The parties should determine the scope of the submission agreement by including a brief description of the dispute.
When deciding whether to appoint one or three arbitrators, parties weigh considerations of cost and efficiency against the value and complexity of the dispute.
The choice of "place of arbitration" determines the law that regulates the procedural framework of the case, such as the availability of interim measures of protection and the enforceability of the award. Regardless of their chosen place of arbitration, the parties may hold meetings or hearings anywhere in the world, at the convenience of parties, arbitrator(s) and witnesses.
The parties should choose the substantive law, i.e. the law under which the arbitral tribunal decides the dispute.
Unless the parties provide otherwise, the appointment procedures provided in Articles 14-20 of the WIPO Arbitration Rules apply.
The parties can select the professional qualifications and experience, training and areas of specialization of the arbitrator(s).
The WIPO Center makes available, at the parties' option, the WIPO Electronic Case Facility (eADR). WIPO eADR allows parties and all other actors in a WIPO Arbitration to submit communications electronically into an online docket.
Pursuant to Article 4(f) of the WIPO Arbitration Rules, the parties can agree in appropriate cases to reduce or extend certain periods of time. They may also use as starting point the example schedule based on complex WIPO patent arbitrations:
Pursuant to Article 50 of the WIPO Arbitration Rules, the tribunal shall determine the admissibility, relevance, materiality and weight of evidence. However, parties may agree on specific evidence procedures, such as:
The parties can agree the maximum duration of the hearing pursuant to Article 55 of the WIPO Arbitration Rules.
Pursuant to Article 65 of the WIPO Arbitration Rules, the tribunal is expected to make the final award within three months after the closure of the proceedings. However, parties may agree on a different timetable.
Pursuant to Article 66 of the WIPO Arbitration Rules, by agreeing to arbitration under these Rules, the parties waive their right to any form of appeal. However, in exceptional cases, parties may wish to consider the need for an appeal, such as:
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 [a sole arbitrator][three arbitrators].
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].