Resolver Rules and T&Cs  

Conduct of Arbitration 

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These rules apply to any arbitration arranged and/or facilitated by Resolver.Law Ltd ("Resolver")

 

1.1. The language of the arbitration shall be English. 

1.2. The governing and substantive law to be applied both in the arbitration and in connection with these rules and terms and conditions shall be the law of England and Wales

1.3. The seat of the arbitration shall be London.

1.4. The overriding objective of the Tribunal appointed under these rules shall be to give effect to the principles set out in sections 1 and 33 of the Arbitration Act 1996. 

1.5. It shall be the duty of the parties to do all things necessary for the proper and expeditious conduct of the arbitration. 

 

2. Resolver shall publish a schedule of fees which shall be available on Resolver’s website at https://www.resolver.law/fees. Any reference to a fee payable under Resolver’s schedule of fees is a reference to the fee payable under the fee schedule published on Resolver’s website on the date that the Claimant sends a notice of dispute in accordance with this agreement. 

 

3. The party commencing arbitration (“the claimant”) shall send to the other party (“the respondent”) and Resolver a notice of dispute by email, which shall include:

 

a. a copy of this agreement;

b. demand that the dispute be referred to arbitration; 

c. the parties and their respective names, addresses and email addresses; 

d. a reference to this arbitration clause; 

e. a description of the nature and circumstances of the dispute; 

f. details of any allegations relied upon in support of the claimant’s position;

g. any arguments of law the claimant wishes to rely upon;

h. a statement of the relief sought, including the value of the claim; and

i. any documents which the claimant intends to rely upon or is directly relevant to the dispute.

 

4. Notices of dispute are to be sent to disputes@resolver.law and the email address for the Respondent specified in the arbitration agreement and/or contract which is the subject of the dispute. In the event that no email is specified in the arbitration agreement, notices of dispute should be served by first class post or courier as well as to any known email address. In such cases, the Claimant should email disputes@resolver.law confirming that postal or courier service has been effected. The date of deemed service for valid email service shall be the day on which the notice is sent via email. The date of deemed service for postal or courier service shall be that specified in rule 6.17 of the Civil Procedure Rules 1998. 

 

5. The party commencing arbitration must pay to Resolver the fee due under Resolver’s schedule of fees within 3 days of sending a notice of dispute. In the event that the fee is not paid within this time, Resolver shall be entitled to refuse the claimant’s demand for arbitration and the claimant shall not be entitled to bring proceedings in relation to the matters set out in the notice of dispute. 

 

6. The arbitral tribunal (“the tribunal”) shall consist of a sole arbitrator to be appointed by Resolver. Within 7 days of payment of the requisite fee for the notice of dispute, Resolver shall appoint an arbitrator who must be entitled under the Legal Services Act 2007 to conduct reserved legal activities. 

 

7. Within 14 days of receiving a notice of dispute from the claimant, the respondent must send a notice of response to Resolver at disputes@resolver.law and the claimant. The respondent must pay the response fee due under Resolver’s schedule of fees  within 3 days of sending a notice of response. In the event the respondent does not pay the required fee by the point the case falls to be determined, the arbitrator shall have no regard to the respondent’s documents when determining the dispute. The notice of response must set out: 

 

a. which allegations in the notice of dispute the respondent admits; 

b. where the respondent denies an allegation, their reasons for doing so; 

c. any version of events the respondent wishes to put forward;

d. if the respondent disputes the value of the claimant’s claim, the respondent’s own assessment of the value of the claim;

e. details of any set-off defence advanced, although any counterclaim seeking an award must be advanced by a separate notice of dispute; 

f. any arguments of law or fact the respondent wishes to advance in support of its position; and

g. any documents which the respondent wishes to rely upon or which are directly relevant to the dispute.

 

8. If an allegation is made in the notice of dispute and is not denied in the notice of response, the respondent shall be taken to admit the allegation. 

 

9. Within 7 days of receipt of the notice of response, the claimant may submit further submissions (“the reply”) and documents responding to issues raised in the notice of response. Any further documents submitted under this paragraph are to be limited to ten pages in total length. Unless the tribunal directs otherwise, submissions and documents longer than ten pages are to be rejected and the tribunal shall have no regard to them. There shall be no additional fee for submitting a reply. 

 

10. On application, the tribunal shall have the power to both prospectively and retrospectively extend time for compliance with any step required under these rules. Any application for an extension shall be limited to five pages in total length and shall not be considered until the applicant has paid the application fee due under Resolver’s schedule of fees.  

 

11. Unless the tribunal directs otherwise, it shall not conduct a hearing or meeting in respect of any dispute referred to it, but rather shall decide the dispute on the basis of documents submitted to it. Unless the tribunal directs otherwise, it shall make an award or otherwise determine the dispute within 14 days of the time limit for the submission of the reply elapsing. 

 

12. The general rule is that the tribunal shall make an award concerning the dispute or any matter relating to the dispute on the basis of written evidence alone. It shall not be obliged to hear oral submissions or oral evidence. It may, at its absolute discretion, propose to hold a hearing and hear oral evidence and/or submissions, but it shall only do so if both parties agree to an oral hearing and/or the hearing of oral evidence in writing and pay the requisite fee set out in Resolver’s schedule of fees within 14 days of communicating written agreement to an oral hearing and/or the hearing of oral evidence. Such a hearing is likely  to be conducted by video conference. 

 

13. The tribunal’s award shall be final and binding on the parties. The parties undertake to carry out any award immediately and without delay, and the parties irrevocably waive their right to any form of appeal, review or recourse to any court or judicial authority in so far as such waiver may be validly made. Judgment on any award issued under this agreement may be entered by any court of competent jurisdiction. 

 

14. Each of the parties shall bear its own legal and other costs in the arbitration proceedings, and the fees and expenses of the arbitrators and Resolver shall be borne by the parties in accordance with Resolver’s schedule of fees. 

 

15. Without prejudice to the availability of such remedies in aid of arbitration as may be available under the jurisdiction of a competent court or other judicial authority, the tribunal shall have full authority to grant interim measures of protection and to award damages for failure by any party to comply with any such order. 

 

16. By agreeing to arbitration through Resolver, the parties shall not be precluded from seeking interim measures of protection from a court of competent jurisdiction or other judicial authority.

 

17. The parties agree that it shall be a term of their engaging both Resolver and the tribunal appointed by Resolver that they agree not bring or threaten to bring any claim or proceedings against Resolver, its officers, employees or shareholders nor against the tribunal appointed by it for any facts arising out of or in connection with the arbitration or these terms and conditions in any court or tribunal in any jurisdiction. This term shall form part of the contract between Resolver, the Tribunal and the parties. 

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18. The parties agree to keep the terms and existence of any arbitration award and all the circumstances surrounding it strictly confidential and agree not to disclose, communicate or otherwise make public the same to anyone (save to their respective professional advisers, lawyers,  auditors, the relevant tax and statutory authorities and otherwise as may be required to be disclosed by law.

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Data, Privacy and Intellectual Property

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19.  The trade marks, copyright, database rights, and other intellectual property rights displayed on Resolver.law and in the information, content, material, or data that Resolver displays on this website Site is the property of Resolver.Law Ltd or our licensors, and all such rights are reserved.  You must not use such information or copyright material unless you have written permission from us to do so.

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20. You may temporarily print, copy, download or store extracts of information, content, material, or data displayed on Resolver.Law Ltd for your own personal, non-commercial use, provided you do not otherwise breach these Terms and Conditions.

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21.  All rights in Resolver are owned by or licensed to Resolver.Law Ltd.

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22. You will retain ownership of any content, information or data that you submit to us whether through this website or by other means including via email, post or social media. However, by submitting such data to us, you grant us a perpetual, irrevocable, transferable, world wide royalty-free and unlimited licence to use such content, information or data in any manner and for any purpose. For the avoidance of doubt this includes data or information submitted in the course of a dispute by any party and the arbitrator awards and reasons generated by any Tribunal appointed by Resolver.Law Ltd. 

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23. Resolver.Law Limited is not authorised to provide reserved legal services under the Legal Services Act 2007 and is not authorised or supervised by any legal regulator. 

 

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