Tuomio Arbitration Rules

Version 0.1 (consultation draft). These Rules are not yet in force and no arbitration may be commenced under them. This draft is published for legal review and public comment.

Tuomio is not a law firm, does not represent any party, and nothing in these Rules is legal advice.

Part I — The Institute, Scope and Foundations

Rule 1. Tuomio and the Administrator

(a) Tuomio. "Tuomio" is an arbitral administrator: it administers arbitrations under these Rules, appoints Arbitrators, and maintains the technology through which proceedings are conducted. Tuomio is not a court, not a state authority, and not a party to any arbitration it administers.

(b) The Administrator entity. In these Rules, "Tuomio" refers to the legal entity designated as administrator in the version of these Rules in force at the commencement of the arbitration, including any successor entity resulting from a change of name, transfer of business, merger, or reorganisation. No administrator entity is designated in this consultation draft: these Rules confer no capacity to commence an arbitration until a version designating the administrator enters into force.

(c) Continuity. If Tuomio is unable to administer a dispute for any reason, including ceasing operations, the parties shall cooperate in good faith to transfer the dispute to a successor administrator designated by Tuomio or, failing such designation, to an arbitral institution agreed by the parties.

Rule 2. Scope, Incorporation and Eligibility

(a) Scope. These Rules govern arbitrations administered by Tuomio.

(b) Incorporation by reference. Any arbitration agreement providing for arbitration "administered by Tuomio," "under the Tuomio Arbitration Rules," or words to similar effect incorporates these Rules by reference.

(c) Business parties only. These Rules are available only for disputes in which every party has entered into the underlying contract, and participates in the arbitration, in the course of its trade, business, or profession. Each party warrants that this is the case. Tuomio shall refuse or terminate the administration of any arbitration in which a party is a consumer. Nothing in these Rules is intended to displace mandatory consumer protection law.

(d) Screening. Tuomio may refuse to administer a claim that is, in its reasonable assessment, illegal, not capable of settlement by arbitration (not arbitrable), frivolous, or vexatious. Refusal to administer is not a decision on the merits.

(e) Aggregate and anonymised data. Tuomio may publish anonymised, aggregated statistics about the arbitrations it administers. Tuomio shall not identify parties or disclose the substance of any dispute except as provided in Rule 24 (Confidentiality).

Rule 3. Seat, Procedural Law and Enforcement Framework

(a) Seat. Unless the parties have agreed otherwise in writing, the seat of arbitration is Helsinki, Finland. The arbitration is governed by the Finnish Arbitration Act (967/1992) as the law of the seat, regardless of where any participant is located or where any procedural act is performed.

(b) Conduct online. All proceedings are conducted electronically. By agreeing to arbitration under these Rules, the parties waive any requirement of paper form, physical presence, or in-person hearing to the fullest extent permitted by the law of the seat, and agree that electronic documents, signatures and communications satisfy any requirement of writing.

(c) Enforcement. Awards are intended to be recognised and enforced under the Finnish Arbitration Act and the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention). The parties are deemed to consent to the submission of the Award, and such parts of the record as are necessary, to any competent court in proceedings to confirm, recognise, enforce, or resist enforcement of the Award.

Rule 4. Language

(a) The language of the arbitration is English, unless the parties agree on another language and Tuomio approves the agreement.

(b) Documentary evidence may be submitted in Finnish, Swedish, English, German, or any other language the Arbitrator accepts. The Arbitrator may order a party to provide a translation of any document, and may rely on machine translation, provided any translation material to the outcome is disclosed to the parties for comment.

Rule 5. Versions and Amendment

(a) Tuomio may amend these Rules at any time. Each version of these Rules is published with a version number and effective date at the canonical address stated above and is preserved unaltered thereafter.

(b) An arbitration is governed by the version of these Rules in force on the date of commencement (Rule 10(d)), unless the parties agree in writing on a different version.

Part II — The Arbitrator and the AI System

Rule 6. The Arbitrator Decides

(a) Human mandate. Every arbitration under these Rules is decided by an Arbitrator: a natural person appointed under Rule 8, impartial and independent of the parties and of Tuomio, with full legal capacity. The adjudicative mandate is personal to the Arbitrator and cannot be delegated.

(b) The AI System as instrument. Tuomio may provide the Arbitrator with an artificial intelligence system (the "AI System") that organises the record, analyses the parties' submissions and evidence, and prepares a draft analysis and draft award. The AI System is an instrument of the Arbitrator. It makes no decision and issues nothing to the parties in its own name. Where no AI System is used in a case, the provisions of these Rules concerning the AI System do not apply to that case, and the Arbitrator conducts the entire analysis personally.

(c) Independent judgment. Before issuing any award or order, the Arbitrator must review the parties' submissions and the output of the AI System, form their own view of the facts and the law, and adopt, modify, or reject the draft accordingly. The Arbitrator may instruct the AI System, including on the weighing of evidence and credibility. The Award is in every case the decision of the Arbitrator, made in their own judgment and conscience, and signed by them.

(d) Disclosure of AI use. The use of the AI System as described in this Rule is disclosed to the parties by these Rules, and consent to these Rules constitutes informed consent to that use.

(e) Oversight competence. Tuomio ensures that every Arbitrator receives training on the capabilities and limitations of the AI System, including how to detect anomalous or unreliable output and the risk of over-reliance on automated output (automation bias). The Arbitrator may disregard, override, or reverse any output of the AI System, and may conduct any part of the analysis, or the whole of it, without the AI System. This Rule and Rule 6(c) implement the human oversight requirements of Articles 14 and 26 of Regulation (EU) 2024/1689 (AI Act).

Rule 7. Instructions Governing the AI System

The AI System is configured to apply the following principles, and the Arbitrator shall apply the same principles in reviewing its output:

(1) The dispute is decided first on the text of the contract and the evidence and arguments submitted by the parties; statutes and case law are applied where the contract and record do not resolve the issue.

(2) The applicable substantive law is the law chosen in the contract. Absent a choice, the Arbitrator determines the applicable law under the conflict rules the Arbitrator considers appropriate, and states the determination in the Award.

(3) No theory of liability or defence is introduced that no party has raised, provided that the Arbitrator may invite the parties to comment on an issue the record fairly presents.

(4) Inferences may be drawn from the record, including from a party's failure to produce requested documents within its control.

(5) Uncertainty is stated, not concealed: where the record does not permit a confident finding, the draft analysis says so, and the applicable burden of proof resolves the point.

Rule 8. Appointment, Disclosure and Challenge of the Arbitrator

(a) Appointment. Tuomio appoints a sole Arbitrator from its panel after the close of the written phases (or earlier where appropriate), and notifies the parties of the appointment and of the Arbitrator's declaration of impartiality, independence and availability.

(b) Disclosure. Before appointment and continuously thereafter, the Arbitrator must disclose any circumstance likely to give rise to justifiable doubts as to their impartiality or independence.

(c) Challenge. A party may challenge the Arbitrator within fifteen (15) days of becoming aware of the appointment and of the circumstance founding the challenge (the period provided in section 11 of the Arbitration Act), stating its reasons in writing. The other party may comment within seven (7) days. Tuomio decides the challenge; if it is sustained, or if the Arbitrator resigns or cannot act, Tuomio appoints a replacement under this Rule. A party retains any right of challenge and annulment available under the law of the seat.

(d) Financial independence and disclosure. The Arbitrator's fee for a case does not depend on the outcome of that case. An ownership or other financial interest in Tuomio does not of itself disqualify a person from serving as Arbitrator, but every such interest is a circumstance that must be disclosed under Rule 8(b) before appointment and is subject to challenge under Rule 8(c); a party that does not challenge within the period stated there waives objection to the disclosed interest to the extent permitted by law. The Appellate Arbitrator must hold no ownership or other financial interest in Tuomio beyond case fees.

Rule 9. Citations and Fabricated Authority

(a) Tuomio and the Arbitrator verify citations to legal authority — whether submitted by a party or generated by the AI System — before reliance is placed on them. No award may rely on an authority that has not been verified to exist.

(b) A citation that cannot be verified is disregarded, and the party that submitted it may be required to produce the authority or explain its origin. Persistent submission of fabricated authority may be sanctioned under Rule 21 and may be reflected in the assessment of that party's credibility.

(c) The Arbitrator may take notice of publicly available law and public registry facts, and shall give the parties an opportunity to comment on any noticed matter that is material to the outcome.

Part III — Commencement and Communications

Rule 10. Commencing an Arbitration

(a) Claim. The Claimant commences an arbitration by submitting to Tuomio: (i) the Claim, stating the parties, the relief sought, the grounds relied on, and the arbitration agreement invoked; (ii) a copy of the arbitration agreement or of the contract containing it, together with evidence of its conclusion sufficient to establish an agreement in writing (such as signatures, records of electronic acceptance, or the exchange of documents in which the agreement is contained); (iii) all documents relied on; (iv) confirmation of its business status under Rule 2(c) and completion of the identity verification Tuomio requires; and (v) payment of the filing fee under the Fee Schedule.

(b) Intake review. Tuomio reviews the submission under Rule 2(d), performs a conflicts screen, and either accepts the case for administration or declines it with a refund of the filing fee (less any administrative charge stated in the Fee Schedule).

(c) Notice to Respondent. Tuomio serves a Notice of Arbitration on the Respondent by email to the address stated in the contract or otherwise used between the parties. Unless the Respondent confirms receipt without delay, Tuomio additionally serves the Notice by registered letter or courier, with a record of delivery or attempted delivery, to the Respondent's registered or last-known place of business. The Notice identifies the Claimant, states the arbitration agreement invoked and the dispute referred to arbitration, summarises the relief sought, and instructs the Respondent how to access the case and respond. The Notice satisfies the requirements of section 12 of the Arbitration Act.

(d) Commencement. The arbitration commences on the date the Respondent receives, or under Rule 11(b) is deemed to have received, the Notice of Arbitration (section 21 of the Arbitration Act). Tuomio confirms the commencement date to both parties in writing.

Rule 11. Service and Deemed Receipt

(a) All communications in the arbitration are made electronically through the means Tuomio designates for the case (the "Case Channel"), which may be a case platform, a designated email thread, or both.

(b) A communication is deemed received: (i) if delivered through the case platform, on the day of transmission; (ii) if sent by email, on the day of transmission unless the sender receives an automated non-delivery report; and (iii) if sent by registered letter or courier, on the day of documented delivery. If, after reasonable inquiry, no address yielding a record of delivery can be found, a communication is deemed received on the day a documented attempt was made to deliver it by registered letter or courier to the addressee's registered office or last-known place of business. A communication delivered by 23:59 at the seat is made on that day.

(c) The parties must maintain and monitor a valid email address throughout the arbitration and for one (1) year after the Award, and must promptly notify Tuomio of any change.

(d) Ex parte communications. No party may communicate with the Arbitrator about the case except through the Case Channel with all parties included. Administrative and scheduling matters may be addressed to Tuomio directly; Tuomio shares any material communication with all parties.

Rule 12. Written Phases and Timetable

(a) The default proceeding is in writing and consists of four phases:

(b) In each phase a party must submit all evidence then relied on. A party may request specific documents from the other party; an unjustified failure to produce documents within a party's control may result in adverse inferences.

(c) The Arbitrator may invite or permit further submissions, put questions to the parties, and extend any deadline on reasonable request or on their own initiative. Tuomio may extend deadlines before the Arbitrator is appointed. The parties may jointly modify any deadline in writing.

(d) Close of proceedings. The proceedings close upon completion of the final phase and any further steps the Arbitrator has directed. The Arbitrator gives notice of the close.

Rule 13. Non-Participating Respondent

(a) If the Respondent does not respond, the arbitration proceeds, provided the Notice of Arbitration was received or is deemed received under Rule 10(c) and Rule 11(b). Before any award is issued against a non-participating Respondent, Tuomio and the Arbitrator verify that the record documents delivery, or the attempts at delivery, of the Notice of Arbitration and of every subsequent material communication, so that the Respondent had notice of the proceedings and an opportunity to present its case within the meaning of sections 22 and 41 of the Arbitration Act and Article V(1)(b) of the New York Convention.

(b) No automatic default. The absence of the Respondent is not itself grounds for an award. To obtain an award against a non-participating Respondent, the Claimant must establish its claim on the evidence to the Arbitrator's satisfaction. The Arbitrator draws no adverse inference from non-participation as such.

(c) Every communication in the case continues to be sent to the non-participating party, which may join the proceeding at any stage in the state it is then in.

Part IV — Proceedings

Rule 14. Conduct of Proceedings

(a) The parties are treated with equality, and each party is given a full opportunity to present its case. Subject to that principle and to these Rules, the Arbitrator conducts the proceedings in the manner they consider appropriate, avoiding unnecessary delay and expense.

(b) Strict rules of evidence do not apply. The Arbitrator determines the admissibility, relevance and weight of the evidence, applying the law governing privilege and legal professional secrecy where applicable.

(c) Settlement offers and communications made in an effort to settle the dispute are inadmissible, except where applicable law provides otherwise.

(d) Any issue of procedure not addressed in these Rules is resolved by the Arbitrator or, before appointment, by Tuomio; the resolution is final.

Rule 15. Hearings

(a) The default proceeding is documents-only. There are no in-person hearings.

(b) Any party may request a hearing by video conference in its Claim, Answer, Reply, or Rejoinder. The Arbitrator shall grant one such hearing on request unless the request is manifestly abusive, and may order a hearing on their own initiative. Hearings are limited in duration and scope as the Arbitrator directs and are subject to the fee stated in the Fee Schedule.

(c) Hearings serve, among other purposes: clarification of evidence, party and witness statements, and assessment of credibility. The Arbitrator may require a witness to confirm in writing that a statement is true and complete, and weighs credibility accordingly; the Arbitrator does not administer oaths or affirmations (section 27 of the Arbitration Act). Where examination under affirmation is necessary, a party may apply to a competent court under section 29 of the Arbitration Act.

(d) Hearings are recorded, and the recording (or a transcript of it) forms part of the record and may be analysed by the AI System.

Rule 16. Jurisdiction

The Arbitrator rules on their own jurisdiction, including any objection to the existence, validity, or scope of the arbitration agreement. A jurisdictional objection must be raised no later than in the objecting party's first substantive submission, or it is waived to the extent permitted by law.

Rule 17. Representation

A party may act through counsel or any authorised representative, or without representation. A party notifies Tuomio of its representative and of any change. Tuomio may exclude a representative whose participation would be unlawful or create a conflict compromising the proceeding, stating its reasons.

Rule 18. Interim Measures

The Arbitrator may grant interim measures of protection in the form of an order or interim award. A request to a competent court for interim relief is not incompatible with these Rules and is not a waiver of the right to arbitrate.

Rule 19. Settlement, Withdrawal and Consent Awards

(a) The parties may settle at any time. On the parties' joint request, the Arbitrator may record the settlement in a consent award.

(b) The Claimant may withdraw its claim (and a Respondent its counterclaim) before the Award. After commencement, withdrawal does not entitle a party to a refund except as stated in the Fee Schedule, and the other party may ask the Arbitrator to attach conditions to the withdrawal.

Rule 20. Suspension and Termination

Tuomio or the Arbitrator may suspend or terminate the administration of an arbitration where the parties are not proceeding in good faith, where fees remain unpaid after notice (either party may advance the unpaid share, to be reallocated in the Award), or where continuation would be unlawful.

Rule 21. Sanctions

The Arbitrator may sanction a party's non-compliance with these Rules or with the Arbitrator's orders by: allocating fees and costs against it; excluding evidence; drawing adverse inferences; or deciding an issue against it where the non-compliance has made a fair determination of that issue impossible. Sanctions are stated and reasoned in the Award or order.

Part V — The Award

Rule 22. The Award

(a) Timing. The Arbitrator renders the Award within twenty-eight (28) days of the close of proceedings. Tuomio may extend this period for good reason, stating the new date to the parties.

(b) Form. The Award is in writing and states: the parties; the seat and place of arbitration; the date; the relief granted or denied; the reasons for the decision, including findings of fact and conclusions of law; and the allocation of fees and costs. The Arbitrator signs the Award by hand or with a qualified electronic signature within the meaning of Regulation (EU) No 910/2014 (eIDAS), Article 25(2) of which gives a qualified electronic signature the legal effect of a handwritten signature.

(c) Costs. The Award allocates the fees of the arbitration between the parties as the Arbitrator considers appropriate, the starting point being that costs follow the outcome. The Award may include legal costs and interest where the contract or applicable law provides for them.

(d) Delivery. Tuomio delivers the Award to the parties through the Case Channel, in a manner producing a verifiable record of delivery (section 37 of the Arbitration Act). On request, Tuomio provides, subject to the Fee Schedule: certified paper copies of the Award and of the arbitration agreement; copies authenticated in the form required in the state of enforcement, including notarisation and apostille where required; and translations certified by an authorised or sworn translator (Article IV of the New York Convention).

Rule 23. Corrections, Appellate Review and Finality

(a) Corrections and additional awards. Within seven (7) days of delivery, a party may request correction of a computational, typographical, or similar error in the Award, or an additional award on a claim presented in the arbitration but omitted from the Award; the Arbitrator may also correct such an error on their own initiative. The other party may comment within seven (7) days. A corrected Award replaces the original; an additional award is made in the form required by Rule 22(b).

(b) Appellate review. Within fourteen (14) days of delivery, a party may request appellate review by paying the appellate fee. Tuomio then appoints a senior human arbitrator (the "Appellate Arbitrator") — a different person from the Arbitrator, subject to Rule 8 — who reviews the dispute de novo on the record, may invite further submissions, and issues a final Award within twenty-eight (28) days of appointment. The Appellate Arbitrator conducts the review personally; the AI System may be used for record navigation only.

(c) Finality. If no correction is requested and no appellate review is demanded, the Award is final upon expiry of the fourteen (14) day period. An Award issued on appellate review is final on delivery. Finality is without prejudice to any non-waivable recourse to the courts available under the law of the seat.

Part VI — Administration

Rule 24. Confidentiality

(a) Tuomio, the Arbitrator, and the parties keep the arbitration, the record and the Award confidential, except: as necessary to confirm, enforce, or challenge the Award; as required by law or a competent authority; as needed for a party's accounting, audit, insurance, or professional obligations; or with the written consent of all parties.

(b) The Arbitrator may issue protective orders for trade secrets and other sensitive information.

Rule 25. Data Protection and Retention

(a) Tuomio processes personal data as a controller in accordance with Regulation (EU) 2016/679 (GDPR) and its published privacy notice. Case data is processed and stored within the European Union.

(b) Each party warrants that personal data it submits may lawfully be disclosed for the purposes of the arbitration.

(c) Retention. Tuomio retains the Award and the essential case record for ten (10) years from finality. Other case materials are retained for twelve (12) months from finality, during which the parties may download them, and are then deleted, unless law or a pending proceeding requires longer retention.

(d) AI processing. Case data is used to conduct the arbitration. Case data is not used to train generally available models. Automated processing logs sufficient to reconstruct how the AI System was used in a case are retained with the essential case record.

Rule 26. Fees

The fees of the arbitration are stated in the Fee Schedule published at the canonical address and in force at commencement. Fees are fixed in advance for each claim band. The compensation of the Arbitrator is fixed by agreement between Tuomio and the Arbitrator and is paid by Tuomio out of the fees collected; the Arbitrator does not fix their own compensation in the Award. Tuomio may require deposits before any phase and may suspend the case for non-payment under Rule 20.

Rule 27. Tuomio Is Not a Party; Liability

(a) Neither Tuomio nor its personnel is a party to, or a necessary participant in, any proceeding arising out of an arbitration administered under these Rules.

(b) To the fullest extent permitted by law, neither Tuomio, its personnel, nor the Arbitrator is liable to any party for any act or omission in connection with an arbitration, except where the act or omission is shown to constitute intentional wrongdoing or gross negligence.

(c) The parties will not call the Arbitrator or Tuomio personnel as a witness in any proceeding concerning the subject matter of the arbitration, to the extent such an undertaking is enforceable.

Rule 28. Force Majeure and Technology

(a) Deadlines affected by events beyond a participant's reasonable control, including platform outages and widespread network failures, are extended for the duration of the event. A filing that fails for a technical reason outside the filing party's control is treated as made on the day of the first attempt, if completed promptly after the failure ends.

(b) Each party is responsible for its own connectivity and equipment.

Rule 29. Severability and Interpretation

(a) If any provision of these Rules is invalid or unenforceable, the remainder stays in force, and the provision is applied to the maximum extent the law permits.

(b) If these Rules conflict with a provision of the parties' arbitration agreement, the agreement prevails unless the provision is invalid under the law of the seat, in which case these Rules apply in its place.

(c) If these Rules conflict with mandatory law, the mandatory law prevails to the minimum extent necessary.

Rule 30. Definitions

• "AI System" — Rule 6(b).
• "Arbitrator" — the natural person appointed under Rule 8; where the context concerns appellate review, includes the Appellate Arbitrator.
• "Award" — the final decision of the Arbitrator on the merits, including a consent award; "interim award" — a decision on part of the dispute or on interim measures.
• "Case Channel" — Rule 11(a).
• "Claimant" / "Respondent" — the party commencing the arbitration / the party against which it is commenced; each includes multiple aligned persons, which Tuomio may treat as a single party for procedure and fees.
• "Commencement" — Rule 10(d).
• "Document" — any record of information in any form, including electronic messages, files, images, audio and video.
• "Fee Schedule" — the schedule of fees published at the canonical address.
• "Notice of Arbitration" — Rule 10(c).
• "Party" — Claimant or Respondent, including its representatives.
• Days are calendar days. Deadlines expiring on a Saturday, Sunday, or public holiday at the seat expire on the next business day. "Or" is inclusive. Currency amounts are in euros.

Appendix A — Model Arbitration Clause

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or validity thereof, shall be finally settled by arbitration administered by Tuomio in accordance with the Tuomio Arbitration Rules in force at the commencement of the arbitration. The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be English. The parties confirm that they enter into this agreement in the course of their trade, business, or profession.

Submission agreement (for existing disputes):

The undersigned parties agree to submit the following dispute to arbitration administered by Tuomio in accordance with the Tuomio Arbitration Rules in force at the commencement of the arbitration: [describe dispute]. The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be English. Each party confirms that it acts in the course of its trade, business, or profession.

Appendix B — Summary of Timelines

Any deadline may be extended under Rule 12(c).

© Tuomio. These Rules may be reproduced unmodified for the purpose of agreeing to or conducting arbitration. Version history and all prior versions are available at the canonical address.