⚖️Open Tribunal

This page explains the role and constitution of the Open Tribunal of the Open Constitution network.

The purpose of the Open Tribunal is to resolve disputes and claims between members of the Foundation, as well as between different constitutional bodies of the Open Council and independent participants of the Open Constitution Network Tenancy Program. It ensures fair and transparent execution of the Open Constitution and acts as an alternative dispute resolution mechanism for the Foundation's global citizens. The Open Tribunal also focuses on international arbitration and follows the Foundation's guiding principles in resolving disputes.

The Open Tribunal is an autonomous body in the network's global community. It is a standalone and independent Council with its powers of constitutional governance.

The Open Tribunal of the Foundation is an independent, autonomous, and self-organised constitutional body, that is primarily responsible for ensuring the fair and transparent execution of this Open Constitution.

A Tribunal stands as an institution in the Foundation's community with an authority to judge, adjudicate on, or determine claims or disputes between members of the Foundation.

A Tribunal also stands as an institution in the Foundation's community with an authority to judge, adjudicate on, or determine claims or disputes between two different constitutional bodies of the Open Council.

A Tribunal also stands as an institution in the Foundation's community with an authority to judge, adjudicate on, or determine claims or disputes between two independent participants of Open Constitution Partner Program.

Open Tribunal is generally constituted to resolve member disputes over:

a. Community governance such as Project affairs, Code of Conduct violations

b. Research such as public policy research direction

c. International Arbitration

d. Intellectual Property ownership

Role in International Arbitration:

Open Tribunal also acts as an alternative dispute resolution mechanism for the Foundation's global citizens.

Open Tribunal may also serve the Foundation's citizens, resolving commercial disputes through an international arbitration framework.

The Tribunal members shall follow the public-facing Foundation's guiding principles in resolving disputes.

Each case logged on the Open Constitution network Governance System and accepted by the Open Tribunal is generally accompanied by a public-facing Observation Report, upon the closure of the case.

Open Tribunal focuses on both local and International laws on commerce, financial crimes, business & trade laws.

Public Notice: A. Appeal for hearing: All cases that are accepted in the Open Tribunal framework must be appealed by the network's subscribed citizens for a hearing.

The hearing generally takes place via electronic means, well within the Code of Conduct and articles & covenants of this Open Constitution.

According to the Statutes, a citizen may also transfer Power of attorney to another member or a constitutional body of the Foundation, to represent them in a dispute.

B. Historical Records: For a case over a commercial dispute, requiring resolution, and which dates back to a date before a citizen's membership in the Foundation(termed a historical case):

A historical case may also be accepted by this Open Tribunal if the Foundation's citizens submit an appeal and give consent to the Tribunal, governed by this Open Constitution.

It is at the discretion of the Independent Board whether or not to ratify the acceptance of a case into the Open Tribunal.

C. Case Processing Fees:

1. There are NO case processing fees for disputes b/w members over the Foundation's governance of projects, public policy affairs and disputes associated with the Foundation's objectives in the financial services industry.

2. Case processing fees should be collected ONLY for alternate dispute resolution b/w its citizens over a subject of a commercial nature, which prima facie may seem to be outside the purview of the Foundation's ongoing activities, objectives and BFSI industry.

In clearer terms, if citizen disputes are linked to a non Foundation project i.e. a commercial activity NOT undertaken or controlled by the Foundation, whether in the financial or non-financial services or technology sector, a case processing fee should be collected.

3. Case processing fees should also be collected for alternate dispute resolution b/w two or more Open Constitution Partner Program participants over a subject of a commercial nature. Case Processing Fees are equally borne by the sparring participant entities.

Depending on whether a fee is applicable, the case processing fee is to be deposited in the public-facing that Foundation's Fiscal Accounts immediately, before acceptance of the case by the Open Tribunal.

D. Case Processing Time: The Open Tribunal conducts a hearing where all disputing parties are heard.

There is no fixed processing time, however, once an Open Tribunal is constituted and a case is logged on the Open Constitution registry, hearings should commence within 30 days.

E. Binding and Non-Binding resolution:

E1. For the Foundation's project, i.e. a commercial activity undertaken or controlled by the Foundation:

Depending on the applicable business laws of local jurisdictions, relevant to the case, and structural integrity of the associated local as well as international arbitration laws, the Open Tribunal processes a binding resolution.

E2. For a resolution between the Foundation's Open Constitution Partner Program participants:

Depending on the applicable business laws of local jurisdictions, relevant to the case, and structural integrity of the associated local as well as international arbitration laws, the Open Tribunal processes a binding resolution.

Note: Currently, the Danish law of arbitration supersedes a local law of arbitration, specifically for disputes between the Open Constitution Partner Program entities.

E3. For NON-Foundation projects/Historical cases appealed by its global citizens:

Depending on the applicable business laws of local jurisdictions, relevant to the case, and structural integrity of the associated local as well as international arbitration laws, the Open Tribunal may process both a binding and a non-binding resolution.

Judgment upon the award rendered by the arbitrator(Open Tribunal) may be entered in any court with jurisdiction to do so.

Basic Constitution Guidelines:

Generally, Open Council members participate and constitute the Open Tribunal.

Members from the Councils: Advisory Ethics, Observation, Legal and Regulations Council often constitute an Open Tribunal.

Members from the Observation Council often constitute an Open Tribunal registered for a dispute between two independent Open Constitution Partner Program participants. Read more on the role of the Observer Council in arbitration proceedings between Open Constitution partner bodies.

Depending on amendment proposals drafted for change to this Open Constitution:

a. Members from other Open Council bodies may also be elected to an Open Tribunal

b. Members from other Councils - Ambassador Council or Election Council may also constitute an Open Tribunal.

Custodian: Election Council