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- Classical disputes when an asset holder claims damage and demands remedies;
- Requests for emergency intervention for bug issues or account freezes;
- Requests from interested parties to data on or related to the EOS blockchain; or
- Requests including legal processes from foreign courts.
Arbitrators
The Forum is managed by active arbitrators. Arbitrators are appointed by community referenda referendum and can be revoked with the approval of two of the three heads of power: Block Producers, Community, and the Forum.
In the case of Disciplinary disciplinary action against an Arbitrator, the forum Forum may intervene and remove the arbitrator Arbitrator against he or she’s will. The forum Forum may also establish a process to replace an arbitrator Arbitrator who is unfit to conduct a particular case.
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- Claimants: the filing party(s).
- Respondents: the party(s) to whom the complaint is addressed.
- The Complaint: Examples include bugs in smart contracts, or being defrauded.
- The Relief: the actions requested by the claimant(s).
All disputes are recorded. If the filing is inadequate for lack of information or poor formatting it may be rejected with explanation. Those who abuse the right to file disputes will be fined.
Upon acceptance, a notice of arbitration is sent to all parties. The notice is sent to the Member’s account on the blockchain and a messages message record of delivery is recorded.
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An emergency measure of protection may be issued by any party during proceedings. If it is issued before arbitral the arbitration proceedings begin, then an arbitrator Arbitrator will be appointed to consider the request for emergency relief.
The emergency arbitrator Arbitrator has the authority to order or award any interim measures deemed necessary. Once the emergency has be processed, the arbitrator Arbitrator assigned may decide to continue the case if further urgency is required, otherwise the case will continue normally.
The Arbitration
Composition of an
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Arbitration Tribunal
One Arbitrator is appointedThere is one Arbitrator assigned to each case. The Forum selects the Arbitrator and he or she must be independent from the parties and any other relevant processes. The Arbitrator may refuse to handle a case due to conflict of interest or may resign if a conflict arises. Parties may choose to challenge an Arbitrators appointment, but must do so conservatively, with substantial evidence to back up the their claim.
Appeals and Disciplinary cases are heard by a panel of three, led by a senior Arbitrator. In special circumstances, the senior Arbitrator may request two additional arbitrators to join.
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- Be independent;
- Maintain a balance of power between parties;
- Give each party the ability to present their case fairly and respond to claims made by opposing parties;
- Conduct a fair and expeditious process, without undue expense and burden; and
- Maintain a record of all communications.
Legal Framework
The Constitution is the zenith of governing law. But, additional governing law may be chosen as a public good. This does not enter the parties into the jurisdiction of the governing law.
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- It is deemed important to the substance of the case by the Arbitrator.
- an An applicable contract varies the choice of law and the substance of the case is found within that contract.
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- who members of the Community are;
- that all members agree to binding Arbitration in the Forum of dispute resolution;
- the governing law; and
- that all members are obliged to maintain good working communication pursuant to section 3.4.
External Courts
An external court may exert jurisdiction to decide on issues needing legal remedies. These include:
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- The existence and nature of a case;
- The name of the Arbitrator;
- The general status and progress;
- The existence of any orders; and
- The existence of any submissions by an external court.
The Forum is transparent as well, and the following are usually published to the community:
- A reference to the parties;
- The detailed status and progress of the case, including a summary of communication;
- Any emergency measures, orders, or rulings; and
- The final ruling.
Specific submissions and evidence typically remains confidential, but the decision is at the Arbitrators discretion. The Arbitrator must seek to strike a balance between transparency of in the Community without violating the privacy interests of the parties involved. If relevant elements of the ruling are to be kept private, the public should be informed of the reasoning behind the decision.
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A review may be requested of for a case by filing a dispute. These appeals must outline:
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All appeals should be filed within a reasonable time after the issue becomes known to the Party. Filings that do not address the above will not be accepted. Issues that were believed to be addressed sufficiently within the original case should not be accepted. An Appeal's Panel will hear the case and deliver a final, binding Rulingruling.
Parties have the right to seek judicial review from their local court, including petition to overturn a ruling. But it should be noted that courts will typically enforce the previous rulingsprecedent.