The same force of law
In principle, an arbitration ruling has the same force of law as a ‘normal’ ruling. The ruling can be filed with the court registry if the parties so agree. If the arbitration ruling is not implemented, the court in interim relief proceedings may be asked to grant leave to enforce implementation. Such leave will only be refused if the arbitration ruling is evidently contrary to public order or morality. Once leave has been obtained, a bailiff may be engaged who can, for example, seize the property of the other party in order to enforce implementation of the ruling.
Arbitration is an internationally recognized form of settling disputes. Many countries have signed the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
The main advantage of arbitration is that the arbitrators, unlike judges, are specialized; in the case of SGOA, they are specialized in disputes in the IT and security sector. Arbitration boards are always multidisciplinary: they consist of top-class lawyers with experience of procedural law and IT, privacy and security conflicts, and experts with a track record in information technology, privacy and security.
SGOA’s arbitration proceedings are fast. Our lead times are relatively short so that total completion times remain limited. In principle the parties choose the arbitration board. The sessions of that arbitration board then take place in the Netherlands or abroad, to be decided on in consultation between the parties and the arbitration board. In urgent cases, arbitration can be arranged in a matter of days in summary arbitration proceedings. This will be done, for example, if a temporary measure needs to be taken in an IT project that must continue despite the dispute.
Arbitration is appropriate
Court proceedings are preferred
Arbitration is an alternative to court proceedings. You can find the rules for instituting and conducting arbitration in SGOA’s Arbitration Rules. The arbitrators at SGOA will record their binding decisions in one or more arbitration rulings.
If you are unable to wait for the case to be dealt with in standard arbitration proceedings, you can choose for summary arbitration proceedings.
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