How it Works?

1. Is ITDR independent?

Yes, generally ITDR has no ties to any other organization or interest group. The association's board is a diverse body and includes individuals from the world of academic law, government and vendors and users of information and communication technology. ITDR does not have a profit objective and is completely self-supporting financially. ITDR’s arbitrators and mediators are experts who handle the ICT disputes work in a variety of sectors. So, ITDR is completely independent.

2. How does the cooperation with Swiss Arbitration Center work?

ITDR closely cooperates with Swiss Arbitration Center. Swiss Arbitration Center acts as a hub and supports ITDR with knowledge an manpower. The basic rules of ITDR are those of Swiss Arbitration Center with specifications for ITDR cases. The procedures are administered by the Swiss Arbitration Center office. Swiss Arbitration Center itself is completely independent too.

3. What kind of disputes can I submit to ITDR?

ITDR deals with a wide variety of conflicts in the field of organization and ICT. These can be disputes in Switzerland or abroad, and disputes that are organizational, technical, commercial or legal in nature. However, in all cases you and the opposing party must be agreed on the decision to submit your conflict to ITDR. To give some examples, conflicts can be about:

1. Organizational change processes that have got out of hand
2. Mistaken advice from consultants
3. ICT projects that are getting nowhere
4. Determining the price consequences of additional work/cancelled work
5. Professional errors by ICT experts
6. Software piracy or violation of software rights
7. The supply of faulty hardware or software

4. Do I need to engage a lawyer before approaching ITDR?

Yes, generally ITDR has no ties to any other organization or interest group. The association's board is a diverse body and includes individuals from the world of academic law, government and vendors and users of information and communication technology. ITDR does not have a profit objective and is completely self-supporting financially. ITDR’s arbitrators and mediators are experts who handle the ICT disputes work in a variety of sectors. So, ITDR is completely independent.

5. How does ICT mediation work?

In ICT mediation, the parties to the dispute take control of the situation and work on resolving their conflict themselves. This process is managed by an independent mediator and co-mediator. In this straightforward procedure, the mediators ensure that all interests are properly and efficiently put on the table. If necessary, the mediators can also mediate between the parties. Only then is it possible to achieve a win-win situation for all parties. In ICT mediation, a wide range of potential solutions or arrangements can be discussed in an open atmosphere. These can be answers to technological, commercial or legal issues, for instance. The agreements made by parties in an ICT mediation procedure can be recorded in a settlement agreement, if required. Another option is for the mediators to give the parties a non-binding ruling on the conflict. 

6. In what kind of situations might you initiate summary arbitral proceedings?

A conflict about an ICT issue can be so urgent that you feel a temporary measure needs to be taken without delay. In such a situation, it may not be sensible to go through standard legal proceedings via the regular courts or ITDR’s arbitrators first. One example of such an urgent dispute is where an ongoing ICT project has reached a crucial turning point and one of the parties is refusing to cooperate. A temporary solution to the problem can be requested in a fast summary arbitral procedure arranged by ITDR. After a ruling has been given in the summary arbitral proceedings, there can be separate proceedings ‘on the main issue’ of the case if required.

7. Can the regular courts call on ITDR?

Yes. If a regular court has to consider an ICT dispute in a court case, the judge may call on an ICT expert to provide information concerning the ins and outs of the problem. After all, ICT disputes are often highly complex. Judges will often be insufficiently familiar with ICT matters to assess the case entirely on the basis of their own knowledge. ITDR has various ICT experts who are able to give the courts their objective, expert opinion from an entirely independent perspective. The right expert for the ICT problem in question can be selected in consultation with ITDR.

8. How long does a procedure take at ITDR?

ITDR always seeks to settle disputes quickly. The time taken to deal with a dispute obviously depends partly on the complexity of the case and the extent to which the parties cooperate. This means completion times vary from case to case. ITDR’s procedure completion times have been analysed and turn out to be shorter on average than proceedings in the regular courts.

9. How much does an ITDR procedure cost?

The costs of an ITDR procedure consist of a number of different items. In addition to a one-off registration fee and administrative charges, which must be paid in every case by both the claimant and the respondent, there are charges for the activities of the arbitrators, mediators, experts and the secretary, based on the applicable hourly rate. Any other costs incurred are also payable. In its rulings, ITDR may also take a decision regarding an appropriate allocation of the legal costs to the parties to the dispute.

10. Are the ITDR costs covered by my insurance policy?

The costs of an ITDR procedure consist of a number of different items. In addition to a one-off registration fee and administrative charges, which must be paid in every case by both the claimant and the respondent, there are charges for the activities of the arbitrators, mediators, experts and the secretary, based on the applicable hourly rate. Any other costs incurred are also payable. In its rulings, ITDR may also take a decision regarding an appropriate allocation of the legal costs to the parties to the dispute.

11. Do I need to be a member of ITDR in order to submit a dispute?

The costs of an ITDR procedure consist of a number of different items. In addition to a one-off registration fee and administrative charges, which must be paid in every case by both the claimant and the respondent, there are charges for the activities of the arbitrators, mediators, experts and the secretary, based on the applicable hourly rate. Any other costs incurred are also payable. In its rulings, ITDR may also take a decision regarding an appropriate allocation of the legal costs to the parties to the dispute.