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Commercial Arbitration and
Other Alternative Dispute Resolution Methods


WORLD INTELLECTUAL PROPERTY ORGANIZATION

RECOMMENDED CONTRACT CLAUSES
AND SUBMISSION AGREEMENTS

 



The following pages contain recommended contract clauses (for the submission of future disputes under a particular contract) and submission agreements (for the reference of an existing dispute) for the following procedures administered by the WIPO Arbitration and Mediation Center:

  • mediation under the WIPO Mediation Rules,

  • arbitration under the WIPO Arbitration Rules ,

  • expedited arbitration under the WIPO Expedited Arbitration Rules ,

  • mediation under the WIPO Mediation Rules followed, in the absence of a settlement, by arbitration under the WIPO Arbitration Rules.

 

FUTURE DISPUTES

Recommended WIPO Mediation Clause

"Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules. The place of mediation shall be ... The language to be used in the mediation shall be ..."

Recommended WIPO Arbitration Clause

"Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. The arbitral tribunal shall consist of [three arbitrators][a sole arbitrator]. The place of arbitration shall be ... The language to be used in the arbitral proceedings shall be ... The dispute, controversy or claim shall be decided in accordance with the law of ..."

Recommended WIPO Expedited Arbitration Clause

"Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules. The place of arbitration shall be ... The language to be used in the arbitral proceedings shall be ... The dispute, controversy or claim shall be decided in accordance with the law of ..."

Recommended Clause for WIPO Mediation Followed,
in the Absence of a Settlement, by Arbitration

"Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules. The place of mediation shall be ... The language to be used in the mediation shall be ...

"If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within [60][90] days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. Alternatively, if, before the expiration of the said period of [60][90] days, either party fails to participate or to continue to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. The arbitral tribunal shall consist of [three arbitrators] [a sole arbitrator]. The place of arbitration shall be ... The language to be used in the arbitral proceedings shall be ... The dispute, controversy or claim referred to arbitration shall be decided in accordance with the law of ..."

 EXISTING DISPUTES

Recommended Submission Agreement for WIPO Mediation

"We, the undersigned parties, hereby agree to submit to mediation in accordance with the WIPO Mediation Rules the following dispute:

[Brief description of the dispute]

"The place of mediation shall be ... The language to be used in the mediation shall be ..."

Recommended Submission Agreement for WIPO Arbitration

"We, the undersigned parties, hereby agree that the following dispute shall be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules:

[Brief description of the dispute]

"The arbitral tribunal shall consist of [three arbitrators] [a sole arbitrator]. The place of arbitration shall be ... The language to be used in the arbitral proceedings shall be ... The dispute shall be decided in accordance with the law of ..."

Recommended Submission Agreement for
WIPO Expedited Arbitration

"We, the undersigned parties, hereby agree that the following dispute shall be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules:

[Brief description of the dispute]

"The place of arbitration shall be ... The language to be used in the arbitral proceedings shall be ... The dispute shall be decided in accordance with the law of ..."

Recommended Submission Agreement for WIPO Mediation Followed,
in the Absence of a Settlement, by Arbitration

"We, the undersigned parties, hereby agree to submit to mediation in accordance with the WIPO Mediation Rules the following dispute:

[Brief description of the dispute]

"The place of mediation shall be ... The language to be used in the mediation shall be ...

"We further agree that, if, and to the extent that, the dispute has not been settled pursuant to the mediation within [60][90] days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. Alternatively, if, before the expiration of the said period of [60][90] days, either party fails to participate or to continue to participate in the mediation, the dispute shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. The arbitral tribunal shall consist of [three arbitrators][a sole arbitrator]. The place of arbitration shall be ... The language to be used in the arbitral proceedings shall be ... The dispute referred to arbitration shall be decided in accordance with the law of ..."