The WIPO Arbitration Rules: A Commentary (eBook)

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The WIPO Arbitration Rules: A Commentary (eBook)

Edited by: Dr. Manuel Arroyo

ISBN13: 9789403514321

Published: July 2025

Publisher: Kluwer Law International

Country of Publication: Netherlands

Format: eBook (ePub)

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The WIPO Arbitration Rules: A 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.

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.

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.

Subjects:: Intellectual Property Law, eBooks, Arbitration and Alternative Dispute Resolution

Contents:: 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)

Book of the Month

The Law and Practice of Human Rights

Land Registration Manual 4th ed

Welcome to Wildys

Judicial Cooperation in Commercial Litigation 3rd ed (The British Cross-Border Financial Centre World)

Offers for Newly Called Barristers & Students

Secondhand & Out of Print

The WIPO Arbitration Rules: A Commentary (eBook)

Land Registration Manual
4th ed