WIPO Clause Generator

The parties should determine the scope of the submission agreement by including a brief description of the dispute.

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: .

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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 arbitral tribunal shall consist of a sole arbitrator. The arbitral tribunal shall consist of three arbitrators.

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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 place of arbitration shall be .

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The parties should choose any language that suits them.

The language to be used in the arbitral proceedings shall be .

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The parties should choose the substantive law, i.e. the law under which the arbitral tribunal decides the dispute.

The dispute, controversy or claim shall be decided in accordance with the law of .

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Unless the parties provide otherwise, the appointment procedures provided in Articles 14-20 of the WIPO Arbitration Rules apply.

Pursuant to Article 15(a) of the WIPO Arbitration Rules, the parties agree the following procedure for the appointment of the arbitrator(s): .

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The parties can select the professional qualifications and experience, training and areas of specialization of the arbitrator(s).

The arbitrator(s) shall have the following qualifications: .

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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.

All submissions shall be made via the WIPO Electronic Case Facility (eADR).

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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:

The parties agree the following schedule: The parties agree the following schedule:
Request for Arbitration
Answer to the Request: [15 days] after receipt of the Request for Arbitration
Establishment of the Tribunal: [30 days] after receipt of the request for Arbitration
Preparatory Conference: [15 days] after the establishment of the Tribunal
Statement of Claim: [30 days] after establishment of Tribunal
Statement of Defense: [30 days] after Statement of Claim
Claimant Reply: [15 days] after Statement of Defense
Respondent Sur-Reply: [15 days] after Claimant Reply
All Document Production Completed: [30 days] after Sur-Reply
Fact Witness Statements: [30 days] after Document Production
[Fact Witness Depositions Completed: [30 days] after Witness Statements]
Expert Witness Statements: [30 days] after Fact Witness Depositions
[Rebuttal Expert Witness Statements: [30 days] after Expert Witness Statements]
[Expert Witness Depositions Completed: [20 days] after Rebuttal Expert Witness Statements]
Hearing: [30 days] after Expert Witness Depositions
Claimant Post-Hearing Submission: [30 days] after Hearing
Respondent Post-Hearing Submission: [30 days] after Claimant Post-Hearing Submission
Claimant Reply: [15 days] after Respondent Post-Hearing Submission
Respondent Sur-Reply: [15 days] after Claimant

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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:

Discovery shall not be allowed. Each party shall, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The parties shall try to informally resolve requests for production of documents and other evidence. The parties may bring requests for disclosure under Article 50(b) of the WIPO Arbitration Rules only if they reach an impasse on the production of documents or other evidence. Witness statements or depositions shall be limited to a maximum of per party and shall be made within days of making the request.

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The parties can agree the maximum duration of the hearing pursuant to Article 55 of the WIPO Arbitration Rules.

The hearing pursuant to Article 55 of the WIPO Arbitration Rules shall be held for not more than days.

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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.

The final award should, wherever reasonably possible, be made within after the proceedings have been declared closed.

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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:

The award pursuant to Article 64 of the WIPO Arbitration Rules shall only be subject to review through an appeal to an Appellate Panel consisting of [three arbitrators] appointed pursuant to [Article 17] of the WIPO Arbitration Rules. No arbitrator in the arbitral tribunal may be an arbitrator on the Appellate Panel. Such an appeal must be initiated within [30 days] of the arbitral tribunal award or otherwise the award shall become a final award pursuant to the WIPO Arbitration Rules. [If an appeal is sought, the Appellate Panel shall conduct a de novo review of the legal determinations of the arbitral tribunal and shall determine whether there is reasonable basis for all factual determinations.]

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