ITDR is the Institution for IT and Data Dispute Resolution, based in Zurich [UID 229.270.797]. ITDR provides services for national or international IT and Data Privacy conflict resolution with ties to the Swiss jurisdiction.
ITDR is the Swiss organization of the network of organizations that provide Alternative Dispute Resolution (“ADR”) services in the ICT and data sector Europe-wide. The network of organizations originates at SGOA. SGOA stands for the Stichting Geschillenoplossing Automatisering, or ‘foundation for the resolution of ICT disputes’. Its seat is located in the Netherlands, The Hague. SGOA offers all forms of ADR. ITDR offers these services for the Swiss market, making it an appealing alternative to the usual legal proceedings. It is also possible to combine these different forms of ADR; in this way ITDR is able to tailor its services to suit the requirements of each individual dispute.
At ITDR, Swiss IT specialists offer expertise, mediation and arbitration exclusively for IT disputes. On top of that, ITDR provides technical IT experts for technical expertise and IT conflict prevention. ITDR is eager to keep costs calculable.
Please find ITDR's Bylaws here.
Learn more about us here.
With its specialized arbitrations, mediations, expert reports and assistance in the prevention of ICT conflicts, ITDR is meeting a need in the business world for the resolution and settlement of disputes involving or related to ICT. Each of its services can be used individually to resolve a dispute. However, in complex situations, they can also be combined ‘like Lego bricks’ to create a tailored approach for tackling a particular dispute.
ITDR provides a range of services. Click the above buttons to learn more.
At the heart of ITDR are the independent lawyers and experts on ITDR’s list, all individuals who excel in their field of expertise. All the lawyers have specialized to some degree in ICT law while the ICT experts have a clear affinity with legal matters. ITDR sets high standards for the expertise and experience of these lawyers and experts. Indeed, the list includes professors, justices, academics, highly experienced ICT lawyers, EDP auditors, senior managers and directors in the ICT sector. An essential requirement is many years of experience working in ICT.
Find your experts here:
8 September 2020: Launch Event starting at 6pm @Niederer Kraft Frey.
15 July 2020: ITDR cooperates with the Swiss Chambers’ Arbitration Institution (SCAI), which has long-time experience in the administration of arbitration and mediation proceedings. See press release
20 January 2020: General Assembly of ITDR Switzerland held in Zurich. Members have been invited by E-Mail. Name Change from SGOA into "ITDR -- Institution for IT and Data Dispute Resolution" plus new Articles of Association resolved.
1 January 2020: ... and a Happy New Year!
31 December 2019: Wishing everyone a good year end ...!
7 May 2019: SGOA introduce an additional trade name to support its international activities. The additional trade name is:" ITDR - experts in IT and data conflict management". From now on, SGOA Switzerland will only use the new name ITDR; SGOA Netherlands will use ITDR as second trade name.
1 January 2019: SGOA - the only ADR institute that exclusively offers services for IT, privacy and data disputes - celebrates its 30th birthday in 2019.
Arbitration / Mediation Clause: To initiate a proceeding with ITDR, you have two possibilities:
- You already have an ITDR Clause in your contract.
- You agree that an already existing dispute will be resolved in accordance with the ITDR Clause
- You file a notice of arbitration or request for mediation in accordance with article 3 of the Swiss Rules of International Arbitration or article 2 of the Swiss Rules of Mediation and hope that the other party(ies) will agree to use such dispute resolution means
The dispute will then be resolved in accordance with the Swiss Rules of International Arbitration of SCAI and the ITDR Recommendations for Arbitration. You are free to choose the number of arbitrators, seat and language of the arbitration proceeding. It is possible to first submit the dispute to mediation or to submit the dispute to an expert who gives an expert opinion on the dispute.
Arbitrators / Mediators / Experts: Apart from the mere selection of number of arbitrators/mediators/experts involved, ITDR also provides a list of highly specialized arbitrators so parties can easily choose whoever they want to entrust their dispute with.
Form of Communication: Generally, all communication will be conducted via electronic mail.
Expedited Procedure: ITDR applies the expedited procedure in all cases in which the amount in dispute does not exceed 1 Mio. CHF. Please find more details regarding the expedited procedure here.
- Model Clause for ICT Mediation
- ITDR Recommendations
- SCAI Mediation Rules
- Code of Conduct for Mediators
- Model Clause for Application for Arbitration
- SCAI Arbitration Rules
- Swiss Law for National Arbitration
- Swiss Law for International Arbitration
- SCAI Guidelines for Arbitrators
Presentations and Publications
1. Is ITDR independent?
Yes, generally ITDR has no ties to any other organization or interest group. The association's board is a diverse body and includes individuals from the world of academic law, government and vendors and users of information and communication technology. ITDR does not have a profit objective and is completely self-supporting financially. ITDR’s arbitrators and mediators are experts who handle the ICT disputes work in a variety of sectors. So, ITDR is completely independent.
2. How does the cooperation with SCAI work?
ITDR closely cooperates with SCAI. SCAI acts as a hub and supports ITDR with knowledge an manpower. The basic rules of ITDR are those of SCAI with specifications for ITDR cases. The procedures are administered by the SCAI office. SCAI itself is completely independent too.
3. What kind of disputes can I submit to ITDR?
ITDR deals with a wide variety of conflicts in the field of organization and ICT. These can be disputes in Switzerland or abroad, and disputes that are organizational, technical, commercial or legal in nature. However, in all cases you and the opposing party must be agreed on the decision to submit your conflict to ITDR. To give some examples, conflicts can be about:
- Organizational change processes that have got out of hand
- Mistaken advice from consultants
- ICT projects that are getting nowhere
- Determining the price consequences of additional work/cancelled work
- Professional errors by ICT experts
- Software piracy or violation of software rights
- The supply of faulty hardware or software
4. Do I need to engage a lawyer before approaching ITDR?
No, you do not need to engage a lawyer in order to submit an ICT dispute to ITDR. You are allowed to handle your case yourself. Of course you are also allowed to enlist the support of a lawyer, other legal specialist or indeed an ICT expert, for example. In fact, if the conflict is complex or if extensive interests are involved, you are advised to seriously consider the option of enlisting the help of an expert first.
5. How does ICT mediation work?
In ICT mediation, the parties to the dispute take control of the situation and work on resolving their conflict themselves. This process is managed by an independent mediator and co-mediator. In this straightforward procedure, the mediators ensure that all interests are properly and efficiently put on the table. If necessary, the mediators can also mediate between the parties. Only then is it possible to achieve a win-win situation for all parties. In ICT mediation, a wide range of potential solutions or arrangements can be discussed in an open atmosphere. These can be answers to technological, commercial or legal issues, for instance. The agreements made by parties in an ICT mediation procedure can be recorded in a settlement agreement, if required. Another option is for the mediators to give the parties a non-binding ruling on the conflict.
6. In what kind of situations might you initiate summary arbitral proceedings?
A conflict about an ICT issue can be so urgent that you feel a temporary measure needs to be taken without delay. In such a situation, it may not be sensible to go through standard legal proceedings via the regular courts or ITDR’s arbitrators first. One example of such an urgent dispute is where an ongoing ICT project has reached a crucial turning point and one of the parties is refusing to cooperate. A temporary solution to the problem can be requested in a fast summary arbitral procedure arranged by ITDR. After a ruling has been given in the summary arbitral proceedings, there can be separate proceedings ‘on the main issue’ of the case if required.
7. Can the regular courts call on ITDR?
Yes. If a regular court has to consider an ICT dispute in a court case, the judge may call on an ICT expert to provide information concerning the ins and outs of the problem. After all, ICT disputes are often highly complex. Judges will often be insufficiently familiar with ICT matters to assess the case entirely on the basis of their own knowledge. ITDR has various ICT experts who are able to give the courts their objective, expert opinion from an entirely independent perspective. The right expert for the ICT problem in question can be selected in consultation with ITDR.
8. How long does a procedure take at ITDR?
ITDR always seeks to settle disputes quickly. The time taken to deal with a dispute obviously depends partly on the complexity of the case and the extent to which the parties cooperate. This means completion times vary from case to case. ITDR’s procedure completion times have been analysed and turn out to be shorter on average than proceedings in the regular courts.
9. How much does an ITDR procedure cost?
The costs of an ITDR procedure consist of a number of different items. In addition to a one-off registration fee and administrative charges, which must be paid in every case by both the claimant and the respondent, there are charges for the activities of the arbitrators, mediators, experts and the secretary, based on the applicable hourly rate. Any other costs incurred are also payable. In its rulings, ITDR may also take a decision regarding an appropriate allocation of the legal costs to the parties to the dispute.
10. Are the ITDR costs covered by my insurance policy?
Insurers are sometimes prepared to cover the costs of an ITDR procedure. Some professional liability insurance policies for ICT vendors explicitly include cover of such costs. But even if your policy is not clear on the matter, it is still worth contacting your insurer or insurance broker. It is often in the interests of the insurer as well to start a minitrial through ITDR as such minitrials can prevent the conflict between the parties escalating and the losses resulting from the dispute increasing. In such a situation, it would be logical for the insurer to cover the costs. However, you should contact the insurer before approaching ITDR in order to prevent any disappointment.
11. Do I need to be a member of ITDR in order to submit a dispute?
No. ITDR is an association. You do not need to be affiliated to ITDR in order to make use of ITDR’s services for the resolution of disputes. Any individual and any company or other organization can turn to ITDR. Also, you do not need to belong to an industry association in order to be able to submit your dispute to ITDR.
ITDR – Institution for IT and Data Dispute Resolution
c/o Format A AG
Telephone: +41 44 268 69 36