CAcert's Arbitration Forum
CAcert resolves disputes through the [http://www.cacert.org/policy/DisputeResolutionPolicy.php Dispute Policy] which includes the rules of Arbitration.
Case Management
Disputes for arbitration should be sent by email to support@cacert.org. A Case Manager ensures that the case is logged and works with the Dispute Resolution Officer to assign an Arbitrator. The CAcert Community member and others involved in a dispute will be notified of the arbitration via email. An example of the email is in this ArbitrationAnouncement .
For arbitration case managers and arbiters there is a moderated email list: cacert-arbitration@cacert.org .
Here is the list of current ArbitrationCases. More organization probably needs to be done.
Jurisdiction and Law
CAcert chooses the law of NSW, Australia, which is its home. This law is part of the English Common Law tradition, so it has much in common with UK law and US law.
The jurisdiction is CAcert's own: by choosing to run its own Arbitration, it chooses to in essence create its own courts. This works for civil actions, ones between people, but it does not work for criminal actions. The laws of Arbitration also specify various exceptions such as unconscionability, which means forcing someone to do something that is so against their conscience that it is unfair. Note however that the courts of the land define what that means, not the individual.
These choices are established in a clause in the [http://www.cacert.org/policy/CAcertCommunityAgreement.php CAcert Community Agreement]
Credits
The CAcert Arbitration project was the product of many people: Teus Hagen, Jens Paul, Philipp Güring, Ian Grigg. It was approved in a full sitting of the Board and Advisory at Pirmasens, Germany, [:TopMinutes-20070917:m20070918.3]
Further Deep Research
For introductions, try:
Wikipedia on [http://en.wikipedia.org/wiki/Arbitration Arbitration].
International Framework
Arbitration operates to an international framework:
Wikipedia on [http://en.wikipedia.org/wiki/Convention_on_the_Recognition_and_Enforcement_of_Foreign_Arbitral_Awards 1974 New York Convention] on foreign awards.
Wikipedia on [http://en.wikipedia.org/wiki/International_arbitration International aspects] of arbitration, and why it makes sense for a global organisation such as CAcert.
[http://www.uncitral.org/en-index.htm UNCITRAL Model Law]
Australian Law -- Choice of Arbitration Clause
Law of NSW, Australia is the choice of law within the agreement, reflecting CAcert's origins. This suggests that reading the Australian and NSW acts on Arbitration is a good start for deep research.
Introduction to [http://www.caslon.com.au/adrprofile1.htm Australian Law on Arbitration]
[http://www.austlii.edu.au/au/legis/cth/consol_act/iaa1974276/ The Arbitration Act of 1974] is the Federal law
[http://www.austlii.edu.au/au/legis/nsw/consol_act/caa1984219/ Commercial Arbitration Act 1984] is NSW law which also applies.
Germany
Book 10 of the german civil process order, see [http://bundesrecht.juris.de/zpo/BJNR005330950.html#BJNR005330950BJNG076503301 Book 10] or try this English translation of [http://www.sccinstitute.com/_upload/shared_files/lagar/German%20Arbitration%20Act.pdf The Arbitration Act] in Germany.
"[http://www.germanlawjournal.com/article.php?id=237 SchiedsVZ Journal Promotes Arbitration in Germany]" from [http://www.germanlawjournal.com/ German Law Journal].
Others....
Should research Netherlands, EU model laws, and USA.
Arbitration Clauses
See:
Wikipedia on [http://en.wikipedia.org/wiki/Arbitration_clause Arbitration clause].