General Commentary on the WIPO Arbitration Rules, Recommended Clauses, General Provisions and the WIPO Expedited Arbitration Rules Articles 1 to 5; Articles 39 and 40 – Vol. 9 No. 1-4

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AuthorRobert H. Smit*

Published: December 1998

Practice and Procedure
Expedited Proceedings

Description: The Arbitration Center of the World Intellectual Property Organization commenced operations in October 1994 as an international center offering mediation, arbitration and other services for the resolution of international commercial disputes involving intellectual property. For parties wishing to arbitrate their intellectual property disputes, the Center has issued two sets of arbitration rules: its general purpose WIPO Arbitration Rules (“WIPO Rules”) and its WIPO Expedited Arbitration Rules (“WIPO Expedited Rules”) for disputes requiring and amenable to expeditious resolution. While those sets of Rules have yet to be tested in practice (as of the date of this writing), it may fairly be said that they offer one of the best regimes available for institutional arbitration of international intellectual property disputes.

This commentary examines the following aspects of the WIPO Rules and Expedited Rules:
1. WIPO’s recommended arbitration clauses and agreements, by which parties may adopt the WIPO Rules to resolve their intellectual property disputes;
2. Articles 1 through 5 of the WIPO Rules — entitled “General Provisions” — which define certain of the terms used in the Rules and deal with the scope of application of the Rules, notices, periods of time, and documents to be submitted to the Center under the Rules.

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*Partner, Simpson Thacher & Bartlett, New York City.