In addition to cases involving fraud and cyber-scams, privacy violation, software development, contracts and IT projects, the International Chamber of Arbitration and Mediation of Information Technology, e-Commerce and Communication (CIAMTEC) will also act in disputes over internet domains
Brazil already counts with an independent Arbitration Chamber for dispute resolution and conflicts involving fraud and cyber-scams, unfair competition, privacy violation, collective purchasing, software development, digital media, contracts and IT projects, informatics bidding process, virtual money, among others themes.
Established in 2013, the CIAMTEC – The International Chamber of Arbitration and Mediation of Information Technology, e-Commerce and Communication has only initiated its activities recently. The Chamber acts as an Arbitral Tribunal composed of experts in law and laws applicable to IT, which may resolve complaints and legal issues in the sector if nominated by the parties, as stated by Arbitration Law.
Headquartered in São Paulo and with offices in other cities (including Curitiba, Rio and Goiânia), the Chamber is structured to resolve simultaneous disputes, offering more celerity for the processes. Even at distance, the Chamber holds meetings and hearings (including videoconferencing) with the participation of those involved in a process.
“We have been witnessing a considerable increase in polemic and controversial issues on the internet as network penetration increases virtual purchases and electronic transactions. Frequently these issues are presented to arbitrators without background in technology, raising the risk of unwise and unsafe decisions. Considering this scenario, we now offer companies and users the possibility of electing arbitrators with vast knowledge in the matter. These arbitrators will be able to give guidance on applicable measures in cases involving the constant technological changes”, says José Milagre, founder and mastermind of the project.
The pursuit of the right decision has motivated the publicist Marco Ribeiro to make use of CIAMTEC. Marco, owner of an advertising agency that develops internet products, now includes an arbitration clause in his contracts. Whenever there is a dispute, a Chamber’s arbitrator will be appointed to the discussion and resolution. “We deal with many issues surrounding digital advertising, technology, applications, licenses with specific terms and contracts. Therefore we seek necessary legal certainty so that any possible discussion will be handled by someone who minimally understands what we’re talking about”.
Another subject approached by CIAMTEC are the disputes for internet domains. Since 2012, the Brazilian Network Information Center (NIC.br), organization that operationalizes the decisions of the Brazilian Internet Steering Committee (CGI.br), has an agreement with the arbitration chamber specialized in the resolution of domain disputes included in the network of the Brazilian Association of Intellectual Property (ABPI). In addition to them, the CCBC – Chamber of Commerce Brazil-Canada and the WIPO – World Intellectual Property Organization are accredited to arbitrate questions about domains. Currently CIAMTEC also joins efforts to make the resolution of conflicts involving domains faster and technically more reliable.
“In Brazil the arbitration is ruled by the Law 9.307/1996, however few are conscious of the advantages of selecting an arbitrator in an Arbitration Chamber instead of a common judge which offers celerity and flexibility […], when the case involves technology, there is the guaranty to rely on arbitrators with expertise in the subject, avoiding legal uncertainty and erroneous decisions”, explains Rafael Maciel, responsible for the arbitration in the state of Goiás.
Beyond the resolution of eventual disputes and problems that may arise between the parties, the Chamber will also be able to act in conflicts helping with mediation, providing all the parties fast attendance of their needs. The goal is to promote agreements and avoid actions that overburden the Judiciary. As Marcio Luís Marques, first secretary and responsible for CIAMTEC’s arbitration and mediation in the State of Rio de Janeiro, explains, the main objective is to give a technically adequate solution to the conflicts in technical related questions.
According to Marcio, time is the preponderant factor considering the potential loss factor when resolving technical conflicts. Six months can be a fatal in terms of time for a technology company that is in a dispute in court, but this may be the time for a simple petition in a traditional process.
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