WIPO Model Clauses

WIPO/FedArb—Model Clauses for International Arbitrations of Intellectual Property Disputes in Europe

Silicon Valley headquartered FedArb and Geneva based WIPO Arbitration and Mediation Center (“WIPO”) announced that they have jointly developed a set of standard dispute resolution clauses tailored for technology companies to use in their contracts. These model clauses can be found here.

These three clauses enable litigants to combine WIPO’s comprehensive, best-in-class arbitration rules with FedArb’s panel of renowned jurists with specific industry knowledge and substantive expertise and who have acted as arbitrators or mediators in resolving hundreds of the largest disputes involving intellectual property and technology law.

Future disputes – WIPO/FedArb 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 arbitral tribunal shall consist of [a sole arbitrator] [three arbitrators]* who shall be a member[s] of the FedArb panel.

The place of arbitration shall be [specify place].

The language to be used in the arbitral proceedings shall be [specify language].

The dispute, controversy or claim shall be decided in accordance with the law of [specify jurisdiction].
(*The WIPO Expedited Arbitration Rules provide that the arbitral tribunal shall consist of a sole arbitrator.)

WIPO/FedArb Mediation Followed, in the Absence of Settlement, by [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 submitted to mediation in accordance with the WIPO Mediation Rules. The mediator shall be a member of the FedArb panel. The place of mediation shall be [specify place]. The language to be used in the mediation shall be [specify language].

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 [Expedited] 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 [Expedited] Arbitration Rules. The arbitral tribunal shall consist of [a sole arbitrator][three arbitrators]* who shall be [a] member[s] of the FedArb Panel. The place of arbitration shall be [specify place]. The language to be used in the arbitral proceedings shall be [specify language]. The dispute, controversy or claim referred to arbitration shall be decided in accordance with the law of [specify jurisdiction].

(*The WIPO Expedited Arbitration Rules provide that the arbitral tribunal shall consist of a sole arbitrator.)

Existing disputes – WIPO/FedArb Submission Agreement:

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 mediator shall be a member of the FedArb panel. The place of mediation shall be [specify place].

The language to be used in the mediation shall be [specify language].