WIPO Arbitration and Mediation Center (WIPO Center) - World Arbitration Reporter (WAR) -2nd Edition

The WIPO Center was established in 1994 as part of the World Intellectual Property Organization (WIPO). WIPO is an inter-governmental organization and a specialized agency of the United Nations with a mandate from its currently 194 Member States to develop a balanced and accessible international intellectual property (IP) system. The WIPO Center is based in Geneva, Switzerland, and since January 2010 it has also an office in Singapore.

The WIPO Center’s role is to facilitate the time and cost-effective resolution of IP and related disputes through alternative dispute resolution (ADR) mechanisms, such as mediation, arbitration and expert determination. As part of an international organization that works with a wide range of stakeholders, the WIPO Center is recognized as an international and neutral forum particularly adapted for cross-border IP and related commercial disputes.

2. WIPO Rules

The WIPO Mediation, Arbitration and Expedited Arbitration Rules (WIPO Rules) were first promulgated in 1994. The WIPO Expert Determination Rules were adopted in 2007. The WIPO Expedited Arbitration Rules are based on the WIPO Arbitration Rules, but provide for shortened timelines and reduced cost, and for a sole arbitrator. They are especially suitable for less complex cases with a lower amount in dispute where a particularly expeditious resolution is needed. The present note makes reference to both the WIPO Arbitration and Expedited Arbitration Rules.

Informed by WIPO case experience and by the global evolution of ADR practices, the WIPO Rules were updated in 2014 to introduce several novelties, notably with a view to multiparty arbitration and emergency relief. Effective January 1, 2016, the WIPO Mediation Rules make available the option for a party to file a unilateral request for mediation, in the absence of a mediation agreement.

Table of Contents:

WIPO ARBITRATION AND MEDIATION CENTER (WIPO CENTER) - TABLE OF CONTENTS from World Arbitration Reporter (WAR) - 2nd Edition

WIPO ARBITRATION AND MEDIATION CENTER (WIPO CENTER)

I. BASIC INFORMATION

A. History and Background of the Institution

1. History and role of the WIPO center

2. WIPO Rules

3. WIPO ADR Services

B. Model Clauses and Submission Agreements

C. Arbitrators

1. Party autonomy

2. Nationality

3. Appointment of sole arbitrator

4. Appointment of three-member tribunal

5. Default-list procedure

6. Multi-party appointment of three-member tribunal

7. Truncated tribunal

8. Impartiality, independence and availability

9. Challenge procedure

10. Exclusion of liability

D. Costs, Fees and Other Service Charges

1. Registration and administration fees

2. Arbitrators’ fees

3. Deposits

4. Award of costs

5. Final Accounting

II. ARBITRAL PROCEDURE BEFORE THE WIPO AND MEDIATION CENTER

A. Commencement of Proceedings

B. Terms of Reference

C. Place of Arbitration

D. Language of Arbitration

E. Applicable Law

F. Interim Measures

G. Statement of Claim, Statement of Defense and Further

Written Statement

H. Technical Evidence

I. Hearings

J. Witnesses and Experts

K. Confidentiality

L. Awards

1. Form and effect

2. Timelines

3. Settlement

III. APPENDIX

A. WIPO Arbitration Model Clauses and Submission

Agreements

1. For future disputes

2. For existing disputes

B. WIPO Arbitration Rules

C. WIP Expedited Arbitration Rules

D. Contact Details of the WIPO Arbitration and

Mediation Center

E. Citations and Bibliography

Reviews:

Ignacio de Castro, Deputy Director, and Heike Wollgast, Senior Legal Officer, WIPO Arbitration and Mediation Center. More information about the authors at http://www.wipo.int/amc/en/contact/.