A-Resolve System

Arbitration Rules

For Technology, Innovation, and Digital Infrastructure Disputes. Click on any article to expand its details.

Article 1 – Jurisdiction and Scope of Application

1. The Platform shall administer an arbitration only where the parties have expressly agreed in writing that disputes shall be referred to and finally resolved by arbitration administered through A-Resolve in accordance with these Rules.

2. Such agreement may appear:

• in a contract concluded before any dispute arises;
• in a separate arbitration agreement;
• or in a post-dispute written submission agreement accepted by all parties.

3. The submission of a claim to the Platform, by itself, shall not create jurisdiction over any respondent who has not agreed in writing to arbitration under these Rules.

4. Where the Claimant relies on a pre-existing arbitration clause, the Claimant must provide that clause or agreement when commencing the arbitration.

5. Where no prior arbitration clause exists, the Platform may invite the Respondent to accept arbitration by signing a post-dispute submission agreement. If the Respondent does not so agree, the Platform may decline to administer the case as arbitration.

6. Once a valid written arbitration agreement exists, the parties shall be deemed to have accepted:

• the administration of the dispute through the Platform;
• the authority of the Administrator to manage the case;
• the authority of the arbitral tribunal constituted under these Rules;
• and the binding nature of any award rendered under these Rules.

7. The Tribunal shall have the power to determine its own jurisdiction, including any objection concerning the existence, validity, or scope of the arbitration agreement. These Rules are intended for commercial disputes relating to technology, innovation, digital business, startups, software, platforms, AI, blockchain, Web3, digital assets, licensing, SaaS, data use, digital services, and related business relationships.

8. The Platform may refuse to administer disputes that fall outside its subject-matter focus, involve consumers, or otherwise appear unsuitable for administration under these Rules.

9. Where the parties have agreed to arbitration under these Rules, such arbitration shall be the exclusive dispute resolution mechanism for all disputes falling within the scope of the relevant arbitration agreement, except for applications to competent courts for recognition, enforcement, interim relief, or other supervisory relief permitted under applicable law.

Article 2 – Definitions

For the purposes of these Rules:

Platform means A-Resolve, the online dispute resolution platform administering the proceedings.
Administrator means the entity or case management team operating the Platform.
Claimant means the party commencing the arbitration.
Respondent means the party against whom the arbitration is commenced.
Tribunal means the sole arbitrator or the three-member arbitral tribunal appointed under these Rules.
Arbitrator means any person appointed to act as arbitrator.
Notice of Arbitration means the submission by which arbitration is commenced.
Response to Notice means the Respondent’s formal answer to the Notice of Arbitration.
Award means the final arbitral award, as well as any partial or procedural award where appropriate.
Business Day means any day other than Saturday, Sunday, or an official public holiday at the seat of arbitration, unless the Tribunal decides otherwise.
Technology Dispute means a commercial dispute materially connected to software, digital platforms, technology services, AI, blockchain, Web3, IP in technology transactions, startup operations, digital infrastructure, or similar innovation-related business activity.
Online Communication means communication through the Platform dashboard, email, or other approved electronic means.
Seat of Arbitration means the legal place of arbitration, the national arbitraion law of which governs the arbitral proceeding.
Statement of Claim means the written submission filed by the Claimant setting out the facts, legal grounds, claims, relief sought, supporting evidence, and any other information upon which the Claimant relies in support of the arbitration.
Statement of Defence means the written submission filed by the Respondent in response to the Statement of Claim, setting out its factual and legal defenses, any objections to jurisdiction or admissibility, supporting evidence, and any Counterclaim, if applicable.

Article 3 – Model Arbitration Clause

1. Model Technology Dispute Arbitration Clause: Any dispute, controversy, or claim arising out of or in connection with this agreement, including any question regarding its existence, validity, interpretation, performance, breach, or termination, shall be referred to and finally resolved by arbitration administered through A-Resolve Platform in accordance with its Arbitration Rules in force at the time the Notice of Arbitration is submitted. The seat of arbitration shall be [chosen jurisdiction]. The language of the arbitration shall be English. The tribunal shall consist of [one / three] arbitrator(s). The governing law of this agreement shall be [chosen law]. The award shall be final and binding on the parties.

2. Post-Dispute Submission Agreement: The undersigned parties agree that the dispute between them described as [brief description of dispute] shall be referred to and finally resolved by arbitration administered through A-Resolve Platform in accordance with its Arbitration Rules. The arbitration shall be conducted online through the Platform. The seat of arbitration shall be [City, Country]. The language of the arbitration shall be [English]. The tribunal shall consist of [one / three] arbitrator(s). The governing law applicable to the dispute shall be [chosen law or wording to be determined by the Tribunal under the Rules]. The award shall be final and binding on the parties.

Article 4 – Commencement of Arbitration

1. Arbitration is commenced by submitting a Notice of Arbitration through the Platform and payment of the applicable filing fee by the Claimant.

2. The Notice of Arbitration shall include, at minimum:
o the names and contact details of the parties;
o the arbitration agreement relied on;
o a brief description of the dispute and the base agreement/s between the parties;
o the relief or remedy sought;
o the estimated amount in dispute, where applicable;
o the preferred number of arbitrators, if not already agreed;
o the proposed language and governing law, if relevant;
o the key supporting documents then available.

3. The Claimant shall pay the applicable filing fee.

4. The Administrator shall conduct a preliminary completeness review. This review does not determine the merits or final jurisdiction.

5. Within 7 calendar days from receipt of the Notice of Arbitration, the Respondent shall submit a Response to the Notice of Arbitration through the Platform. The Response shall, to the extent available at that stage, include the Respondent’s contact details, any comments regarding the arbitration agreement, jurisdiction, the number or appointment of arbitrators, and a brief summary of the Respondent’s position concerning the dispute. Failure to submit a Response shall not prevent the arbitration from proceeding.

6. If the Respondent wishes to bring a Counterclaim, it shall, on or before the date the Response to the Notice of Arbitration is submitted, file such Counterclaim through the Platform. The Counterclaim shall identify the case reference number of the principal arbitration and include a brief description of the claim, the relief sought, the estimated amount in dispute (if any), and the supporting documents then available.

Article 5 – Notice, Service, and Communications

1. Notices and communications may be effected through:
o the Platform case dashboard;
o email to the addresses provided by the parties;
o and, where appropriate, such additional electronic or physical means as the Tribunal or Administrator considers reasonable.

2. A notice shall be deemed validly transmitted if sent to the last known contact details provided by the relevant party.

3. Parties shall ensure that their contact details remain current throughout the proceedings.

4. Deliberate refusal, evasion, or failure to access communications shall not invalidate notice where reasonable notification steps have been taken.

5. Because defects in notice can later create enforcement risk under arbitral award enforcement frameworks, the Administrator and Tribunal may take additional reasonable steps to ensure effective notice where circumstances require.

Article 6 – Number of Arbitrators

1. Unless the parties have agreed otherwise, the default tribunal shall consist of one arbitrator.

2. A tribunal of three arbitrators may be constituted where:
o the parties have so agreed;
o the amount in dispute exceeds a threshold of 2,000,000 USD;
o the dispute is unusually complex and the Administrator considers a three-member tribunal appropriate.

3. In determining the number of arbitrators, the Administrator may consider efficiency, proportionality, complexity, and fairness.

Article 7 – Appointment of Arbitrators

1. Arbitrators shall be appointed by the Platform unless the parties have agreed on a method of appointment acceptable to the Platform.

2. Arbitrators shall be selected with regard to:
o subject-matter expertise;
o availability;
o independence;
o impartiality;
o and ability to conduct the case efficiently.

3. Before appointment, every arbitrator shall disclose any circumstances likely to give rise to justifiable doubts as to independence or impartiality.

4. The Platform may maintain and use a specialist panel for selecting arbitrators by claim type, industry, independence, and timeline commitment.

Article 8 – Challenge to Arbitrator

1. A party may challenge an arbitrator if circumstances exist that give rise to justifiable doubts as to independence, impartiality, or ability to perform the role.

2. A challenge must be filed within 7 days after the relevant party becomes aware of the grounds for challenge.

3. Unless the challenged arbitrator withdraws or the other party agrees to the challenge, the challenge shall be decided by the Administrator or a designated challenge authority of the Platform.

4. The challenge decision shall be final for purposes of Platform administration.

Article 9 – Jurisdiction of the Tribunal

1. The Tribunal shall have the power to determine its own jurisdiction, including any objection with respect to the existence, validity, scope, or applicability of the arbitration agreement.

2. The arbitration clause shall be treated as separable from the main contract.

3. A plea that the Tribunal lacks jurisdiction shall be raised no later than the Response to Notice, unless the Tribunal permits a later plea.

Article 10 – Conduct of Proceedings

1. The Tribunal shall conduct the arbitration in a fair, impartial, efficient, and proportionate manner.

2. The proceedings shall be conducted primarily online, unless the Tribunal determines that an in-person step is exceptionally necessary.

3. The Tribunal may hold case management conferences, give procedural directions, limit issues, sequence submissions, and adopt such measures as it considers appropriate to achieve a fair and efficient resolution.

4. The Tribunal may decide that the case shall proceed:
o on documents only;
o by written submissions plus one virtual hearing;
o or by another proportionate procedural structure.

Article 11 – Equality of the Parties and Right to Be Heard

1. Each party shall be treated with equality and given a reasonable opportunity to present its case.

2. The expedited nature of the procedure shall not deprive either party of a fair opportunity to be heard.

3. The Tribunal shall take particular care that procedural streamlining does not create avoidable due process objections that could later affect enforcement.

Article 12 – Statements of Case

1. The Claimant shall submit its Statement of Claim within the time directed by the Tribunal or, absent direction, within 7 days of tribunal constitution.

2. The Respondent shall submit its Statement of Defence and any jurisdictional objections or counterclaims within the time directed by the Tribunal or, absent direction, within 7 days after receipt of the Statement of Claim.

3. The Tribunal may permit reply and rejoinder submissions where necessary, but shall aim to keep the submission cycle proportionate.

Article 13 – Evidence

1. The Tribunal may determine the admissibility, relevance, materiality, and weight of evidence.

2. The Tribunal may limit evidence to what is reasonably necessary for a fair determination.

3. Broad discovery shall not apply by default. Any document production shall be limited, targeted, and proportionate.

4. The Tribunal may allow factual witness statements, expert evidence, or technical evidence where genuinely required by the dispute.

Article 14 – Hearings

1. Hearings shall normally be conducted remotely by video or other secure online means.

2. The Tribunal may decide the dispute without a hearing where it considers that a documents-only process is fair and sufficient.

3. A party requesting a hearing shall identify the reasons why a hearing is necessary.

4. The Tribunal may limit hearing duration and scope in the interests of efficiency and proportionality.

Article 15 – Tribunal-Appointed Experts and Technical Assistance

1. Where necessary, the Tribunal may appoint an expert or request technical input on issues relevant to the dispute.

2. The parties shall be given a reasonable opportunity to comment on any expert appointment and any expert report.

3. The costs of such expert assistance may be allocated by the Tribunal in the Award.

Article 16 – Confidentiality and Data Protection

1. The parties, Tribunal, and Platform shall keep the arbitration proceedings confidential.

2. Confidentiality shall apply to:
o filings and submissions;
o evidence and documents;
o procedural orders;
o hearings;
o and the Award.

3. Disclosure may be made where reasonably necessary:
o to enforce or challenge an Award;
o to comply with law or regulatory obligations;
o to protect or pursue a legal right;
o or with the consent of the parties.

4. The Platform shall not be required to retain information provided by the Parties or an Arbitrator following the termination of the arbitration, but may do so for the purposes of its own legal, financial, statistical, or other reporting requirements, without any infringement of confidentiality obligations.

5. The Tribunal shall not be required to retain information provided by the Parties or Platform following the termination of the Arbitration.

6. Processing of personal data shall be subject to applicable data protection legislation. The Platform’s data protection notice and privacy policy is available at [Link].

Article 17 – Expedited Timeline

1. The Tribunal and the Platform shall use best efforts to ensure that the final Award is issued within 6 weeks from the constitution of the Tribunal.

2. This six-week period is the default expedited timeline of the Platform.

3. The Tribunal may extend the timetable where:
o the dispute is unusually complex;
o jurisdictional objections require determination;
o substantial technical evidence is needed;
o multiple parties are involved;
o settlement discussions justify an extension;
o or fairness otherwise requires additional time.

4. The parties may also agree to a longer timetable.

5. Any extension shall be proportionate and recorded by procedural order.

Article 18 – Interim and Procedural Measures

1. The Tribunal may issue interim procedural directions and case-management measures as necessary for the efficient conduct of the proceedings.

2. Any request for interim substantive relief shall be considered in light of urgency, proportionality, and the limits of the Tribunal’s powers under the applicable law of the seat.

Article 19 – Award

1. The Tribunal shall render the Award in writing.

2. The Award shall state the date and the seat of arbitration.

3. The Award shall contain a chronology of events, description of the case, evidences, legal grounds and reasons, unless the parties have validly agreed otherwise and the law of the seat permits.

4. In a three-member tribunal, the Award shall be signed by the majority, with the reason for any omitted signature recorded where appropriate.

5. The Award shall be final and binding on the parties.

Article 20 – Correction and Interpretation

1. Within 7 days after receipt of the Award, a party may request correction of clerical, typographical, computational, or similar errors.

2. Within 7 days after receipt of the Award, a party may request interpretation of a specific part of the Award, if justified.

3. The Tribunal may also make such corrections on its own initiative within a reasonable time.

Article 21 – Costs

1. The costs of arbitration may include:
o filing fees;
o case administration fees;
o arbitrator fees;
o expert fees, where applicable;
o hearing-related costs;
o and reasonable legal or professional costs, where the Tribunal decides to award them.

2. The Claimant shall ordinarily advance the commencement fee required by the Platform to initiate the case.

3. The Tribunal may allocate costs in the Award as it considers appropriate, taking into account the outcome of the case, conduct of the parties, and reasonableness.

Article 22 – Seat of Arbitration, Governing Law, and Language

1. The seat of arbitration shall be Geneva, Switzerland unless agreed otherwise by the parties subject to Model Clauses in Article 3 above.

2. The governing law of the contract shall be the law chosen by the parties subject to Model Clauses in Article 3 above.

3. Failing such choice, the Tribunal shall apply the law or rules of law it considers appropriate, having regards to the connecting factors to the dispute.

4. The language of the arbitration shall be the language agreed by the parties, failing which the default language of the Platform shall be English.

Article 23 – Recognition and Enforcement

1. Awards rendered under these Rules are intended to constitute arbitral awards capable of recognition and enforcement under applicable law.

2. Where relevant, such Awards may be recognized and enforced under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958), subject to the law of the enforcing court and any applicable defenses.

3. Nothing in these Rules shall be interpreted as guaranteeing enforcement in every jurisdiction or in every factual circumstance.

Article 24 – Exclusion of Liability of Platform and Arbitrators

1. To the fullest extent permitted by applicable law, neither the Platform, the Administrator, nor any arbitrator shall be liable to any party for any act or omission in connection with the arbitration, except in the case of proven bad faith, intentional misconduct, or other non-excludable liability under applicable law.

2. This Article shall not prejudice any mandatory rights under the law of the seat or other applicable law.

3. Any claims by a party against the Platform, its officers or employees or otherwise relating to an Arbitration shall be subject to the exclusive jurisdiction of the courts of Switzerland.