The procedure begins with a so-called ” fact-checking “. The ” fact-checker ” appointed by Arbitrall will examine the dispute together with the parties. At the end of this phase, the parties decide whether they wish to go to mediation or whether they prefer to go straight to arbitration. Based on the analysis of the dispute, appropriate instructions can be given to the arbitrator.

Mediation may follow fact-checking if the parties decide to do so. Such formal mediation is optional and paid for separately.

If no overall agreement is reached at the end of fact-checking or mediation, Arbitrall appoints a so-called “dealmaker ” who, as arbitrator, is tasked with finding the most balanced solution for the parties. By mutual agreement, the parties may appoint the dealmaker themselves. The dealmaker is an active arbitrator, who moves around, meets with those involved, verifies issues, looks for leads, … etc.

At this stage, each party can appoint an ” assessor “, a trusted person who assists the arbitrator and points out certain sensitivities of the party he/she represents. The assessor has no decision-making power.

The arbitrator uses the ” binding third-party decision ” method. The arbitrator acts on behalf of the parties and is given the authority to write the binding decision on their behalf. He/she must, of course, be able to demonstrate that he/she has properly carried out his/her mandate, that he/she has complied with the procedure, and that he/she has carefully considered the interests of each party. The Procedural Rules also allow the parties to follow up on the work of the arbitrator, and in some cases to seek redress.