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Other Alternative Dispute Resolution Methods
WORLD INTELLECTUAL PROPERTY ORGANIZATION
VI. Fees and Costs
Fees of the Center
The Request for Arbitration shall be subject to the payment to the Center of a registration fee, which shall belong to the International Bureau of WIPO. The amount of the registration fee shall be fixed in the Schedule of Fees applicable on the date on which the Request for Arbitration is received by the Center.
The registration fee shall not be refundable.
No action shall be taken by the Center on a Request for Arbitration until the registration fee has been paid.
If a Claimant fails, within 15 days after a second reminder in writing from the Center, to pay the registration fee, it shall be deemed to have withdrawn its Request for Arbitration.
An administration fee, which shall belong to the International Bureau of WIPO, shall be payable by the Claimant to the Center within 30 days after the commencement of the arbitration. The Center shall notify the Claimant of the amount of the administration fee as soon as possible after receipt of the Request for Arbitration.
In the case of a counterclaim, an administration fee shall also be payable by the Respondent to the Center within 30 days after the date on which the counterclaim referred to in Article 42(c) is made. The Center shall notify the Respondent of the amount of the administration fee as soon as possible after receipt of notification of the counterclaim.
The amount of the administration fee shall be calculated in accordance with the Schedule of Fees applicable on the date of commencement of the arbitration.
Where a claim or counterclaim is increased, the amount of the administration fee may be increased in accordance with the Schedule of Fees applicable under paragraph (c), and the increased amount shall be payable by the Claimant or the Respondent, as the case may be.
If a party fails, within 15 days after a second reminder in writing from the Center, to pay any administration fee due, it shall be deemed to have withdrawn its claim or counterclaim, or its increase in claim or counterclaim, as the case may be.
The Tribunal shall, in a timely manner, inform the Center of the amount of the claim and any counterclaim, as well as any increase thereof.
Fees of the Arbitrators
The amount and currency of the fees of the arbitrators and the modalities and timing of their payment shall be fixed, in accordance with the provisions of this Article, by the Center, after consultation with the arbitrators and the parties.
The amount of the fees of the arbitrators shall, unless the parties and arbitrators agree otherwise, be determined within the range of minimum and maximum fees set out in the Schedule of Fees applicable on the date of the commencement of the arbitration, taking into account the estimated time needed by the arbitrators for conducting the arbitration, the amount in dispute, the complexity of the subject matter of the dispute, the urgency of the case and any other relevant circumstances of the case.
Upon receipt of notification from the Center of the establishment of the Tribunal, the Claimant and the Respondent shall each deposit an equal amount as an advance for the costs of arbitration referred to in Article 71. The amount of the deposit shall be determined by the Center.
In the course of the arbitration, the Center may require that the parties make supplementary deposits.
If the required deposits are not paid in full within 30 days after receipt of the corresponding notification, the Center shall so inform the parties in order that one or other of them may make the required payment.
Where the amount of the counterclaim greatly exceeds the amount of the claim or involves the examination of significantly different matters, or where it otherwise appears appropriate in the circumstances, the Center in its discretion may establish two separate deposits on account of claim and counterclaim. If separate deposits are established, the totality of the deposit on account of claim shall be paid by the Claimant and the totality of the deposit on account of counterclaim shall be paid by the Respondent.
If a party fails, within 15 days after a second reminder in writing from the Center, to pay the required deposit, it shall be deemed to have withdrawn the relevant claim or counterclaim.
After the award has been made, the Center shall, in accordance with the award, render an accounting to the parties of the deposits received and return any unexpended balance to the parties or require the payment of any amount owing from the parties.
Award of Costs of Arbitration
In its award, the Tribunal shall fix the costs of arbitration, which shall consist of:
the arbitrators' fees,
the properly incurred travel, communication and other expenses of the arbitrators,
the costs of expert advice and such other assistance required by the Tribunal pursuant to these Rules, and
such other expenses as are necessary for the conduct of the arbitration proceedings, such as the cost of meeting and hearing facilities.
The aforementioned costs shall, as far as possible, be debited from the deposits required under Article 70.
The Tribunal shall, subject to any agreement of the parties, apportion the costs of arbitration and the registration and administration fees of the Center between the parties in the light of all the circumstances and the outcome of the arbitration.
Award of Costs Incurred by a Party
In its award, the Tribunal may, subject to any contrary agreement by the parties and in the light of all the circumstances and the outcome of the arbitration, order a party to pay the whole or part of reasonable expenses incurred by the other party in presenting its case, including those incurred for legal representatives and witnesses .
Except to the extent necessary in connection with a court challenge to the arbitration or an action for enforcement of an award, no information concerning the existence of an arbitration may be unilaterally disclosed by a party to any third party unless it is required to do so by law or by a competent regulatory body, and then only
by disclosing no more than what is legally required, and
by furnishing to the Tribunal and to the other party, if the disclosure takes place during the arbitration, or to the other party alone, if the disclosure takes place after the termination of the arbitration, details of the disclosure and an explanation of the reason for it.
Notwithstanding paragraph (a), a party may disclose to a third party the names of the parties to the arbitration and the relief requested for the purpose of satisfying any obligation of good faith or candor owed to that third party.
Confidentiality of Disclosures Made During the Arbitration
In addition to any specific measures that may be available under Article 52, any documentary or other evidence given by a party or a witness in the arbitration shall be treated as confidential and, to the extent that such evidence describes information that is not in the public domain, shall not be used or disclosed to any third party by a party whose access to that information arises exclusively as a result of its participation in the arbitration for any purpose without the consent of the parties or order of a court having jurisdiction.
For the purposes of this Article, a witness called by a party shall not be considered to be a third party. To the extent that a witness is given access to evidence or other information obtained in the arbitration in order to prepare the witness's testimony, the party calling such witness shall be responsible for the maintenance by the witness of the same degree of confidentiality as that required of the party.
Confidentiality of the Award
The award shall be treated as confidential by the parties and may only be disclosed to a third party if and to the extent that
the parties consent, or
it falls into the public domain as a result of an action before a national court or other competent authority, or
it must be disclosed in order to comply with a legal requirement imposed on a party or in order to establish or protect a party's legal rights against a third party.
Maintenance of Confidentiality by the Center and Arbitrator
Unless the parties agree otherwise, the Center and the arbitrator shall maintain the confidentiality of the arbitration, the award and, to the extent that they describe information that is not in the public domain, any documentary or other evidence disclosed during the arbitration, except to the extent necessary in connection with a court action relating to the award, or as otherwise required by law.
Notwithstanding paragraph (a), the Center may include information concerning the arbitration in any aggregate statistical data that it publishes concerning its activities, provided that such information does not enable the parties or the particular circumstances of the dispute to be identified.
Except in respect of deliberate wrongdoing, the arbitrator or arbitrators, WIPO and the Center shall not be liable to a party for any act or omission in connection with the arbitration.
Waiver of Defamation
The parties and, by acceptance of appointment, the arbitrator agree that any statements or comments, whether written or oral, made or used by them or their representatives in preparation for or in the course of the arbitration shall not be relied upon to found or maintain any action for defamation, libel, slander or any related complaint, and this Article may be pleaded as a bar to any such action.
SCHEDULE OF FEES
FEES OF THE CENTER
I. Registration Fee
Where the amount of the claim is not specified at the time of submitting the Request for Arbitration, a registration fee of $1,000 shall be payable, subject to adjustment when the Statement of Claim is filed.
Where a claim is not for a monetary amount, a registration fee of $1,000 shall be payable, subject to adjustment. The adjustment shall be made by reference to the registration fee that the Center, upon examination of the Request for Arbitration or the Statement of Claim, determines to be appropriate in the circumstances.
The amount of claims expressed in currencies other than United States dollars shall, for the purposes of calculating the registration fee, be converted to amounts expressed in United States dollars on the basis of the official United Nations exchange rate prevailing on the date of submission of the Request for Arbitration.
II. Administration Fee
Where a claim or counterclaim is not for a monetary amount, the Center shall determine an appropriate administration fee.
For the purpose of calculating the administration fee, the percentage figures are applied to each successive part of the amount of claim or counterclaim. For example, if the amount of claim is $5,000,000, the administration fee would be calculated as follows:
The maximum administration fee payable is $35,000.
The amounts of claims or counterclaims expressed in currencies other than United States dollars shall, for the purposes of calculating the administration fee, be converted to amounts expressed in United States dollars on the basis of the official United Nations exchange rate prevailing on the date of submission of the claim or of the counterclaim, respectively.
For the purpose of calculating the amount of claims, the value of any counterclaim is added to the amount of the claim.
For the purpose of calculating the minimum and maximum amounts of the arbitrators' fees, the percentage figures are applied to each successive part of the whole amount of claims. For example, if the amount of claim is $1,500,000, the minimum fees for a sole arbitrator would be calculated as follows:
Where a claim or counterclaim is not for a monetary amount, the Center shall, in consultation with the arbitrators and the parties, determine an appropriate value for the claim or counterclaim for the purpose of determining the arbitrators' fees.
The amounts of claims or counterclaims expressed in currencies other than United States dollars shall, for the purpose of determining the arbitrators' fees, be converted to amounts expressed in United States dollars on the basis of the official United Nations exchange rate prevailing on the date of submission of the claim or of the counterclaim, respectively.
The amounts and percentage figures specified in the Table for a three-person Tribunal represent the total fees payable to such a Tribunal, and not the fees payable to each arbitrator. Such fees shall be distributed between the three persons in accordance with the unanimous decision of those three persons. In the absence of such a decision, the distribution shall be 40 per cent for the presiding arbitrator, and 30 per cent for each of the other two arbitrators.
Where, by the agreement of the parties, a number of arbitrators other than one or three is appointed to a Tribunal, the scale of minimum and maximum fees for the Tribunal in question shall be determined by the Center. That scale shall be so determined by multiplying the scale for a sole arbitrator by the number of arbitrators reduced by a factor that takes account of the sharing of work and responsibility among the arbitrators.