Arbitration proceedings are generally much faster than legal proceedings. The first negotiations can take place within just a few weeks. The arbitration decision is final and binding.
The arbitrators involved in arbitration proceedings are legal experts who also have in-depth technical knowledge as a result of their work.
The ITDR's mediation and arbitration proceedings are confidential, unlike ordinary court proceedings, whose judgments are published. Confidentiality is important when information critical to the company is involved.
Data sharing often involves companies working across national borders. Arbitration is recognised internationally by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Flexibility and transparency
Arbitration offers the parties greater flexibility in terms of the organisation and conduct of the proceedings. They can determine for themselves the language, conduct, stages and pace of the proceedings, which contributes to the predictability of costs.
Choice of arbitrators
The parties can choose the arbitrators or participate in their selection. This increases confidence in the neutrality and professional competence of the arbitrators.
Source: Swiss IT Reseller, October 2023, p. 61