SECTION I. INTRODUCTORY RULES
Scope of Application
- Where the parties to a contract have agreed in writing that disputes in relation to the contract shall be referred to Truveli, then such disputes shall be settled in accordance with these Rules.
- Where the parties to a contract have not agreed in writing that disputes in relation to the contract shall be referred to Truveli, then such disputes shall be settled in accordance with these Rules subject to all parties having accepted to do so. Acceptance is indicated by registering on the Truveli web site.
- These Rules shall govern dispute resolution on this site in all instances.
Notice, Calculation of Periods of Time
- For the purposes of these Rules, any notice, notification, message, email, communication, or proposal, is considered as received by the parties when it is posted to the Truveli site.
- For the purposes of calculating a period of time under these Rules, such period shall begin to run as soon as a notice, notification, message, email, communication, or proposal is posted, unless otherwise stated by a user.
- Given the international nature of this site,
- all times are Greenwich Mean Time (GMT/UTC), and
- weekends, official holidays or non-business days in any country will not be taken into account in calculating a period of time.
Notice of Action
- The party initiating recourse through this site (hereinafter called the ‘claimant’) shall send to the other party (hereinafter called the ‘respondent’) a Notice of Action. Claimant and respondent are hereinafter referred to as a ‘party’ and together as ‘parties’.
- The Notice of Action shall include the following:
- A request that the dispute be resolved through Truveli;
- The name and email address of the respondent;
- A reference to the contractual clause stipulating Truveli for dispute resolution, if any;
- A reference to the contract out of, or in relation to, which the dispute arises;
- The general nature of the claim and an indication of the amount involved, if any;
- The relief or remedy sought;
- A proposal as to the means of resolution.
- In order for Action to commence the following events must occurs:
- The respondent accepts the Notice of Action. The respondent has a period of time of time (usually three days) within which to accept the Notice of Action. The initiating claimant may, at their own initiative, renew thier request to resolve the dispute using Truveli once;
- All parties must have paid Truveli the filing and administrative fee, if any;
- If any money is involved then the debtor party should transfer the amount to the Truveli Escrow Service and pay the related escrow fee to Truveli;
- If a digital product or service is in dispute then it should be uploaded to the Truveli Property Escrow Service.
- If a physical good is in dispute then the party should use one of Truveli's shipping partners to send the package.
- After the case has commences, Truveli will randomly select the name of person with the qualification of judge and assign them to the case.
- During the course of the proceedings the Judge administering the case may request supplementary deposits from the parties, also placed in escrow. If the required deposit is not paid in full within two days, the judge shall so inform the parties. If such payment is not made, the judge may order the suspension or termination of the process.
The cases shall commence on the day following the completion of the above.
Section II. THE MINI-TRIAL PROCESS
- A list of twenty (20) potential jurors will be automatically selected by Truveli such that no juror will be from the country of either party, nor will they work for the same company in which either party works.
- A prospective juror shall disclose any circumstances likely to give rise to justifiable doubts as to their impartiality or independence. A juror, once appointed or chosen, shall disclose such circumstances likely to give rise to justifiable doubts as to their impartiality or independence to the parties unless the juror has already informed the parties of these circumstances.
- The party will select five (5) jurors from the list of jurors who accepted to participate. Each party will make their decisions based on an interview with each prospective juror. Each interview will be conducted using the Truveli chat feature and will be available for every party to review.
- If the parties are unable to agree on the same five jurors then the appointed judge will select the remaining number from those chosen by one or the other of the parties.
- The jury selection process should not last more than 2 days.
SECTION III. THE PROCEEDINGS
- Subject to these Rules, the proceedings will be conducted in such manner as to ensure that the parties are treated with equality and that each party is given a full opportunity of presenting their case.
- All communication during the proceedings will be in English.
- The proceedings shall be conducted on the basis of written documents and digitized materials (video, recordings, pictures, scanned documents and the like).
- All documents, or information, supplied during the proceedings by one party shall be deemed communicated by that party to the other party when posted to the site.
- Any party may present evidence by witnesses, including expert witnesses, at their own expense.
- Each party shall have no more than three (3) days to file their arguments and evidence to Truveli starting from the day the jury is selected.
- Arguments shall include the following particulars:
- The names and addresses of the parties;
- A statement of the facts supporting the claim;
- The points at issue;
- The relief or remedy sought.
The parties will annex to their statement of claim all documents they deem relevant to their claim, including, in particular, the contract.
Amendments to the Arguments
- No arguments may be ammended after they have been finalized.
- Each party shall have the burden of proving the facts relied on to support their arguments.
- At any time during the proceedings, the judge may require the parties to produce documents, exhibits or other evidence, within such a period of time as the judge shall determine.
- Evidence by witnesses may also be presented in the form of written Statements signed by them.
- If, within the period of five days after the start of the mini-trial, the claimant has failed to communicate his arguments without showing sufficient cause for such failure, the judge shall issue an order for the termination of the proceedings.
- If, within the period of five days after the claimant has filed their claim, the respondent has failed to communicate their arguments without showing sufficient cause for such failure, the judge shall order that the proceedings continue.
- If one of the parties, duly invited to produce documentary evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the jurors may make the award on the evidence before it.
- After each party has completed filing their arguments and evidence, the jurors will review the material and deliberate amongst themselves the merits of the each party's point of view.
- The deliberation period should last no longer than three (3) days starting from the day all arguments have been filed.
- The jury, composed of five (5) juror, must achieve a unanimous position in favor of one party.
Waiver of Rules
- A party, who knows that any provision of, or requirement under, these Rules has not been complied with and yet proceeds with the arbitration without promptly stating his objection to such non-compliance, shall be deemed to have waived their right to object.
SECTION IV. THE AWARD
Form and Effect of the Award
- In addition to making a final award, the jury shall be entitled to make interim, interlocutory, or partial awards.
- The award shall be made in writing and shall be binding on the parties.
- The jurors shall state the reasons upon which the award is based.
- The award is made public.
- The final award shall be considered communicated to the parties when it is posted to the Truveli web site.
- If the law of the country where the award is made requires that the award be filed or registered by a party, that party shall comply with this requirement within the period of time required by law at their own expense. Under no circumstances will Truveli or its representatives be liable for any expense incurred by a party.
Settlement or Other Grounds for Termination
- If, before the award is made, the parties agree on a settlement of the dispute, the judge shall issue an order for the termination of the mini-trial.
- If, before the award is made, the continuation of the mini-trial becomes unnecessary or impossible for any reason not mentioned in the paragraph above, the judge shall inform the parties of their intention to issue an order for the termination of the proceedings. The judge shall have the power to issue such an order unless a party raises justifiable grounds for objection.
- The order for termination of the mini-trial or of the award on the agreed upon terms, shall be communicated by the judge to the parties by posting to the Truveli web site.
Correction of the Award
- Within five (5) days after the receipt of the award, either party may request the judge correct the award of any errors in computation, any clerical or typographical errors, or any errors of similar nature. The judge may within five (5) days after the communication of the award make such corrections on their own initiative.
- Such corrections shall be in writing and posted to the Truveli web site.
- After the five (5) day period no adjustments are possible.
- Within five days after the receipt of the award, either party may request the judge make an additional award as to claims presented in the proceedings but omitted from the award.
- If the judge considers the request for an additional award to be justified and considers that the omission can be rectified without any further proceedings, they shall complete the award within five days after the receipt of the request.
- When an additional award is given it shall be in writing and posted to the Truveli web site.
- The cost of the proceedings for each party will be established by Truveli and publicly posted on the web site. This cost may change from time to time without prior notice.
- The parties are responsible to pay their own costs related to the proceedings.
- The parties are responsible to split the costs related to experts appointed by the Administrator during the proceedings.
Transfer of Property
- If the dispute involves physical goods then the party in possession of the goods will send to the receiving party using the Truveli Shipping Center.
- Upon receipt of the delivery confirmation from Truveli’s shipping partner the funds held in escrow, if any, will be released in favor of the other party or parties.
- For all property in a digital format, uploaded on the Truveli server, both the transfer of the property and the funds will occur at the same time.
Closing a Mini-trial
- When all of the above has been completed the case is closed.
- All cases are archived on the site and openly available to all.
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