Arbitration

The permanent Arbitration Tribunal in the field of information technologies and intellectual property of Association of Companies of Information Technologies (ACIT) was registered by the decision of the Chief Directorate of Justice of the Minsk City Executive Committee on May 07, 2015 under No. 012.

The Arbitration Tribunal deals with the disputes in the field of information technologies and intellectual property.

The ACIT Arbitration Tribunal settles the following disputes between legal entities and (or) individuals in the field of information technologies and (or) intellectual property, including, but not limited to:

• Disputes on recognition and challenge of authorship, including disputes associated with legal relations resulting from the creation of works made for hire;
• Disputes on compulsion of performance, undue performance or non-performance of the terms of a license agreement, sublicense agreement, supply contract, contract of services, work contract or other contracts;
• Disputes on recovery of remuneration under a license agreement, sublicense agreement, supply contract, contract of services, work contract or other contracts;
• Disputes on termination of a license agreement, sublicense agreement, supply contract, contract of services, work contract or other contracts;
• Disputes on invalidation of a license agreement, sublicense agreement, supply contract, contract of services, work contract or other contracts;
• Disputes on invalidation of a unilateral termination of a license agreement, sublicense agreement, supply contract, contract of services, work contract or other contracts;
• Disputes on recovery of compensation, losses, damages, derived income, compensation for moral damage caused by the illegal use of intellectual property objects;
• Disputes on recovery of  compensation, losses, damages, derived income, compensation for moral damage connected with the unlawful failure to perform obligations, undue performance of the obligations provided for in a license agreement, sublicense agreement, supply contract, contract of services, work contract or other contracts;
• Disputes on restraint of violations of the rights to intellectual property, including those in the Internet; disputes connected with the protected undisclosed information, in the case it represents a business or commercial secret.
• Disputes related to the security and insurance of legal relations resulting from, modified or terminated by a license agreement,  sublicense agreement, supply contract, contract of services, work contract or other contracts.

Besides, the jurisdiction of the ACIT Arbitration Tribunal comprises any other disputes occurring in the field of information technologies and (or) intellectual property as well as related legal relationships.

In order to bring a dispute before the ACIT Arbitration Tribunal, it is necessary to include an arbitration clause when entering into a contract:

"All disputes and claims arising from this Contract (Agreement) or related thereto shall be subject to final resolution in accordance with the Regulations of the Arbitration Tribunal in the field of information technologies and intellectual property of the Association of Companies of Information Technologies (ACIT)  by one or multiple arbitrators appointed in accordance with this Regulations."

The advantages of the ACIT Arbitration Tribunal:

The ACIT Arbitration Tribunal ensures the initiation of proceedings within seven days from the date of recourse to the Tribunal. It is possible to consider cases without the presence of representatives of the parties with the use of information technologies that enable the receipt and transmission of audio-visual and graphical information to the participants of an arbitration proceedings located outside of the place of trial.

Parties to a contract may bring a case before the Tribunal without prior dispute settlement procedure, unless otherwise provided by the law or an agreement between the parties. 

The decision of the ACIT Arbitration Tribunal is legally binding and enters into force on the day of its adoption.