Help, an Escrow Dispute. What Now? Here’s How to Resolve It Quickly and Effectively!

What should you do if you’re facing a dispute? The first step is to try to resolve it through discussions with the parties involved. If that doesn’t work, you may need to escalate the matter to court. But how do you handle this when it involves highly specialized matters, such as ICT disputes? In such cases, it is advisable to involve a specialist. Since courts often lack familiarity and in-depth knowledge of IT-related disputes, it is preferable to engage a specialized arbitration institution. This is particularly relevant for disputes over release or retrieval conditions related to software or SaaS escrow agreements.

Faster Resolution and Expert Knowledge

The benefits of involving such a specialist are clear. First, decisions are made more quickly, allowing you to move forward sooner. Second, as mentioned, the required expertise is available. Such institutions deal with IT conflict management daily and possess the necessary in-depth knowledge.

SGOA: Experts in IT Conflict Management

In the Netherlands, we have the Stichting Geschillenoplossing Automatisering (SGOA). Due to their role as a recognized expert in IT conflict management, we include them as a standard part of our contracts. The purpose of the SGOA (Foundation for the Resolution of Automation Disputes) is to mediate, resolve, and, if necessary, arbitrate disputes in the field of ICT in the broadest sense.

The Escrow Party Is Not the Arbitrator 

If something goes wrong, the arbitrator determines whether the release of the source code is justified. This arbitrator is designated at the start of the partnership when the contract is signed. We, as the escrow provider, are explicitly not the arbitrator.

In the event of a dispute regarding the release of the code, the SGOA and the designated arbitrator are engaged. The only circumstance under which we are authorized to release the code ourselves is in the case of bankruptcy, as this is not subject to dispute. Court rulings in such cases are public and can be accessed, for example, on rechtspraak.nl. 

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Escrow4all is an innovative escrow provider and the only one in the Benelux with ISO 27001 certification. With our knowledge and experience, we ensure that the intellectual property of the software supplier is in safe hands.

Would you like to stay informed about the latest news and insights from the escrow market? Check out our knowledge base.

Would you like to have an informal coffee meeting with a party that can explain the above or discuss related matters? Feel free to contact us—we’re happy to help!