14.1 Good-Faith Resolution
The Parties shall first attempt to resolve any dispute amicably by written negotiation within thirty (30) days of notice. This step is a condition precedent to arbitration, save for urgent relief.
14.2 Governing Law
This Agreement, its formation, interpretation and any non-contractual obligation arising out of it are governed by the law of the REPUBLIC OF ECUADOR, where the Contractor is resident, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
14.3 Arbitration — seat, institution, arbitrator
Any dispute not resolved amicably shall be finally settled by binding arbitration ADMINISTERED BY THE CENTRE FOR ARBITRATION AND MEDIATION OF THE QUITO CHAMBER OF COMMERCE (Centro de Arbitraje y Mediación de la Cámara de Comercio de Quito) under its Rules in force, by a SOLE ARBITRATOR, deciding in law (en derecho). THE SEAT OF THE ARBITRATION IS QUITO, ECUADOR. Ecuador is a party to the 1958 New York Convention, so the award is enforceable in over 170 states.
14.4 No Party may be required to travel
The proceedings are conducted IN WRITING AND BY VIDEOCONFERENCE. NO PARTY MAY BE REQUIRED TO APPEAR IN PERSON at any hearing, and no Party bears the other's travel costs. The seat named in 14.3 is a legal concept, not a geographic obligation: hearings and deliberations may take place anywhere or remotely without changing the seat.
14.5 Language and documents
The language of the arbitration is SPANISH, or ENGLISH if both Parties so agree. Documents in English are admissible WITHOUT TRANSLATION; a Party requiring a translation of any document bears its cost.
14.6 Expedited procedure for claims under USD 50,000
Where the total amount in dispute is below USD 50,000, the arbitration is conducted on a DOCUMENTS-ONLY basis under the expedited procedure of the applicable Rules, with no oral hearing unless the arbitrator considers one indispensable.
14.7 Costs
The unsuccessful Party bears the costs of the arbitration, including the administrative fees, the arbitrator's fees and the reasonable legal representation costs of the successful Party, unless the arbitrator decides otherwise for good reason.
14.8 Contractor's option for the recovery of unpaid Fees
FOR CLAIMS SEEKING PAYMENT OF FEES DUE, the Contractor may, at its sole option, instead bring proceedings before the competent courts of the Client's domicile or of any place where the Client holds assets, and the Client submits to that jurisdiction. This option belongs to the Contractor only. If the law applicable in a given forum does not recognise a unilateral option clause, only this Section 14.8 is affected and the remainder of Section 14 stays in force.
14.9 Blockchain records are evidence, not a forum
Records anchored to a public blockchain (including Arweave transactions and their timestamps) are admissible as authentic evidence of content and time. NO on-chain or 'decentralised' arbitration protocol is agreed as a forum: awards of such protocols are not covered by the New York Convention and cannot be enforced against assets. Decentralisation governs how the record is kept, not where a monetary dispute is decided.
14.10 Class-Action & Jury Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND TO CONSOLIDATE CLAIMS.
14.11 Consumers
Where the Client is a consumer, SECTION 19 PREVAILS OVER THIS SECTION: arbitration and the waivers above apply only to the extent permitted by the mandatory law of the consumer's country of habitual residence, and the consumer keeps the right to go to the courts of that country.