Governing Solomaris Arbitration — the Digital Arbitration Institution.
These Rules govern Solomaris Arbitration, the flagship digital arbitration institution operating through the Solomaris Blockchain Arbitration Engine (“the Engine”). They follow the structure common to established institutional rules — the ICC, LCIA, SIAC, DIAC, and the ADGM Arbitration Centre — all of which share a foundation in the UNCITRAL Model Law, the New York Convention 1958, and internationally recognised principles of due process. Where the Engine's on-chain protocol departs from conventional institutional practice — panel selection by verifiable random function, evidentiary hashing, encrypted-ballot deliberation, and automatic smart-contract execution — these Rules state the departure expressly and reconcile it with the Model Law and Convention framework.
Mediation commenced under an arbitration agreement referencing these Rules is governed by the companion Solomaris Mediation Rules. A settlement reached by mediation may be recorded as a consent Award under Article 23 below, giving it the same New York Convention enforceability as an Award on the merits. The evidence-hashing mechanism in Article 14 also underlies Solomaris Verify, the Institution's public document- and record-integrity layer.
This is a first working edition, prepared for internal review and for use in structuring the arbitration clause embedded in Solomaris smart contracts. It is not legal advice and has not been reviewed by counsel admitted in any jurisdiction of intended enforcement.
1.1 These Solomaris Arbitration Rules (“the Rules”) govern the resolution of disputes submitted to Solomaris Arbitration, whether arising from a contract that designates the Rules, from a smart contract that embeds an arbitration clause referencing the Rules, or from any other agreement in writing between the parties to arbitrate under the Rules.
1.2 By agreeing to arbitrate under the Rules, the parties agree that the arbitration is administered by Solomaris and conducted substantially through the Engine, subject to any modification the parties adopt in writing that is not inconsistent with a mandatory provision of the law of the seat.
1.3 Where the parties' agreement conflicts with a mandatory provision of the law of the seat, the mandatory provision prevails to the extent of the conflict; in all other respects the parties' agreement prevails over the Rules.
“Award” means any decision of the Tribunal on the merits, in whole or in part, whether described as a partial, interim, consent, or final award.
“Emergency Arbitrator” means an arbitrator appointed under Article 16.2 to decide applications for emergency relief before the Tribunal is constituted.
“Encrypted Ballot” means the mechanism by which arbitrators record their decision such that no party can determine an individual arbitrator's vote before the result is aggregated.
“Engine” means the Solomaris Blockchain Arbitration Engine, the smart-contract protocol governing filing, evidence, panel selection, deliberation, and settlement.
“On-Chain Record” means the set of hashes, timestamps, and case metadata anchored to the ledger in respect of a case, as distinct from the underlying documents, which are held encrypted off-chain.
“Panel or Tribunal” means the sole arbitrator or the panel of arbitrators appointed to decide a case.
“Secretariat” means the administrative function designated by Solomaris to support the arbitration.
“Seat” means the juridical seat of the arbitration as determined under Article 4.
“VRF” means the verifiable random function used to select arbitrators under Article 10, whose seed and output are published to the ledger and independently verifiable.
3.1 Notice may be given by on-chain message through the Engine's notification protocol, or by any other means agreed by the parties. Notice given through the Engine is deemed received when logged on the ledger.
3.2 A time period under the Rules runs from the day following receipt of the notice that triggers it, and expires at the end of the last day, or the next business day at the seat if that day is not a business day.
4.1 The parties may designate the seat. Absent designation, the Secretariat determines the seat, having regard to the parties' agreement, the dispute, and the suitability of the seat's law to support enforcement under the New York Convention.
4.2 The law applicable to the merits is as agreed by the parties, or absent agreement, as determined by the Tribunal applying the conflict-of-laws rules it considers appropriate.
4.3 The language of the arbitration is as agreed by the parties, or absent agreement, English, unless the Tribunal determines otherwise.
5.1 A party commences arbitration by filing a Notice of Arbitration through the Engine. On submission the Notice is timestamped and its hash anchored to the ledger, and the arbitration is deemed commenced on that date.
5.2 The Notice must identify the parties, describe the dispute and relief claimed, identify the agreement containing the arbitration clause, and state the claimant's position on the number of arbitrators.
5.3 The claimant pays the filing fee fixed by the Solomaris Schedule of Fees on submission of the Notice.
6.1 Within fourteen days of receiving the Notice, the respondent files a Response addressing the matters in Article 5.2 and stating any jurisdictional objection.
6.2 Failure to file a Response does not prevent the arbitration proceeding; the Tribunal treats the allegations in the Notice as denied.
6.3 A respondent advancing a counterclaim states it in the Response, and Article 5.2 applies to it as if the respondent were a claimant.
7.1 On filing, and on response, each party deposits a security sum into smart-contract escrow, in the amount fixed by the Solomaris Schedule of Fees.
7.2 The escrowed sum secures the fees of the Engine and the Tribunal and, on conclusion of the case, is applied and released in accordance with Article 23.
7.3 The Tribunal may direct an adjustment to the required deposit as the proceedings develop.
8.1 Claims arising from the same or related transactions may be filed jointly or, on application, consolidated, provided this does not unfairly prejudice a party or unduly complicate panel selection under Article 10.
8.2 Where more than two parties are joined, the Secretariat adapts the panel selection procedure to preserve the equal right of every side to participate in the draw.
9.1 A dispute is decided by a sole arbitrator unless the amount in dispute, the parties' agreement, or the complexity of the issues warrants a three-member Panel.
9.2 Every arbitrator must hold current Solomaris certification under Schedule 2.
10.1 Arbitrators are drawn from the certified roster by a verifiable random function executed on-chain. The eligible pool, the random seed, and the resulting selection are each published to the ledger and independently verifiable.
10.2 Neither a party nor Solomaris can influence the outcome of the draw. A demonstrated attempt to do so is a ground on which the Secretariat may annul the selection.
10.3 Where the parties' agreement provides for a party-nominated arbitrator, the VRF is applied only to the residual seat or seats.
11.1 Before confirmation, every arbitrator drawn discloses any circumstance that might give rise to justifiable doubts as to impartiality or independence.
11.2 A party may challenge an arbitrator within fourteen days of disclosure, or of becoming aware of the ground for challenge. The Secretariat decides the challenge.
11.3 On a successful challenge, death, resignation, or incapacity, a replacement is drawn by a fresh application of the VRF.
12.1 Every arbitrator must be, and must remain, impartial and independent of the parties throughout the proceedings.
12.2 Solomaris may suspend or revoke certification for breach of the code of conduct in Schedule 2, removing that arbitrator from the eligible pool for future draws.
13.1 The Tribunal conducts the arbitration in the manner it considers appropriate, provided it treats the parties with equality and affords each a reasonable opportunity to present its case.
13.2 The Tribunal may proceed and render an Award notwithstanding a party's default, provided proper notice was given.
13.3 The Tribunal rules on its own jurisdiction, including any objection to the existence, validity, or scope of the arbitration agreement.
14.1 Documentary evidence is submitted through the Engine, hashed on receipt, and anchored to the ledger with a timestamp. The hash, not the document, is written on-chain; the document is held encrypted off-chain.
14.2 Alteration of a submitted document after hashing is detectable by hash mismatch. The Tribunal may treat this as going to the weight of the evidence and the credibility of the submitting party.
14.3 The Tribunal determines the admissibility, relevance, and weight of evidence, and may order production of documents, witness statements, and oral testimony.
15.1 The existence of the arbitration, the pleadings, the evidence, and the Award are confidential, save for disclosure required by law, necessary to enforce or challenge the Award, or consented to by the parties.
15.2 Case metadata sufficient to support the On-Chain Record — case number, timestamp, and outcome hash — may be retained on-chain notwithstanding Article 15.1.
16.1 The Tribunal may order any interim measure it considers necessary, including preservation of assets, evidence, or the status quo, and may require security for it.
16.2 Before the Tribunal is constituted, a party may apply for an Emergency Arbitrator, drawn by expedited VRF, who has the powers in Article 16.1 pending constitution.
16.3 Where assets are held in escrow under Article 7, the Tribunal may direct the smart contract to freeze the escrowed assets in lieu of a separate interim order.
17.1 The Tribunal decides, after consulting the parties, whether to hold a hearing or decide the dispute on the documents alone.
17.2 A hearing may be conducted remotely, in person, or hybrid, at the Tribunal's discretion.
18.1 Where a document is submitted in a language other than the language of the arbitration, the Tribunal may require a certified translation.
19.1 Where the Panel comprises more than one arbitrator, the arbitrators deliberate and record their decision by Encrypted Ballot, decided by majority. Absent a majority, the presiding arbitrator decides alone.
19.2 The content of deliberations and individual votes is confidential and is not disclosed even in proceedings to challenge or enforce the Award.
20.1 The Award is in writing, states its reasons unless the parties agree otherwise, states its date and seat, and is signed by the arbitrator(s).
20.2 On issuance, the Award is hashed and anchored to the ledger, and a copy is transmitted to each party through the Engine.
21.1 In a case proceeding on documents alone, the Tribunal renders the Award within seventy-two hours of the close of proceedings, or such further time as complexity reasonably requires.
21.2 The Secretariat may extend the time for the Award on reasoned request from the Tribunal.
22.1 Within thirty days of receiving the Award, a party may request correction of a clerical or computational error, or an interpretation of a specific point.
22.2 The Tribunal may also correct such an error on its own initiative within the same period.
23.1 Where the parties settle before an Award is rendered — including a settlement reached under the Solomaris Mediation Rules — the Tribunal, on request, records the settlement as a consent Award.
23.2 Where assets are held in smart-contract escrow, the contract executes the Award automatically — releasing escrow, paying fees, and closing the case — without further action by either party.
23.3 Automatic execution under this Article operates as a contractual mechanism the parties pre-authorised at filing, and is not enforcement by compulsion.
24.1 Every arbitration agreement under the Rules is intended to satisfy Article II of the New York Convention; every Award is intended to be valid and enforceable in any of the 172 states party to the Convention.
24.2 On request, Solomaris issues a certified conventional-form copy of the Award, together with the On-Chain Record supporting its verification.
25.1 Arbitration costs comprise the filing fee, the Tribunal's fees and expenses, the Secretariat's administrative charge, and any expert or translation costs, calculated by reference to the Solomaris Schedule of Fees.
25.2 The Tribunal may require further deposits on account of costs as the proceedings progress.
25.3 Emergency Arbitrator fees are credited against final costs if the arbitration proceeds to a full Tribunal.
25.4 Where a settlement under the Solomaris Mediation Rules is recorded as a consent Award, the consent-Award charge is credited by any mediation fee already paid.
26.1 The Tribunal allocates costs in the Award, in principle following the outcome, but may apportion costs differently having regard to the parties' conduct.
27.1 To the fullest extent permitted by law, none of Solomaris, the Secretariat, an Emergency Arbitrator, or a Tribunal member is liable for an act or omission in connection with an arbitration, save for conscious and deliberate wrongdoing.
28.1 A party that proceeds without promptly objecting to a failure to comply with the Rules is deemed to have waived its right to object.
29.1 On a matter not expressly addressed, the Tribunal proceeds in the spirit of the Rules and makes every reasonable effort to ensure the Award is enforceable at law.
30.1 Solomaris may amend the Rules from time to time. The version in force at filing governs the arbitration, unless the parties agree otherwise.
31.1 The Rules are issued in English. A translation is provided for convenience only; the English text governs in the event of conflict.
The applicable filing fees, administrative charges, and arbitrator fees are set out in the Solomaris Schedule of Fees, as amended from time to time by the Secretariat.
An applicant must hold a recognised legal qualification or equivalent professional standing, complete Solomaris's training on the Engine's protocol, and pass an assessment on the applicable law tracks.
A certified arbitrator must disclose conflicts, decide independently, safeguard the confidentiality of deliberations, and refrain from any communication that could compromise the integrity of the VRF draw.
Solomaris may suspend or revoke certification for breach of the Code of Conduct or a sustained finding of partiality, removing the arbitrator from the eligible pool for future draws.