The World Intellectual Property Organization's expeditious arbitration rules

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Release time:2016-07-19

The World Intellectual Property Organization's expeditious arbitration rules

(Effective from 1 October 1994) 
Overview
The WIPO Arbitration Rules consist of the WIPO Arbitration Rules modified in some respects to ensure that arbitration can be conducted within a shorter period of time and at a lower cost. To achieve these objectives, four major changes were introduced in the WIPO Arbitration Rules:
① The statement of claim shall be attached to the request for arbitration (not to be submitted at a later date), and the statement of defense shall also be attached to the statement of defense.
In any case, there is only one sole arbitrator.
The hearing held by the sole arbitrator shall be reduced to no more than three days, except in exceptional circumstances.
④ Compress the time limits applicable to the different stages of the arbitral hearing. In particular, hearings shall be closed, as far as possible, within three months (as opposed to the nine months provided for in the WIPO Arbitration Rules) after the service of the pleadings or the establishment of the arbitral tribunal (whichever is the latter), and the final award shall be rendered, as far as possible, within the following one month (as opposed to the three months provided for in the WIPO Arbitration Rules).

List of amendments
The following is a list of amendments to the WIPO Arbitration Rules in the WIPO expedited arbitration rules:
1. The following paragraph shall be added after Article IV of the WIPO Arbitration Rules:
"⑦ The Centre may, after consultation with the parties, reduce the period referred to in Article 11."
2. Article 9 (4) and (5) of the WIPO Arbitration Rules shall be deleted.

3. Article 9, paragraph 6, is replaced by the following paragraph.
"⑥ Notes of opinion relating to articles 14 to 20 that the complainant finds useful."
4. Article X of the WIPO Arbitration Rules is replaced by the following article:
"The request for arbitration shall be accompanied by a pleading in accordance with article 41, paragraphs 2 and 3."
5. Article XI of the WIPO Arbitration Rules is replaced by the following article:
"The respondent shall, within twenty days from the date of receipt of the claimant's request for arbitration or within ten days from the date appointed by the arbitral tribunal (whichever is the latter), submit to the Centre and the claimant a statement of defense, which shall include comments on certain matters in the request for arbitration."

6. Article XII of the WIPO Arbitration Rules is replaced by the following article:
"The statement of defense to the request shall be accompanied by a statement of defense that meets the requirements of paragraphs 2 and 3 of article 42."


7. Articles 14 to 19 of the WIPO Arbitration Rules shall be replaced by the following article:
"Sone arbitrator

Article 14
(1) The arbitral tribunal shall consist of a sole arbitrator appointed jointly by the parties.
(2) If the sole arbitrator is not appointed within fifteen days after the commencement of the arbitration, the Centre shall appoint the sole arbitrator."

8. In article 25 of the WIPO Arbitration Rules, the words "within fifteen days" should be replaced by the words "within seven days".
9. Article 41, paragraph 1, and Article 42, paragraph 1, of the WIPO Arbitration Rules are deleted.
10. Article 53, paragraph 2, of the WIPO Arbitration Rules is replaced by the following paragraph:
"(2) A hearing, if held, shall be held within thirty days of the receipt by the claimant of the statement of defense and the pleadings. The arbitral tribunal shall notify the parties in advance of the date, time and place of the hearing. The hearing shall not exceed three days, except in exceptional circumstances. The parties shall summon such persons as are necessary for the arbitral tribunal to be fully acquainted with the circumstances of the dispute."

11. The following paragraph shall be added after Article 53 of the WIPO Arbitration Rules:
"(5) After the parties have agreed to a hearing or, if the parties have not so agreed, within such short period of time after the hearing as the arbitral tribunal may decide, each party may submit a post-hearing briefing to the arbitral tribunal and to the other party."
12. The following sentence is added after paragraph 1 of Article 55 of the WIPO Arbitration Rules:
"The power of attorney shall include a provision requiring the expert to submit a report to the arbitral tribunal within thirty days of receipt of the power of attorney."
13. In article 63, paragraph 1, of the WIPO Arbitration Rules, the words "nine months" are replaced by the words "three months" and the words "three months" are replaced by the words "one month.