Step 8 · Arbitrate
End-of-period arbitration
This is the moment that sets Archivum apart from a mere storage service. At the end of each contractual period, the named successors decide — collegially or alone, under the agreed rule — between extension, deletion or transfer. The final decision belongs to designated people, never to the provider.
Why a formal arbitration
An archiving agreement that did not provide for a term and an arbitration procedure would, at best, end up in perpetual renewal without review — at worst, in a drift where archives accumulate without anyone asking whether they are still useful or GDPR-compliant. End-of-period arbitration forces the conversation. Three months before the end of a conservation stratum, the successors receive a structured notice and must decide.
It is also the moment when responsibility is set straight again. The successors deciding at arbitration may differ from those who signed initially. A surviving spouse takes over from a deceased director. A former partner has stepped out, a new one (heir, agent) has stepped in. The initial voting rule, however, stays the same — that is what allows decisions to be taken despite changes in composition. See collegial vote and digital successor.
How arbitration unfolds
- T-3 mo
Deadline notification
All named successors receive a written notice. It recalls the stratum concerned, its elapsed duration, its content (volume, category, last consultation), the three applicable options and the voting rule in force.
- T-2 mo
Deliberation
Open discussion period among successors. Depending on the voting rule, they may be required to meet physically, by video, or simply to vote individually through a secure channel. For complex transmissions, a notary or lawyer may be involved — Archivum does not interfere.
- T-1 mo
Vote and decision
Formalised vote under the agreed rule: simple majority, qualified majority, unanimity, with or without veto right. The vote is logged. The decision is recorded in a signed minutes document.
- T
Execution of the decision
Depending on the result: commitment to a new period with possible update of access grants (extension), secure destruction and issuance of a destruction certificate (deletion), or contractual transfer of domain and assets (transfer).
- Default
Default scenario
If no decision is taken within the deadline, the default scenario set in the contract applies automatically — typically the status quo (extension for an identical period). No deletion is ever triggered by default.
The three options in detail
Extension
A new period, generally identical to the previous one, with possible review of access grants and perimeter. Pricing follows the indexation set in the contract. The most common default scenario — it preserves patrimonial value and leaves the decision for later.
Secure deletion
Physical and logical destruction of the stratum concerned. Issuance of an enforceable destruction certificate, signed by Archivum and addressed to each successor. Sound choice when the stratum no longer carries legal or patrimonial value (e.g. prospecting files at 3 years, accounting at 10 years).
Transfer of rights to the trustee
Archivum inherits contractually the domain, published content or archives, releasing successors from future charges. Exploitation terms set in the contract. Useful for domains still carrying value or archives of historical interest no successor wishes to carry alone.
Specific cases
Disappearance of a successor during the period. The contract sets the replacement procedure (succession, designation by the other successors under the voting rule). At arbitration, the quorum is calculated on the successors actually in place.
Open conflict between successors. The voting rule decides. If it does not (e.g. a vote stuck 50/50 with no veto right), the default scenario applies. We strongly recommend that multi-party structures include either a veto right, a tie-breaker mechanism, or delegation to a third party (notary, mediator), to avoid perpetual deadlock.
External request during deliberation. If an administration or a court requests access to the stratum concerned during the deliberation period, arbitration may be suspended until resolution. No arbitration can force the deletion of archives under legal coercion.
Scope your arbitration
The voting rule and default scenario are set at contract signature — not ten years later under pressure. A well-done initial scoping prevents future conflict.