What is Armistice – What is Arbitration?
1. Armistice is an online platform providing access to a panel of Armistice as set out on the Arbitration Panel tab of the website www.armistice.ie
2. Arbitration is a mechanism to resolve disputes and is binding on the parties who submit to the services.
3. It is acknowledged that there is no right of appeal from the decisions of the Arbitrators in respect of each matter which comes before them for adjudication and users are on notice that each dispute that is submitted for arbitration through the Armistice Platform is a private civil dispute and they agree to be bound by the determination or adjudication of the arbitrator.
How does it work?
4. Persons who are desirous of resolving a dispute can apply through Armistice to schedule a hearing. The hearing may be held remotely or physically. It is up to each applicant to choose a provisional date and their choice of Arbitrator and a reserve choice should the first Arbitrator not be available.
5. At that point the dates marked are provisional only and are not binding.
6. Armistice shall contact the Arbitrators in question and subject to their availability shall make arrangements for suitable dates.
7. To secure those dates the users will be required to lodge the fees within 24 hours otherwise those dates shall lapse and be available for other parties.
8. No responsibility is accepted for dates lost as a consequence of the non-payment of full fees to secure the date.
9. Once the date is secured, the parties will be provided with an online space and log in credentials.
10. If support is required the Armistice, may at its sole discretion, assist in whatever way it deems appropriate to assist the parties in accessing and utilising the platform on a case by case basis.
11. The Parties to a dispute (the Parties) will be required to lodge a case stated via the Armistice Platform and such case states shall be in paginated PDF format, Helvetica Font, size 10-12 and no more than 20 pages in length.
12. There shall be no need for supporting documentation or appendices in the case stated.
13. The Arbitrator may, if he or she considers it necessary due to the complexity of the dispute or otherwise hold a preliminary hearing via the platform for case directions.
14. In those circumstances Armistice shall schedule a preliminary hearing (if required) for case directions and the half day hearing rate shall apply as set out in the fees section of the website and these terms and conditions.
15. Each party will have the use of their Spaces Area to upload any supporting documents they wish to rely on but it is suggested and ideal to maintain one core book of supporting documents in a PDF format.
16. Once a hearing date is allocated then the parties will be required to sign an Arbitration Agreement which will set out the usual clauses as to non-disclosure and confidentiality, agreement to abide by the decision and a waiver and indemnity in this regard.
17. The default arbitration agreement relies on the 2010 Arbitration Act but this may be amended by consent between the parties.
18. The parties will proceed to hearing as required.
19. Once the hearing is completed, including any witnesses, or in the alternative if the case is submitted for arbitration on the documents then a decision will issue from the Arbitrator.
20. Once the decision is acknowledged by the parties all the client data will be securely deleted from our servers.
Confirmation of Legal Identities
21. Armistice Limited an Irish Limited Company bearing CRO Record Number 672045 and having its registered address at 8 Windsor Place, Pembroke Street Lower, Dublin 2, D02 XE04 (Armistice) operating an arbitration platform in partnership with Space command Pty Ltd CAN 639 435 865 “Modron” through the use of the Modron Spaces Platform.
22. The Arbitrators are self-employed practicing legal professionals and are not employees of Armistice and this is expressly acknowledged by all persons.
Acceptance of terms
23. These terms supersede any other agreement, representation or other communications between the Parties and Armistice which may have occurred.
25. It will be required, as part of an Arbitration to circulate further legal documents such as an Arbitration Agreement which shall be read as the terms which govern the relationship between the users and the Arbitrator who is a distinct and independent service provider and who is not bound by these terms which are between the users and Armistice.
26. It may be required, as part of an Arbitration to circulate further legal documents such as non-disclosures, waivers, and these will be matters for each user.
27. Armistice will work on a case by case basis to incorporate whatever terms and conditions are in being between the parties and if this necessitates a disruption to our normal business operations which incurs an additional cost may charge a reasonable fee for doing so to recover this additional cost.
28. Once the arbitration fee is paid by all parties to an arbitration then a matter will be created and log in credentials will be provided.
29. No more than 5 log in credentials shall be provided for each party on sign up with the exception of credentials which will be required for witnesses. A witness list should be submitted with the initial query together with their contact details. Armistice accepts no liability for any breaches which occur if users supply incorrect contact emails or email addresses to the service.
30. All users are responsible for the security of their credentials and shall not share them with any third parties. If they are compromised users should bring this to the attention of Armistice immediately so that they can discontinued and replaced as required.
31. By creating a user account users represent and warrant that all persons are over 18 years of age and are properly authorised by the representative user to have access to the totality of the case file documents.
Security and Access to the site
32. The site is an online platform and users must provide their own computers and computer equipment including cameras and microphones and warrant that they are fit for purposes for an Arbitration.
33. It is a requirement that users arrange their own internet access and ensure that those connections are secure and capable of supporting the technology.
34. Armistice accept no liability for any lags, delays, or other inconvenience caused by any malfunction, infection or other interference which is occasioned by the use of the users computer equipment.
36. Users agree to bring any breaches or potential breaches to the attention of Armistice immediately upon this knowledge becoming apparent.
37. Users warrant, agree and indemnify Armistice for any software viruses, worms or any harmful code that they may upload to the site and agree to indemnify Armistice, Modron and any other users that suffer any loss or damage as a consequence of such material being disseminated.
38. Users agree that the documents that are uploaded onto the site by any other user are not to be downloaded, videoed and stored or disseminated in any way before, during the currency of hearing and after in any way.
39. Armistice reserves the right to remove, block or otherwise restrict any material at its absolute discretion.
40. Armistice reserves the right to refuse services and to terminate the Agreement at any time if there are a breach of these Terms and Conditions without any right of compensation to the users.
41. You consent to grant to Armistice and Modron a perpetual, irrevocable, royalty free licence to process all data you upload to the Platform.
42. Armistice is the owner or licensee of all Intellectual property rights in the site.
43. Armistice reserves the right to refuse services and to terminate the Agreement at any time if there are a breach of these Terms and Conditions without any right of compensation to the users.
Subcontractors and Employees
44. Armistice may appoint subcontractors and employees to manage the obligations under the agreement without the users prior consent and use all endeavours to ensure that the terms of this agreement apply to those subcontractors or employees as is required.
45. Fees are as set out in the fees section of the website.
46. It is a requirement of the user of the service that fees are collected in advance.
47. Armistice will collect the fees on behalf of the Arbitrators and is a disclosed agent in doing so.
48. Fees shall attract Irish VAT at the applicable rates in time being for professional services.
49. All disputes shall in the first instances sought to be resolved informally. If a dispute is required to be ventilated it shall be placed in writing.
50. Armistice shall have 30 days to resolve a dispute before any recourse to any legal action is required.
51. The parties agree that all disputes incapable of being resolved within 30 days shall be settled by binding arbitration between the parties and such arbitrator to be appointed by agreement between the parties.
Governing law and Jurisdiction
53. Armistice Limited an Irish Limited Company bearing CRO Record Number 672045 and having its registered address at 8 Windsor Place, Pembroke Street Lower, Dublin 2, D02 XE04 (Armistice) operating an arbitration platform in partnership with Space command Pty Ltd CAN 639 435 865 “Modron” through the use of the Modron Spaces Platform
55. Armistice will process your data in accordance with the Irish Data Protection Acts as amended and the General Data Protection regulation.
56. By uploading your details and documents to the site you are consenting to the processing of your data on servers by Armistice, its sub-contractors or employees, Modron, it’s sub-contractors or employees, and the Arbitrator and their employees, or any other persons that you consent to access the data during the currency of your services.
57. Your data will be held on servers that are located in the European Union.
What data we collect
59. We collect data through online forms and data that you upload onto the Platform.
How do we process your data
60. Your data will be held on Modron’s servers and stored securely. It will also be available to the Arbitrators during the currency of your Arbitration service.
61. The data will be processed as is required for the function of the service which is to facilitate the hearing of virtual hearings for the resolution of disputes.
62. We will seek to hold your data securely and confidentially and will not otherwise disclose, sell or transfer your data unless compelled by law.
63. We cannot and do not guarantee that your personal information will be protected against unauthorised access or misuse or abuse. We do not accept any liability for the improper actions of unauthorised third parties.
Deletion of Data
64. You may request the deletion of your data at any time by contacting the privacy controller at [email protected]
65. At the conclusion of your matter your data will be securely destroyed.
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Security of your Personal Information
We will take all reasonable steps to protect the security of the personal information that we hold. This includes taking appropriate measures to protect electronic materials and materials stored and generated in hard copy. We also take reasonable steps to destroy or permanently de-identify your personal information where it is no longer required and to protect your personal information from unauthorised access, disclosure, loss, misuse and alteration.