Why E-Arbitration-T Open Source Platform?
The origins of E-Arbitration-T concept date back to 1997 in accordance with the need to implement a dispute resolution system within the Global Trade Point Network of United Nations Transaction Centre (UNTPDC – UNCTAD).
The first lines of work were submitted to the international community by the arbitration expert Eduardo Paz Lloveras manager director of Comercio Electronico Global Spain in 1998 at the Fifth United Nations World Trade Point Meeting.
E-Arbitration-T history – Ten Years ago: The first initiative on E-Arbitration in Europe:
Mr. Eduardo Paz, Comercio Electrnico Global, Spain – “E-arbitration tribunal and e-arbitration rules“. In 1992 UNCTAD launched the first Trade Points with the intention of helping developing countries to take advantage of the opportunities offered by electronic commerce. The Trade Points bring together under a single roof all parties to international trade. The UN Global Trade Point Network consisted of 144 Trade Points in 117 countries. (10/11/1998)
“Mr. Paz, Comercio Electrnico Global, Spain, presented the initiative that he had launched in Spain for arbitration tribunals on electronic commerce. The presentation dwelled on the definition of an arbitration tribunal, the advantages linked to it and the way it functioned.
Arbitration was a process whereby parties involved in a dispute presented their cases to an impartial third party for the purpose of rendering a binding solution. It was not surprising that arbitration became a preferred method of commercial dispute resolution all over the world for a number of reasons. In addition to convenience, flexibility and predictability, it also offered certainty – arbitral awards could be enforced almost anywhere in the world since virtually all trading nations were parties to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and adopted the jurisdictions of the UNCITRAL Model Law. An arbitration process was in general not costly, relatively quick and simple and allowed the prevailing party to cover its costs.
In an arbitration tribunal, parties were free to decide on the number of arbitrators and on the experts who would be designated as arbitrators. The arbitration tribunal would analyze the facts and circumstances and produce the award according to the arbitral proceedings.
Regarding e-arbitration, the arbitral tribunal could conduct it in a manner that it considered appropriate, provided that the parties would be treated on a basis of equality and that at any stage of the proceedings each party would be given a full opportunity of presenting his/her case. The place of arbitration would be as proposed by the parties and the language as decided by the arbitration tribunal. The function of the tribunal would be to state the reason upon which the award is based, apply the law designated by the parties as applicable to the substance of the dispute and decide as amiable compositor or ex aequo et bono only if the parties have expressly authorized it to do so.
In case parties wanted to have their dispute settlements to be brought to an arbitration tribunal, the arbitration clause needed to be included in their contract.” (10/11/1998)
The same year, the concept was validated within the framework of the G7/G8 Project “A Global Marketplace for SMEs Theme 2: SME Requirements – Legal, Institutional, Technical – coordinated by the European Commission, through the “Testbed E-Arbitration Tribunal Project: New Approaches to Solve Conflicts between SMEs Resulting from the use of New Information Technologies in Electronic Transactions”.
Once this phase of academic and theoretical research was over, in 1999, Comercio Electronico Global Spain organised a new consortium for E-Arbitration-T Project inviting European companies, universities and arbitration centres with well-known experience in the different fields that concur on research issues: our electronic arbitration and electronic dispute resolution know-how, technology, legislation and process practice: The European Commission supported this new project organized and submitted by Comercio Electrnico Global with a reasearch grant (European Commission IST-2000-25464).
Finished the European IST Project, Comercio Electronico Global Spain worked in a new system and a new business model (we adopted an Open Source business model) for provide a free of charge, smart and personalised assistance to all organizations and persons involved in a dispute. Also, to simplify and improve the business process flow.
Based on the E-Arbitration-T OS Platform v1 (developed during 2003 – 2004) we already finished the second step of E-Arbitration-T Opensource Platform with E-Arbitration-T Groupware and CRM Suite v.2. that will be available online under free distribution license soon.
E-Arbitration-T Open Source Groupware and Customer Relationship Management Suite v.2 is an online dispute resolution suite for working collaboration in Arbitration Tribunals. It contains many modules, including online case document sharing between all arbitration parties, online Case Calendar (personal calendar and group scheduling, notifications and alarms), Mail (Email (IMAP and POP3) or FeLaMiMail (IMAP only), InfoLog (Arbitration Courts, Arbitrators and parties “ToDos”), arbitrator notes, video conferencing support and phone calls linked to all parties and contacts (customer-relation-management), Parties and Contacts Information (an addressbook to store and share contact information), Content Management System, ODR Forum, and conflict management / dispute resolution WIKI. All E-Arbitration-T applications are based on opensource eGroupware software GPL (General public license). E-Arbitration-T Open Source Groupware and Customer Relationship Management Suite v.2 Screenshot:
The idea was to design and develop a complete new ODR infrastructure from scratch using in a first step a free and OpenSource enterprise collaboration software (eGroupWares), in a second to determine the specific user interfases for online dispute resolution processes.
E-Arbitration-T has worked to desing a technological innovation that will provide ADR tribunals and centres with a set of integrated applications to give their neutrals and clients control over the procedures and operational processes with complete case management tools. Unlike other products which only recognise legal entities the platform will recognise individual people as well as the companies and organisations they represent.
In broad outline, the New E-Arbitration-T Platform will provide electronic support for:
:: Open Source applications for ADR Procedures:
:: Flexible Automation of ADR Procedures:
– intelligent case management
and “what next” guidance
– a visible case map adapted to the needs of the current dispute
:: Document and Evidence Management:
– online forms for guidance in preparation
– secure storage and distribution on submission
:: Real-time Interaction (for all clients and neutrals):
– video conferencing support
– secure trial transcripts
– discussion forums
:: High Security and Integrity Procedures:
– Electronic signatures and other forms of electronic authentication
– Online payment (guarantee deposits, arbitration fees, administration fees, etc.)
:: Multilingual Environment
:: What more? …We are working to squeeze the best technologies to apply them to the mediation and arbitration systems. You can participate in the discussions of this portal and share the informations of your ADR centre. Be in touch with us.
E-Arbitration-T corporate name, product names, website, web contents, domine name, symbols, desings, graphics and advertising material 2001 to 2008 Copyright by Comercio Electronico Global Spain