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Model Clause: World Intellectual Property Organization Arbitration and Mediation Center (WIPO)

  • 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 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 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 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 ____________.