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Judial / Commercial arbitration

Resolve Software Development Contract Disputes Online

When a software build, SaaS rollout or licensing arrangement breaks down, the dispute often turns on what was agreed, what was accepted and what the project record shows. Judial provides a structured online arbitration path for suitable cross-border commercial disputes.

01 / The dispute

Keep the dispute tied to delivery, acceptance and the deal.

This page concerns contractual performance in software development, SaaS and licensing relationships, not the validity of intellectual property rights.

The key questions commonly concern scope, milestones, acceptance, service commitments, payment, termination and handover. Where the core issue is ownership, infringement or the validity of an IP right, the matter may require a different analysis. See Judial’s IP dispute page for commercial IP issues.

01

Scope and change-control disputes

Whether a statement of work, backlog or change request required particular features, integrations or documentation.

02

Milestone, acceptance and defect disputes

Whether a deliverable met agreed acceptance criteria, whether notice was given and whether remediation was required.

03

SaaS, SLA and payment disputes

Whether service levels, support commitments, subscription terms, usage limits or invoices were performed as agreed.

04

Termination and handover disputes

Whether termination was effective and what access, data, repositories, source materials or transition support remained due under the contract.

02 / Evidence

Build the record around the commercial relationship.

Judial's case-fit review starts with the agreement and the documents that show how the parties performed, communicated and brought the relationship to an end. The relevance and weight of any document depend on the case.

  • Master services agreement, SaaS agreement, licence agreement and statement of work
  • Scope documents, change requests, specifications and acceptance criteria
  • Milestone records, delivery notices, test results and acceptance communications
  • Ticket history, support correspondence, SLA reports and system access records
  • Invoices, payment records, notices of breach and termination correspondence
  • Handover records concerning credentials, repositories, data or agreed transition support

03 / Procedure

A structured route, not a promised result.

Judial is designed for commercial parties who need a clear framework for a cross-border dispute.

Each case requires its own assessment. The agreement, applicable law, seat, party participation and evidentiary record affect whether arbitration is suitable and how a proceeding can be structured. Judial does not promise a particular outcome, timeframe, cost or enforceability result.

04 / Reviewer

Reviewed for Judial by its founder and arbitrator.

Dr. Adam S. Dampc

Dr. Adam S. Dampc is a German Rechtsanwalt, Judial founder and arbitrator. He has 10+ years in legal and commercial matters, including commercial, corporate and B2B contract disputes with an international dimension. He does not act as party counsel in Judial proceedings.

Read Adam Dampc's profile

05 / Primary sources

Useful legal context.

WIPOArbitration case examples, including technology and commercial disputesUNCITRALConvention on the Recognition and Enforcement of Foreign Arbitral Awards

These sources provide general context. They do not determine the law applicable to a particular dispute or whether a particular award will be recognised or enforced.

06 / Questions

Frequently asked questions.

Can a software development dispute be arbitrated?

It may be suitable where the parties have an arbitration agreement or both later consent to arbitration. Suitability also depends on the claims, applicable law, evidence and participation of the parties.

What evidence is useful in a SaaS or software project dispute?

The agreement, statement of work, specifications, changes, acceptance materials, tickets, SLA records, invoices and communications can help establish what was promised and how the project progressed.

Is a software arbitration award automatically enforceable abroad?

No. Recognition and enforcement under the New York Convention are subject to the Convention and the national law and procedure of the enforcing state.

Case fit

Start with the agreement and the core documents.

Tell us about the parties, the agreement and the dispute. Judial can help you assess whether the matter is a potential fit for online arbitration.

Check case fit