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The WIPO Arbitration Rules: A Commentary (CRC)

The WIPO Arbitration Rules: A Commentary (CRC)

Author: Manuel Arroyo
Publisher: Kluwer Law International
ISBN: 9789403514215
Published In: July 2025
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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About this book:

The WIPO Arbitration Rules, an article-by-article commentary, is the first in-depth analysis of the World Intellectual Property Organisation (WIPO) Center’s Arbitration Rules, in which eminent and experienced arbitration practitioners provide both an overall survey and a highly detailed and granular treatment of the application and interpretation of the Rules, including the Expedited Rules introduced in 2021. In contracts and proceedings related to intellectual property and technology matters, arguably the most reputable, experienced, and truly international dispute resolution institution is the Arbitration and Mediation Center of the WIPO.

What’s in this book:

Illustrating the use of the WIPO Arbitration Rules in practice, the authors fully consider multiple procedural aspects of WIPO arbitrations, encompassing the following aspects:

specific bearing of confidentiality and secrecy protection on IP and technology;
arbitrability relating to IP infringement and validity;
expedited or fast-track proceedings; and
comparisons with other arbitration rules and case studies in the IP and technology domain.

The authors demonstrate how the WIPO Arbitration Rules assist in adjudicating a range of legal issues, such as patent infringement, patent licenses, IT transactions, distribution agreements, research and development agreements, technology transfer agreements, copyright matters, trademark coexistence agreements, art marketing, artistic production, media-related agreements, joint venture agreements, and cases arising out of agreements in settlement of prior multi-jurisdictional patent litigation.

How this will help you:

Thanks to the expert insights and clear, practical guidance provided by the contributors, anyone considering the use of the WIPO Rules or participating in IP-related arbitration will be well-prepared to handle their cases and will develop a comprehensive understanding of the procedural intricacies. The Commentary is sure to become a primary source of inspiration and direction for arbitrations under the WIPO Rules and, more broadly, serve as an essential resource for the increasing number of complex intellectual property disputes encountered by parties, legal counsel, and adjudicators worldwide.

About the Editor

Foreword

Preface

The Authors

Table of Abbreviations

Part I: Introduction

Part II: Commentary on The WIPO Arbitration Rules and WIPO Expedited Arbitration Rules

I. General Provisions

Abbreviated Expressions

Article 1 WIPO Arbitration Rules

Article 1 WIPO Expedited Arbitration Rules

Scope of Application of Rules

Article 2 WIPO Arbitration Rules

Article 2 WIPO Expedited Arbitration Rules

Article 3 WIPO Arbitration Rules

Article 3 WIPO Expedited Arbitration Rules

Notices and Periods of Time

Article 4 WIPO Arbitration Rules

Article 4 WIPO Expedited Arbitration Rules

Documents Required to Be Submitted to the Center

Article 5 WIPO Arbitration Rules

Article 5 WIPO Expedited Arbitration Rules

II. Commencement of the Arbitration

Request for Arbitration

Article 6 WIPO Arbitration Rules

Article 6 WIPO Expedited Arbitration Rules

Article 7 WIPO Arbitration Rules

Article 7 WIPO Expedited Arbitration Rules

Article 8 WIPO Arbitration Rules

Article 8 WIPO Expedited Arbitration Rules

Article 9 WIPO Arbitration Rules

Article 9 WIPO Expedited Arbitration Rules

Article 10 WIPO Arbitration Rules

Article 10 WIPO Expedited Arbitration Rules

Answer to the Request

Article 11 WIPO Arbitration Rules

Answer to the Request and Statement of Defense

Article 11 WIPO Expedited Arbitration Rules

Article 12 WIPO Arbitration Rules

Article 12 WIPO Expedited Arbitration Rules

Representation

Article 13 WIPO Arbitration Rules

Article 13 WIPO Expedited Arbitration Rules

III. Composition and Establishment of the Tribunal

Number and Appointment of Arbitrators

Article 14 WIPO Arbitration Rules

Article 14 WIPO Expedited Arbitration Rules

Appointment Pursuant to Procedure Agreed Upon by the Parties

Article 15 WIPO Arbitration Rules

Appointment of a Sole Arbitrator

Article 16 WIPO Arbitration Rules

Appointment of Three Arbitrators

Article 17 WIPO Arbitration Rules

Appointment of Three Arbitrators in Case of Multiple Claimants or Respondents

Article 18 WIPO Arbitration Rules

Default Appointment

Article 19 WIPO Arbitration Rules

Nationality of Arbitrators

Article 20 WIPO Arbitration Rules

Nationality of Arbitrator

Article 15 WIPO Expedited Arbitration Rules

Communication Between Parties and Candidates for Appointment as Arbitrator

Article 21 WIPO Arbitration Rules

Article 16 WIPO Expedited Arbitration Rules

Impartiality and Independence

Article 22 WIPO Arbitration Rules

Article 17 WIPO Expedited Arbitration Rules

Availability, Acceptance and Notification

Article 23 WIPO Arbitration Rules

Article 18 WIPO Expedited Arbitration Rules

Challenge of Arbitrators

Article 24 WIPO Arbitration Rules

Challenge of Arbitrator

Article 19 WIPO Expedited Arbitration Rules

Article 25 WIPO Arbitration Rules

Article 20 WIPO Expedited Arbitration Rules

Article 26 WIPO Arbitration Rules

Article 21 WIPO Expedited Arbitration Rules

Article 27 WIPO Arbitration Rules

Article 22 WIPO Expedited Arbitration Rules

Article 28 WIPO Arbitration Rules

Article 23 WIPO Expedited Arbitration Rules

Article 29 WIPO Arbitration Rules

Article 24 WIPO Expedited Arbitration Rules

Release from Appointment

Article 30 WIPO Arbitration Rules

Article 25 WIPO Expedited Arbitration Rules

Article 31 WIPO Arbitration Rules

Article 26 WIPO Expedited Arbitration Rules

Article 32 WIPO Arbitration Rules

Article 27 WIPO Expedited Arbitration Rules

Replacement of an Arbitrator

Article 33 WIPO Arbitration Rules

Replacement of Arbitrator

Article 28 WIPO Expedited Arbitration Rules

Article 34 WIPO Arbitration Rules

Replacement of Arbitrator

Article 29 WIPO Expedited Arbitration Rules

Truncated Tribunal

Article 35 WIPO Arbitration Rules

Pleas as to the Jurisdiction of the Tribunal

Article 36 WIPO Arbitration Rules

Article 30 WIPO Expedited Arbitration Rules

IV. Conduct of the Arbitration

General Powers of the Tribunal

Article 37 WIPO Arbitration Rules

Article 31 WIPO Expedited Arbitration Rules

Place of Arbitration

Article 38 WIPO Arbitration Rules

Article 32 WIPO Expedited Arbitration Rules

Language of Arbitration

Article 39 WIPO Arbitration Rules

Article 33 WIPO Expedited Arbitration Rules

Preparatory Conference

Article 40 WIPO Arbitration Rules

Article 34 WIPO Expedited Arbitration Rules

Statement of Claim

Article 41 WIPO Arbitration Rules

Article 35 WIPO Expedited Arbitration Rules

Statement of Defense

Article 42 WIPO Arbitration Rules

Article 36 WIPO Expedited Arbitration Rules

Further Written Statements

Article 43 WIPO Arbitration Rules

Article 37 WIPO Expedited Arbitration Rules

Amendments to Claims or Defense

Article 44 WIPO Arbitration Rules

Article 38 WIPO Expedited Arbitration Rules

Communication Between Parties and Tribunal

Article 45 WIPO Arbitration Rules

Article 39 WIPO Expedited Arbitration Rules

Joinder

Article 46 WIPO Arbitration Rules

Article 40 WIPO Expedited Arbitration Rules

Consolidation

Article 47 WIPO Arbitration Rules

Article 41 WIPO Expedited Arbitration Rules

Interim Measures of Protection and Security for Claims and Costs

Article 48 WIPO Arbitration Rules

Article 42 WIPO Expedited Arbitration Rules

Emergency Relief Proceedings

Article 49 WIPO Arbitration Rules

Article 43 WIPO Expedited Arbitration Rules

Evidence

Article 50 WIPO Arbitration Rules

Article 44 WIPO Expedited Arbitration Rules

Experiments

Article 51 WIPO Arbitration Rules

Article 45 WIPO Expedited Arbitration Rules

Site Visits

Article 52 WIPO Arbitration Rules

Article 46 WIPO Expedited Arbitration Rules

Agreed Primers and Models

Article 53 WIPO Arbitration Rules

Article 47 WIPO Expedited Arbitration Rules

Disclosure of Trade Secrets and Other Confidential Information

Article 54 WIPO Arbitration Rules

Article 48 WIPO Expedited Arbitration Rules

Hearings

Article 55 WIPO Arbitration Rules

Article 49 WIPO Expedited Arbitration Rules

Witnesses

Article 56 WIPO Arbitration Rules

Article 50 WIPO Expedited Arbitration Rules

Experts Appointed by the Tribunal

Article 57 WIPO Arbitration Rules

Article 51 WIPO Expedited Arbitration Rules

Default

Article 58 WIPO Arbitration Rules

Article 52 WIPO Expedited Arbitration Rules

Closure of Proceedings

Article 59 WIPO Arbitration Rules

Article 53 WIPO Expedited Arbitration Rules

Waiver

Article 60 WIPO Arbitration Rules

Article 54 WIPO Expedited Arbitration Rules

V. Awards and Other Decisions

Laws Applicable to the Substance of the Dispute, the Arbitration and the Arbitration Agreement

Article 61 WIPO Arbitration Rules

Article 55 WIPO Expedited Arbitration Rules

Currency and Interest

Article 62 WIPO Arbitration Rules

Article 56 WIPO Expedited Arbitration Rules

Decision-Making

Article 63 WIPO Arbitration Rules

Form and Notification of Awards

Article 64 WIPO Arbitration Rules

Article 57 WIPO Expedited Arbitration Rules

Time Period for Delivery of the Final Award

Article 65 WIPO Arbitration Rules

Article 58 WIPO Expedited Arbitration Rules

Effect of Award

Article 66 WIPO Arbitration Rules

Article 59 WIPO Expedited Arbitration Rules

Settlement or Other Grounds for Termination

Article 67 WIPO Arbitration Rules

Article 60 WIPO Expedited Arbitration Rules

Correction of the Award and Additional Award

Article 68 WIPO Arbitration Rules

Article 61 WIPO Expedited Arbitration Rules

VI. Fees and Costs

Fees of the Center

Article 69 WIPO Arbitration Rules

Article 62 WIPO Expedited Arbitration Rules

Article 70 WIPO Arbitration Rules

Fees of the Arbitrators

Article 71 WIPO Arbitration Rules

Article 63 WIPO Expedited Arbitration Rules

Deposits

Article 72 WIPO Arbitration Rules

Article 64 WIPO Expedited Arbitration Rules

Award of Costs of Arbitration

Article 73 WIPO Arbitration Rules

Article 65 WIPO Expedited Arbitration Rules

Award of Costs Incurred by a Party

Article 74 WIPO Arbitration Rules

Article 66 WIPO Expedited Arbitration Rules

VII. Confidentiality

Confidentiality of the Existence of the Arbitration

Article 75 WIPO Arbitration Rules

Article 67 WIPO Expedited Arbitration Rules

Confidentiality of Disclosures Made During the Arbitration

Article 76 WIPO Arbitration Rules

Article 68 WIPO Expedited Arbitration Rules

Confidentiality of the Award

Article 77 WIPO Arbitration Rules

Article 69 WIPO Expedited Arbitration Rules

Maintenance of Confidentiality by the Center and Arbitrator

Article 78 WIPO Arbitration Rules

Article 70 WIPO Expedited Arbitration Rules

VIII. Miscellaneous

Exclusion of Liability

Article 79 WIPO Arbitration Rules

Article 71 WIPO Expedited Arbitration Rules

Waiver of Defamation

Article 80 WIPO Arbitration Rules

Article 72 WIPO Expedited Arbitration Rules

Table of Authorities (Commentaries, Articles and Monographs)

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