the conditions of A.2.10. sentence 1 lit. (b). The members of the Advisory Board must disclose to the SSG without undue delay and without being requested any circumstances that could give rise to fear of bias in relation to an arbitration proceeding.
The Advisory Board shall be responsible for
- applications for or examination of the occurrence of the conditions (cf. A.2.5.2) for the recusal of an arbitrator, expert or mediator/conciliator due to fear of bias,
- the removal from arbitrator’s or expert’s office and cancellation of an arbitrator’s or expert’s appointment (cf. A.2.11.),
- the termination of an arbitration proceeding prior to the constitution of the Arbitral Tribunal (cf. A.3.1. sentence 5),
- the review of the Advisory Board’s decision to reject the appointment of a mediator jointly nominated by by the parties (cf. B.2.3 sentence 3 ff. MedSO),
- the review of the Advisory Board’s selection and appointment of a mediator (cf. B.2.3 sentence 7 MedSO),
- appeals against the determination of the Fee Value by the Arbitral Tribunal in accordance with E.1.2.1., and
- appeals against the determination of fees by the SSG (cf. E.1.9.).
The chairman of the Advisory Board shall be an ex officio member of the Council of Experts in accordance with F.3. lit. (c).
- Council of Experts. The Expert Council performing the tasks specified in sentence 2 shall consist of:
- one (1) managing director of the ZSRS,
- the chairman of the Appointing Committee (cf. F.1.),
- the chairman of the Advisory Board (cf. F.2.),
- two (2) members elected by the general meeting of the ZSRS
(the members pursuant to lit. (a) to (d) in each case hereinafter "Delegated Members"); and
- up to four (4) additional members who, to the conviction of the Council of Experts, are professionally active with particular specialization in the areas of sports, sports arbitration and/or legal disputes involving animals (especially horses) and have recognized expertise.
The election of the members pursuant to lit. (e) shall be carried out by the Delegated Members and members already in office at the time of the election. The number of members pursuant to lit. (e) may be increased to up to eight (8) members for one term of office at the request of the Council of Experts by resolution of the ZSRS’ management board.
The Council of Experts shall be responsible for
- amendments to these Arbitration Rules (SchiedsGO), the Expert Determination Rules (Schiedsgutachtenordnung – SchiedsgutO), the Mediation and Conciliation Rules (Mediations- und Schlichtungsordnung – MedSO), the Cost Rules (Kostenordnung – KostO) and the Accreditation Rules (Akkreditierungsordnung – AO; all rules jointly hereinafter also "Rules of Arbitration"),
- the creation and amendment of further rules and guidelines,
- decisions on the occurrence of fear of bias on the part of a member of the Advisory Board in relation to an arbitration proceeding or expert determination proceeding (cf. A.2.10. sentence 1 lit. (b)),
- advising the management board of the ZSRS and regularly exchanging views on measures for the further development of the SSG, and
- proposals regarding the members of the Advisory Board elected by the general meeting of the ZSRS in accordance with F.3. sentence 1 (d).
- By-laws and relevant provisions. The bodies stated in F.1. to F.3. may adopt their own by-laws. Issuing and amending by-laws for the Secretariat (F.5.), however, are the responsibility of the ZSRS’ management board. With regard to the aforementioned bodies, the provisions of the articles of association of the ZSRS must be observed.
- Secretariat of the SSG and management of the ZSRS. The ZSRS has established an office which is responsible for the entire administration and support of the arbitration proceedings applied for and conducted at the SSG (the same applies to the further proceedings mentioned in Section D.; hereinafter “Secretariat”). The Secretariat shall be headed by the management board of the ZSRS. The Secretariat shall make the decisions and exercise the powers and activities granted to the SSG in accordance with the Rules of Arbitration of the ZSRS (cf. F.3. sentence 2 lit. (a)), in particular these Arbitration Rules (SchiedsGO), or which are expedient for the administration of the arbitration proceedings (the same applies to the further proceedings mentioned in Section D.). It shall be entitled at any time to seek advice from the bodies of the ZSRS, in particular the Council of Experts (cf. F.3.). Provisions governing how the administration and case processing (so-called case management) are carried out in SSG proceedings and how potential conflicts of interest in case management (e.g. in the event of a legal or organizational connection between members of the ZSRS’ management board and a party) are prevented by appropriate protective measures (e.g. disclosure and documentation obligations, assignment of case management free from instructions to conflict-free employees, restriction of access to files (digital "chinese walls"; cf. the Digital Guidelines) and effectively addressed if they arise after the commencement of an arbitration proceeding, shall be established by the ZSRS’ management board in consultation with the Council of Experts (cf. F.3.).
Insofar as these Arbitration Rules (SchiedsGO; the same applies to the Expert Determination Rules (Schiedsgutachtenordnung – SchiedsgutO) and the other integral components of these Arbitration Rules referred to in Section G.) provide for notifications, service of procedural correspondence and applications to the SSG, these shall be sent to the Secretariat using the address and communication data specified at https://zsrs.org. If notifications and services of procedural correspondence are made by the SSG in accordance with these Arbitration Rules (SchiedsGO), they shall also be made by the Secretariat. The Secretariat is entitled at any time to provide the parties, arbitrators or other persons involved in the arbitration proceedings (e.g. experts) with information that is suitable for the proper conduct of the arbitration proceeding and does not fall under the confidentiality provisions of A.1.9. The Secretariat shall also be entitled (i) to provide the Advisory Board (the same shall apply to the Council of Experts in cases of F.3. sentence 2 lit. (c)) with information on comparable arbitration proceedings upon request in preparation for decisions, subject to the applicable data protection provisions (cf. A.1.13), and (ii) to make recommendations for decisions and/or reasons to the bodies stated in F.1 to F.3. as well as to the Arbitral Tribunal upon and without prior request.
Insofar as decisions (e.g. concerning procedural orders, but also Arbitral Awards within the meaning of A.4.1. or decisions on costs) are to be made pursuant to these Arbitration Rules (SchiedsGO), these decisions may be prepared by the Secretariat (in particular at the request of the Arbitral Tribunal or competent body).
Section G.Integral Components of the Arbitration Rules
Integral components of these Arbitration Rules (SchiedsGO) are in the version applicable at the time of receipt of the Request for Arbitration or the application for interim relief pursuant to Section B.2. at the SSG and available at https://zsrs.org:
- the Accreditation Rules (Akkreditierungsordnung – AO);
- the Cost Rules (Kostenordnung – KostO);
- the Plan of the Arbitration Standby Service;
- the Guidelines for Reimbursement of Expenses.
Further legal bases and information to be observed can be found in the following documents, which are also available at https://zsrs.org:
- the Privacy Policy;
- the Digital Guidelines.
*** End of the Arbitration Rules (SchiedsGO) ***
