THE RULES OF RISOLVIONLINE
1. SCOPE OF APPLICATION
RisolviOnline.com by the Milan Chamber of Arbitration is an online dispute resolution service aimed to settle commercial disputes between consumers and/or businesses/professionals, regardless of their country of residence.
RisolviOnline.com can refuse the handling of a dispute upon communication of the reasons in the following cases:
a) The dispute does not fall under its scope;
b) The dispute is frivolous or vexatious;
c) The consumer did not make a previous attempt to resolve the problem directly with the business;
d) Another specific ADR provider is competent for the dispute;
e) Dealing with such a type of dispute would otherwise seriously impair the effective operation of RisolviOnline.com.
The Secretariat will give notice to the claimant within 21 days from the filing of the request.
2. THE SECRETARIAT
The service is managed by the Secretariat.
The Secretariat personnel must be and appear to be impartial in the case management and towards all the parties involved.
3. LANGUAGE OF THE PROCEDURE AND COMMUNICATIONS BETWEEN THE PARTIES AND THE SECRETARIAT
The procedure will be performed in Italian and/or English if the parties and the facilitator/evaluator do not agree otherwise.
The Secretariat communicates with the parties in Italian and/or English via the e-mail addresses they have provided.
4. THE NEUTRAL AND INDEPENDENT THIRD PARTY: facilitator and evaluator
RisolviOnline.com provides the parties into a dispute with an expert (an impartial third-party) whose role differs depending on the dispute resolution mode they choose.
1) The facilitator helps the parties to reach their own agreement without going into the merit of the dispute nor deciding who is right and who is wrong. He/she assists the parties in having an open dialogue and in cooperating to resolve the issue;
2) The evaluator will provide the parties with one or more (non-binding) solution proposals on the grounds of the documents supplied by them and the principle of equity.
The Secretariat chooses the neutral independent third party from a list drawn up on the basis of competence and professional requirements. The facilitator/evaluator is committed to respecting the Rules of RisolviOnline.com and the Code of Conduct annexed to the same.
The neutral independent third party will disclose to the Secretariat any facts, circumstances or relationships connected with the parties or with the object of the dispute that could affect his/her independence, neutrality and impartiality.
5. STARTING A PROCEDURE
The interested party fills in the form provided at www.risolvionline.com and transmits it via web. Electronic documents can be attached.
The Secretariat will invite the other party to join the procedure within 15 days from the reception of the contact e-mail.
If the other party agrees to take part in the procedure he/she will fill in the relevant form and send it via web to the Secretariat together with the attachments, if any.
The Secretariat will therefore inform the proponent and will choose the neutral independent third party.
Both request and reply should be concise, clear and complete otherwise the Secretariat can suspend the management of the case and contact the parties to clarify, complete or reduce the documents provided.
6. UNFOLD OF THE PROCEDURE
The procedure is fully conducted through online tools within the two different alternative dispute resolution schemes provided by RisolviOnline.com: facilitation and evaluation. If deemed fitting and practical by the parties and the neutral third party, also through a combination of such schemes.
The parties should participate in the procedure and they may be assisted by consultants, lawyers or persons they trust. Should they decide to be represented, they shall provide the Secretariat with documents attesting the identity and the powers of the representative to negotiate and to sign the possible agreement.
Though the procedure is informal, the parties are bound to abide by the instructions provided by the facilitator in relation to the responsiveness and in general the management of the discussion. The facilitator can communicate with the parties in joint or separate and confidential sessions. Should the parties reach an agreement, this will be formalized and will become a binding contract.
The evaluator will formulate one or more non-binding settlement proposals on the grounds of the documentation provided by the parties and the ex aequo et bono principle. He/she can ask for brief explanatory notes to better understand the case using the communication tools provided by RisolviOnline.com. The settlement proposal/s should be conveyed to the parties within 30 working days from the acknowledgment of consent to the assignment.
Should the parties converge on one of the proposed solutions, an agreement will be draft by the Secretariat which, once signed by both, will gain the value of a binding contract.
The procedure concludes in one of the following cases:
a) The invited party refuses to join in the procedure;
b) The 15 days deadline have expired and no acceptance has been sent by the invited party to the Secretariat;
c) A settlement has been reached in the facilitative procedure;
d) The parties agreed on one of the settlement proposals provided by the evaluator;
e) In any case, after 90 days from the start of the procedure, if the parties have not asked for a postponement – of maximum 90 days - .
f) When one or all the parties withdraw from the procedure giving notice to the Secretariat or if they abandon the procedure for over 15 days giving no notice or motive.
The Milan Chamber of Arbitration guarantees the confidentiality of the online process. The Secretariat and the online third neutral undertake not to disclose to parties not involved any knowledge acquired during the procedure. The parties are bound not to disclose to third parties the circumstances of the online procedure, nor the facts and the information acquired during the procedure, and not to create and keep copies of the communications on the merit. The obligation ceases only when all the parties involved in the dispute agree so and if they express this agreement in writing.
Moreover, the parties undertake not to use, in the course of any contentious action launched in relation to the same dispute, anything they may have learned during the procedure and not to call the facilitator/evaluator or RisolviOnline.com personnel to testify regarding facts and circumstances concerning the procedure.
9. UNFORESEEN CIRCUMSTANCES
For all cases not expressly provided for by these Rules, the Secretariat shall proceed by assessing the particular case at hand in accordance with the Rules themselves.
tab. 1 For the consumer
VALUE OF DISPUTE
FEES (22% VAT included)
|up to € 50.000||€ 30|
|over € 50.000||€ 60|
tab. 2 For the business/professional
VALUE OF DISPUTE
FEES (22% VAT included)
|up to € 500||€ 30|
|from € 501 to € 1.000||€ 60|
|from € 1.001 to € 5.000||€ 100|
|from € 5.001 to € 10.000||€ 200|
|from € 10.001 to € 25.000||€ 350|
|from € 25.001 to € 50.000||€ 500|
|over € 50.001||2% up to a maximum of € 5.000|
Fees displayed in Tab. 1 will apply to the consumer only, that is a natural person, who is acting outside the scope of an economic activity - trade, business, craft, liberal profession - (ref. art. 3 Italian Consumer Code).
Fees displayed in Tab. 2 apply to the business/professional both in consumer and business/business business/professional disputes.
The party who starts the procedure will be initially charged of a 30 Euro filing fee. Should the other party join in the procedure, these will be deducted from the fees shown in the chart above. If the other party does not reply or refuse to participate, the filing fee will not be refunded.
The Fees indicated in Tab. 1 and 2 include the fees of the service, for the third neutral and 22% VAT.