Scribd
Upload
13 views2 pages

What Is Arbitration

Adrs notes

Uploaded by

naveengameryt
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
13 views2 pages

What Is Arbitration

Adrs notes

Uploaded by

naveengameryt
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 2

6/14/24, 9:16 PM What is Arbitration?

English IP Portal login

Understand & Learn Find & Explore Protect & Manage Partner & Collaborate About WIPO

Home Alternative Dispute Resolution Arbitration

What is Arbitration?
The Center makes available a Guide to WIPO Arbitration, which may be downloaded

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more
arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private
dispute resolution procedure instead of going to court.

Its principal characteristics are:

Arbitration is consensual

Arbitration can only take place if both parties have agreed to it. In the case of future disputes arising under a
contract, the parties insert an arbitration clause in the relevant contract. An existing dispute can be referred
to arbitration by means of a submission agreement between the parties. In contrast to mediation, a party
cannot unilaterally withdraw from arbitration.

The parties choose the arbitrator(s)

Under the WIPO Arbitration Rules, the parties can select a sole arbitrator together. If they choose to have a
three-member arbitral tribunal, each party appoints one of the arbitrators; those two persons then agree on
the presiding arbitrator. Alternatively, the Center can suggest potential arbitrators with relevant expertise or
directly appoint members of the arbitral tribunal. The Center maintains an extensive roster of arbitrators
ranging from seasoned dispute-resolution generalists to highly specialized practitioners and experts
covering the entire legal and technical spectrum of intellectual property.

Arbitration is neutral

In addition to their selection of neutrals of appropriate nationality, parties are able to choose such important
elements as the applicable law, language and venue of the arbitration. This allows them to ensure that no
party enjoys a home court advantage.

Arbitration is a confidential procedure

https://www.wipo.int/amc/en/arbitration/what-is-arb.html 1/2
6/14/24, 9:16 PM What is Arbitration?

The WIPO Rules specifically protect the confidentiality of the existence of the arbitration, any disclosures
made during that procedure, and the award. In certain circumstances, the WIPO Rules allow a party to
restrict access to trade secrets or other confidential information that is submitted to the arbitral tribunal or
to a confidentiality advisor to the tribunal.

The decision of the arbitral tribunal is final and easy to enforce

Under the WIPO Rules, the parties agree to carry out the decision of the arbitral tribunal without delay.
International awards are enforced by national courts under the New York Convention, which permits them
to be set aside only in very limited circumstances. More than 165 States are party to this Convention.

WIPO leads the development of a balanced and effective global intellectual property ecosystem to promote
innovation and creativity for a better and more sustainable future.

Media Contact

Terms of use

Privacy

Accessibility

Sitemap

https://www.wipo.int/amc/en/arbitration/what-is-arb.html 2/2

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy