At 10:00 pm on June 29th, Beijing time, EOS Pacific and the EMAC (EOS Mandarin Arbitration Community) held the 12th meeting of arbitrator candidates in accordance with the adopted proposal EMAC-0001. Kevin Rose from EOS New York also joined the meeting.
EOS Pacific maintains close contact with most major global nodes, including EOS New York. After Kevin Rose learned that the mandarin community is currently paying a high attention to governance topics, and has established the governance community EMAC, he expressed the hope have an in-depth communication and discussion with members of the Mandarin community about hot topics in current governance through EOS Pacific.
Kevin made a simple self-introduction and entered the communication session. In the exchange, he repeatedly mentioned the idea that EOS arbitration should implement a competitive mechanism and a free market. Here are some questions during the conference to Kevin:
Q:
Candidate Stephan asked: At present, the hotspots discussed in the entire governance community are centered around the exchange. The current exchange allows the user’s EOS to vote for the nodes they support. How does Kevin view this issue?
A:
The ability to vote must meet two conditions, one is to have the ownership of EOS, and the other is to vote by the agent: the owner needs to have a agreement with the agent to allow the agent to vote on behalf of the owner. The current behavior of the exchange, such as the one of the hottest Bitfinex, is strongly questioned by the community. For this, Bitfinex made some changes. Previously, it was to vote for the two nodes it supported. Now Bitfinex will distribute the votes to 3–4 nodes.
Q:
Candidate Zhang Chen asked: I read an article about the status of arbitration from EOS New York on Medium some time ago. Please talk about some recent views on arbitration, and the role of ECAF in EOS arbitration.
A:
In fact, arbitration does not have to be completed by one arbitration institution. There may be regional arbitration institutions and a number of arbitration institutions to form a competitive situation, mutually restrict and compete with each other to achieve a balanced arbitration effect.
Regarding the aspects of arbitration, I would like to explain the following points. First of all, the scope of application of arbitration (1. Both parties agree to resolve the dispute by means of arbitration; 2. Both parties agree to go to the arbitration of the designated arbitration institution; 3. Both parties agree to the arbitration rules of the arbitral institution.) Secondly, the scope of the arbitral choices that can be chosen by the current constitution is rather vague and broad. For example, one of them is “don’t lie”. This definition is very broad. Recently, DM proposed the competition mechanism for arbitration. I think this direction is correct.
At present, there are still some situations in arbitration that need to be explained. Is it necessary to use a chain to resolve disputes? If yes, then should arbitration be used as a way to resolve disputes, and if the judgment is not fulfilled, what will be done? These are all related issues. With regard to this, we can refer to the New York Convention signed and accredited by 159 countries.
Q:
Candidate Yao Siqi: Just now Kevin mentioned that the arbitration is based on the premise that both parties agree to adopt arbitration. If my account is hacked, the hacker will not appear, but I want to arbitrate. How to deal with this situation?
A:
The following answers are my personal views and do not constitute a professional legal meaning: Although hackers do not appear, but hackers appear in the EOS system. It is the default acceptance of EOS treaty, for which the scope of arbitration is applicable.
ECAF is a private organization and there are currently several volunteers working free of charge. What needs to be asked is where is the responsibility of the ECAF? Is the authority of arbitration in the organization or in the arbitrator? In my opinion, ECAF is currently only the link between the parties and the arbitrators. Based on the above points, I hope that arbitration will adopt a freely competitive market. EOS arbitration can then continue to optimize development.
Q:
Candidate Stephan: How can we tell if an arbitrator is a qualified arbitrator?
A:
How to judge, how to choose, the power is in the hands of the people, that is, in your hands. We may choose to conduct arbitration in the following ways: The parties to the dispute each nominate three arbitrators they trust, provided that the parties agree to go to ECAF for arbitration, and then the parties select the coincident arbitrators among the nominated candidates.
Q:
Candidate Zhang Zhen: In the arbitration environment using free market, there may be different arbitration opinions on the same issue. What should be done to deal with the above situation?
A:
In response to this question, I think we can refer to the case law of the Anglo-American legal system, refer to the current arbitration case based on the previous arbitration case, and also refer to the existing mature rules of the arbitration system, including the Chinese arbitration rules.
Q:
Candidate Zhang Chen: How can we ensure that the arbitrator’s arbitration decision is fully implemented?
A:
The arbitration processes need to be on chain, and after that, all processes can be fully executed. My questions and doubts about the current status of EOS arbitration are not my opposition to ECAF. My position is to be a member of the EOS ecosystem, worry about the current ecological development, and put forward my suggestions. For the time being, the work done by ECAF is unsatisfactory, with a lot of power, but no corresponding work.
Our education for the entire community is also very important. More and more people need to have a deeper and more professional understanding of arbitration and governance.
Q:
Candidate Stephan: do we need an “ECAF” in the Mandarin community?
A:
Yes! Of course you need it. EOS is a global ecological network. Currently, ECAF uses English, but English does not seem to be common in China. Therefore, it is very necessary to establish a Chinese language arbitration institution to resolve disputes in the Mandarin community.
We are very grateful to Kevin Rose for participating in the EMAC video conference on behalf of EOS New York, and discussing with the Chinese governance candidates and members on the latest global governance issues.