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  • 7.10.4-ARBITRATION-TECHNICAL: HEARING, AWARD, APPEAL

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  • Technical: Hearing, award, appeal

     
     

    The date and the organization of the hearing are arranged by the umpire and DKV notifies the parties in writing. Arbitrators examine the written submissions and may invite further voluntary evidence from outside witnesses and experts. Both parties to the dispute are also summoned for oral pleading of their case. A legal adviser, nominated by the panel, attends all meetings and participates in the deliberations but has no vote. Decisions are reached by simple majority vote and the award, setting out the grounds for the verdict, is delivered in writing through the DKV secretariat.

    Appeal: There is no appeal as such against a DKV award. An award can be submitted to the Hamburg Hanseatic High Court which is competent for all judicial rulings and functions required in accordance with German civil process law (ZPO). If the court disaffirms the award on formal legal grounds then the arbitration must be repeated, with the same arbitrators and umpire officiating unless the court specifically ruled otherwise.