Dispute Resolution Process (DRP)

The DEXpert Platform Project Order Dispute Resolution Process (PO -DRP) comprises two stages, namely the Peer Review Adjudication Process and Arbitration Process. The Peer Review Adjudication Process is the first stage of the PO-DRP and then followed by the Arbitration Process which is the second stage of the PO-DRP.

If a dispute is not resolved after the Peer Review Adjudication Process, then the dispute is escalated to the Arbitration Process. If the dispute is still not resolved at the Arbitration, then the matter will be handled eternal and independent to the DEXpert Platform, and the DEXpert Platform will not participate in the dispute any further. The disputing parties are free to escalate their dispute through litigation or alternative means at their own costs without the DEXpert Platform’s involvement.

If another dispute arises with a Peer Reviewer or in connection with the Peer Review Process, then the dispute goes straight to Arbitration (there is no need for a Peer Review Adjudication process).

The Arbitration process is the final stage of the DEXpert Platform Dispute Resolution Process (DRP), and the outcome of the Arbitration cannot be challenged or appealed on the platform. However, the disputing parties are free to pursue external and independent alternative solutions or litigation outside the DEXpert platform, and without the further involvement of the DEXpert Platform. The DEXpert Platform does not take or accept any legal or financial liability of the DRP, it merely operates as a facilitator to try and find an amicable solution for the disputing parties.

Peer Review Adjudication Process

The Peer Review Adjudication (PRA) Process is initiated and paid for by the disputing party. This is the start of the formal dispute resolution process (DRP) on the DEXpert Platform. The disputing party will need to raise an official Peer Review Adjudication Order (PRA-O), following the normal Expert Services Order (ESO) creation and publishing process. When creating the Peer Review Adjudication Order (PRA-O), the disputing party is required to detail the point or points or disputed elements in relation to the requirements of the original Project Order (PO).

During the Peer Review Adjudication Work Order (PRA-WO) creation, the disputing party defines the Peer Review Adjudication Work Order (PRA-WO) duration (start and end dates), Peer Review Adjudication Work Order (PRA-WO) Budget value. A default value of 25% of the original Project Work Order winning bid value or specific milestone value in relation to the dispute is recommended, however, the disputing party can opt to change this value as they wish.

For the disputing party to successfully publish their Peer Review Adjudication Work Order (PRA-WO) on the DEXpert Platform, they must be registered on the DEXpert Platform and have sufficient funds to the value of the Peer Review Adjudication Work Order (PRA-WO) Budget value plus 5% DEXpert Platform bidding fee, plus the remainder of the Project Work Order value (if applicable).

The Smart Contract will then invite all the suitably qualified Project Experts, to submit competitive Primary Bids (financial bids) to complete the associated Peer Review Adjudication Work Order (PRA-WO). The Smart Contract will then list the bids in ascending order with the highest bid value at the bottom of the bidding list and the lowest bid at the top of the bidding list.

All competing bid values are visible to all bidders, and the bidders are free to change their bids at any time prior to the bidding closing date and time. The disputing party then selects as many Peer Review Adjudicators (PRAtrs) as they want (within their Peer Review Adjudication Work Order (PRA-WO) Budget value plus 5% DEXpert Platform bidding fee, plus the remainder of the Project Work Order value (if applicable)), and they are assigned the work to complete the Peer Review Adjudication Work Order (PRA-WO) and submit their reviews.

If at least one Primary Bidder is selected, then the Smart Contract will automatically execute the 5% DEXpert Platform bidding fee. The 5% DEXpert Platform bidding will be calculated as follows: the greater value of 5% of the average value of the N selected Primary Bid values or 5% of the of the Peer Review Adjudication Work Order (PRA-WO) Budget value.

The selected Peer Review Adjudicators (PRAtrs) are then admitted to the Project Work Order (PWO) discussion platform in My Workspace where they can join discussion and ask questions in the presence of the disputing parties.

The Peer Review Adjudication (PRA) Process is a technical review on the points of the dispute. They do not apportion blame or determine who is wrong or who is right in the matter. They merely provide technical expertise on the disputed subject and provide technical input and recommendations.

After each Peer Review Adjudicator (PRAtr) has completed their technical review and independently submitted their recommendations (in a formal report format, e.g. pdf document), and the report is accepted by the disputing party. Each successful Peer Review Adjudicator (PRAtr) is then paid by the disputing party. A 5% fee is then paid by the Peer Review Adjudicator (PRAtr) from the payment to the DEXpert Platform.

The Smart Contract will then execute the payments, and the dispute is then concluded on the DEXpert platform.

The 5% bidding fee is only payable to the DEXpert platform after a successful bidder has been found on the platform or if the disputing party cancels the Peer Review Adjudication Order (PRA-O) after the Primary Bidding closure date has lapsed.

If the Disputing party cannot find any Primary Bidding bidders on the DEXpert platform for the Peer Review Adjudication Order (PRA-O), they will not be charged a 5% DEXpert bidding fees, and they can either cancel the Peer Review Adjudication Order (PRA-O) or increase the Peer Review Adjudication Order (PRA-O) Budget value and edit the Peer Review Adjudication Order (PRA-O) and republish it.

The disputing party can edit or cancel the Peer Review Adjudication Order at any time before the Peer Review Adjudication Order (PRA-O) bidding closure date and time and will not be charged a 5% DEXpert bidding fee.

After all the Peer Review Adjudication reviews have been completed, submitted and accepted by the disputing party. The Project Order winning bidder Project Expert is then given an opportunity to review their original disputed submission and resubmit their work or the specific milestone submission associated with the dispute. If the second submission or resubmission is still not acceptable to the disputing party, then the disputing party must create an Arbitration Order (AO) to dispute the resubmitted work or pay the Project Order winning bidder Project Expert (the disputing party cannot simply reject the resubmission, refuse to pay and not raise an Arbitration Order (AO). If no Arbitration Order is created by the disputing party within 14 days of the resubmission, the Smart Contract will automatically execute payment to the Project Expert, and the dispute is concluded on the DEXpert Platform.

Rejected Peer Review Adjudication Work

If the work submitted by a particular Peer Review Adjudicator is rejected by the disputing party, the disputing party must create an Arbitration Work Order to dispute the work submitted by the specific Peer Review Adjudicator or pay the Peer Review Adjudicator for the work submitted. If no Arbitration Work Order is created by the disputing party within 14 days of the Peer Review Adjudication submission, the Smart Contract will automatically execute payment to the Peer Review Adjudicator, and the dispute is concluded on the DEXpert Platform.

Arbitration Process

The arbitration process is the final stage of the DEXpert Platform Dispute Resolution (DRP) Process. The arbitration process does not apportion blame or seek to determine who is wrong or who is right. It merely tries to find a middle ground that offers the disputing parties an opportunity to proceed or part ways in an amicable manner without the need for complicated, time consuming and costly legal battles in a litigation. The outcome of an arbitration can be, e.g. 80% of the requirements were successfully completed, and therefore, the Project Expert or Peer Review Adjudicator should be paid 80% of the disputed Project Order winning bid value (or disputed milestone partial payment value) or 80% of the Peer Review Adjudicator winning bid value, as determined by the independent and anonymous Arbitrator.

The arbitration process is initiated by the disputing party in the form of an official formal Arbitration Order (AO). The disputing party will create an Arbitration Order in which the details of the dispute are clearly stipulated and the disputing party’s desired outcomes from the arbitration process.

During the Arbitration Order (AO) creation, the disputing party defines the Arbitration Order (AO) duration (start and end dates) and Arbitration Order (AO) Budget value. A default value of 10% of the original Project Order (PO) winning bid value or specific milestone value or Peer Review Adjudication winner bid value in relation to the dispute is recommended, however, the disputing party can opt to change this value as they wish.

For the disputing party to successfully publish their Arbitration Order (AO) on the DEXpert Platform, they must be registered on the DEXpert Platform and have sufficient funds to the value of the Arbitration Order Budget value plus 5% DEXpert Platform bidding fee, plus the remainder of the Project Order value and disputed unsuccessful Secondary Bid value and/or Peer Review Adjudication winner bid value (whichever is the applicable case).

The Smart Contract will then select all suitable Arbitrators and invite them to submit their financial bids for the Arbitration Order (AO). The Smart Contract will then list bids in ascending order with the highest bid value at the bottom of the bidding list and the lowest bid at the top of the bidding list.

All competing bid values are visible to all bidders, and the bidders are free to change their bids at any time prior to the bidding closing date and time. However, all the Arbitration Order bidder profiles are only identifiable by a unique number and through that unique number, their profiles are visible except for personal details. Only their professional details and credentials are visible.

If an Arbitration Order bidder is selected, then the Smart Contract will automatically execute the 5% DEXpert Platform bidding fee. The 5% DEXpert Platform bidding will be calculated as follows: the greater value of 5% of Arbitration Order (AO) bid winner value or 5% of the Arbitration Order (AO) Budget value.

The Smart Contract will then select the lowest bid value and the associated bidder unique identification number. The selected Arbitrator unique identification is then admitted to the Project Order discussion platform in My Workspace where they can join discussions and ask questions in the presence of the disputing parties.

After the Arbitrator has completed their review and provided a detailed analysis in the form of aformal report, e.g. a pdf report. The arbitrator is then required to stipulate their recommendations in the form of payments to settle the dispute. The Arbitrator’s decision is final and cannot be disputed on the DEXpert platform. The Arbitrator is then paid by the disputing party. A 5% fee is then paid by the Arbitrator to the DEXpert platform. The Smart Contract will then execute the payments, and the dispute is then concluded on the DEXpert platform.