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 ..."