WIFO ARBITRATION RULES
I.
GENERAL PROVISIONS
Abbreviated Expressions
Article
1
In these Rules:
"Arbitration Agreement"
means an agreement by the parties to submit
to arbitration all or certain disputes which
have arisen or which may arise between them;
an Arbitration Agreement may be in the form
of an arbitration clause in a contract or
in the form of a separate contract;
"Claimant" means
the party initiating an arbitration;
"Respondent" means
the party against which the arbitration is
initiated, as named in the Request for Arbitration;
"Tribunal" includes
a sole arbitrator or all the arbitrators where
more than one is appointed;
"WIPO" means the
World Intellectual Property Organization;
"Center" means the
WIPO Arbitration Center, a unit of the International
Bureau of WIPO;
Words used in the singular
include the plural and vice versa, as the
context may require.
Scope
of Application of Rules
Article
2
Where an Arbitration Agreement
provides for arbitration under the WIPO Arbitration
Rules, these Rules shall be deemed to form
part of that Arbitration Agreement and the
dispute shall be settled in accordance with
these Rules, as in effect on the date of the
commencement of the arbitration, unless the
parties have agreed otherwise.
Article
3
(a) These Rules shall govern
the arbitration, except that, where any of
these Rules is in conflict with a provision
of the law applicable to the arbitration from
which the parties cannot derogate, that provision
shall prevail.
(b) The law applicable to
the arbitration shall be determined in accordance
with Article 59(b).
Notices,
Periods of Time
Article
4
(a) Any notice or other communication
that may or is required to be given under
these Rules shall be in writing and shall
be delivered by expedited postal or courier
service, or transmitted by telex, telefax
or other means of telecommunication that provide
a record thereof.
(b) A party's last known residence
or place of business shall be a valid address
for the purpose of any notice or other communication
in the absence of any notification of a change
by that party. Communications may in any event
be addressed to a party in the manner stipulated
or, failing such a stipulation, according
to the practice followed in the course of
the dealings between the parties.
(c) For the purpose of determining
the date of commencement of a time limit,
a notice or other communication shall be deemed
to have been received on the day it is delivered
or, in the case of telecommunications, transmitted
in accordance with paragraphs (a) and (b)
of this Article.
(d) For the purpose of determining
compliance with a time limit, a notice or
other communication shall be deemed to have
been sent, made or transmitted if it is dispatched,
in accordance with paragraphs (a) and (b)
of this Article, prior to or on the day of
the expiration of the time limit.
(e) For the purpose of calculating
a period of time under these Rules, such period
shall begin to run on the day following the
day when a notice or other communication is
received. If the last day of such period is
an official holiday or a non-business day
at the residence or place of business of the
addressee, the period is extended until the
first business day which follows. Official
holidays or non-business days occurring during
the running of the period of time are included
in calculating the period.
(f) The parties may agree
to reduce or extend the periods of time referred
to in Articles 11, 15(b), 16(b), 17(b), 17(c),
18(b), 19(b)(iii), 41(a) and 42(a).
(g) The Center may, at the
request of a party or on its own motion, extend
the periods of time referred to in Articles
11, 15(b), 16(b), 17(b), 17(c), 18(b), 19(b)(iii),
67(d), 68(e) and 70(e).
Documents
Required to Be Submitted to the Center
Article
5
(a) Until the notification
by the Center of the establishment of the
Tribunal, any written statement, notice or
other communication required or allowed under
Articles 6 to 36 shall be submitted by a party
to the Center and a copy thereof shall at
the same time be transmitted by that party
to the other party.
(b) Any written statement,
notice or other communication so sent to the
Center shall be sent in a number of copies
equal to the number required to provide one
copy for each envisaged arbitrator and one
for the Center.
(c) After the notification
by the Center of the establishment of the
Tribunal, any written statements, notices
or other communications shall be submitted
by a party directly to the Tribunal and a
copy thereof shall at the same time be supplied
by that party to the other party.
(d) The Tribunal shall send
to the Center a copy of each order or other
decision that it makes.
II.
COMMENCEMENT OF THE ARBITRATION
Request
for Arbitration
Article
6
The Claimant shall transmit
the Request for Arbitration to the Center
and to the Respondent.
Article
7
The date of commencement of
the arbitration shall be the date on which
the Request for Arbitration is received by
the Center.
Article
8
The Center shall inform the
Claimant and the Respondent of the receipt
by it of the Request for Arbitration and of
the date of the commencement of the arbitration.
Article
9
The Request for Arbitration
shall contain:
(i) a demand that the dispute
be referred to arbitration under the WIPO
Arbitration Rules;
(ii) the names, addresses
and telephone, telex, telefax or other communication
references of the parties and of the representative
of the Claimant;
(iii) a copy of the Arbitration
Agreement and, if applicable, any separate
choice-of-law clause;
(iv) a brief description of
the nature and circumstances of the dispute,
including an indication of the rights and
property involved and the nature of any technology
involved;
(v) a statement of the relief
sought and an indication, to the extent possible,
of any amount claimed;
(vi) any appointment that
is required by, or observations that the Claimant
considers useful in connection with, Articles
14 to 20.
Article
10
The Request for Arbitration
may also be accompanied by the Statement of
Claim referred to in Article 41.
Answer
to the Request
Article
11
Within 30 days from the date
on which the Respondent receives the Request
for Arbitration from the Claimant, the Respondent
shall address to the Center and to the Claimant
an Answer to the Request which shall contain
comments on any of the elements in the Request
for Arbitration and may include indications
of any counterclaim or setoff.
Article
12
If the Claimant has filed
a Statement of Claim with the Request for
Arbitration pursuant to Article 10, the
Answer to the Request may also be accompanied
by the Statement of Defense referred to in
Article 42.
Representation
Article
13
(a) The parties may be represented
by persons of their choice, irrespective of,
in particular, nationality or professional
qualification. The names, addresses and telephone,
telex, telefax or other communication references
of representatives shall be communicated to
the Center, the other party and, after its
establishment, the Tribunal.
(b) Each party shall ensure
that its representatives have sufficient time
available to enable the arbitration to proceed
expeditiously.
(c) The parties may also be
assisted by persons of their choice.
III.
COMPOSITION AND ESTABLISHMENT OF THE TRIBUNAL
Number
of Arbitrators
Article
14
(a) The Tribunal shall consist
of such number of arbitrators as has been
agreed by the parties.
(b) Where the parties have
not agreed on the number of arbitrators, the
Tribunal shall consist of a sole arbitrator,
except where the Center in its discretion
determines that, in view of all the circumstances
of the case, a Tribunal composed of three
members is appropriate.
Appointment Pursuant to Procedure Agreed Upon
by the Parties
Article
15
(a) If the parties have agreed
on a procedure of appointing the arbitrator
or arbitrators other than as envisaged in
Articles 16 to 20, that procedure shall be
followed.
(b) If the Tribunal has not
been established pursuant to such procedure
within the period of time agreed upon by the
parties or, in the absence of such an agreed
period of time, within 45 days after the commencement
of the arbitration, the Tribunal shall be
established or completed, as the case may
be, in accordance with Article 19.
Appointment of a Sole Arbitrator
Article
16
(a) Where a sole arbitrator
is to be appointed and the parties have not
agreed on a procedure of appointment, the
sole arbitrator shall be appointed jointly
by the parties.
(b) If the appointment of
the sole arbitrator is not made within the
period of time agreed upon by the parties
or, in the absence of such an agreed period
of time, within 30 days after the commencement
of the arbitration, the sole arbitrator shall
be appointed in accordance with Article 19.
Appointment of Three Arbitrators
Article
17
(a) Where three arbitrators
are to be appointed and the parties have not
agreed upon a procedure of appointment, the
arbitrators shall be appointed in accordance
with this Article.
(b) The Claimant shall appoint
an arbitrator in its Request for Arbitration.
The Respondent shall appoint an arbitrator
within 30 days from the date on which it receives
the Request for Arbitration. The two arbitrators
thus appointed shall, within 20 days after
the appointment of the second arbitrator,
appoint a third arbitrator, who shall be the
presiding arbitrator.
(c) Notwithstanding paragraph
(b), where three arbitrators are to be appointed
as a result of the exercise of the discretion
of the Center under Article 14(b), the Claimant
shall, by notice to the Center and to the
Respondent, appoint an arbitrator within 15
days after the receipt by it of notification
by the Center that the Tribunal is to be composed
of three arbitrators. The Respondent shall
appoint an arbitrator within 30 days after
the receipt by it of the said notification.
The two arbitrators thus appointed shall,
within 20 days after the appointment of the
second arbitrator, appoint a third arbitrator,
who shall be the presiding arbitrator.
(d) If the appointment of
any arbitrator is not made within the applicable
period of time referred to in the preceding
paragraphs, that arbitrator shall be appointed
in accordance with Article 19.
Appointment of Three Arbitrators in Case of
Multiple Claimants or Respondents
Article
18
(a) Where
(i)
three arbitrators are to be appointed,
(ii)
the parties have not agreed on a procedure
of appointment, and
(iii)
the Request for Arbitration names more than
one Claimant,
the Claimants shall make a
joint appointment of an arbitrator in their
Request for Arbitration. The appointment of
the second arbitrator and the presiding arbitrator
shall, subject to paragraph (b) of this Article,
take place in accordance with Article 17(b),
(c) or (d), as the case may be.
(b) Where
(i)
three arbitrators are to be appointed,
(ii)
the parties have not agreed on a procedure
of appointment, and
(iii)
the Request for Arbitration names more than
one Respondent,
the Respondents shall jointly
appoint an arbitrator. If, for whatever reason,
the Respondents do not make a joint appointment
of an arbitrator within 30 days after receiving
the Request for Arbitration, any appointment
of the arbitrator previously made by the Claimant
or Claimants shall be considered void and
two arbitrators shall be appointed by the
Center. The two arbitrators thus appointed
shall, within 30 days after the appointment
of the second arbitrator, appoint a third
arbitrator, who shall be the presiding arbitrator.
(c) Where
(i)
three arbitrators are to be appointed,
(ii)
the parties have agreed upon a procedure of
appointment, and
(iii)
the Request for Arbitration names more than
one Claimant or more than one Respondent,
paragraphs (a) and (b) of
this Article shall, notwithstanding Article
15(a), apply irrespective of any contractual
provisions in the Arbitration Agreement with
respect to the procedure of appointment, unless
those provisions have expressly excluded the
application of this Article.
Default
Appointment
Article
19
(a) If a party has failed
to appoint an arbitrator as required under
Articles 15, 17 or 18, the Center shall, in
lieu of that party, forthwith make the appointment.
(b)
If the sole or presiding arbitrator has not
been appointed as required under Articles
15, 16, 17 or 18, the appointment shall take
place in accordance with the following procedure:
(i)
The Center shall send to each party an identical
list of candidates. The list shall comprise
the names of at least three candidates
in alphabetical order. The list shall include
or be accompanied by a brief statement of
each candidate's qualifications. If the parties
have agreed on any particular qualifications,
the list shall contain only the names of candidates
that satisfy those qualifications.
(ii)
Each party shall have the right to delete
the name of any candidate or candidates to
whose appointment it objects and shall number
any remaining candidates in order of preference.
(iii)
Each party shall return the marked list to
the Center within 20 days after the date on
which the list is received by it. Any party
failing to return a marked list within that
period of time shall be deemed to have assented
to all candidates appearing on the list.
(iv)
As soon as possible after receipt by it of
the lists from the parties, or failing this,
after the expiration of the period of time
specified in the previous sub-paragraph, the
Center shall, taking into account the preferences
and objections expressed by the parties, invite
a person from the list to be the sole or presiding
arbitrator.
(v)
If the lists which have been returned do not
show a person who is acceptable as arbitrator
to both parties, the Center shall be authorized
to appoint the sole or presiding arbitrator.
The Center shall similarly be authorized to
do so if a person is not able or does not
wish to accept the Center's invitation to
be the sole or presiding arbitrator, or if
there appear to be other reasons precluding
that person from being the sole or presiding
arbitrator, and there does not remain on the
lists a person who is acceptable as arbitrator
to both parties.
(c) Notwithstanding the provisions
of paragraph (b), the Center shall be authorized
to appoint the sole or presiding arbitrator
if it determines in its discretion that the
procedure described in that paragraph is not
appropriate for the case.
Nationality of Arbitrators
Article
20
(a) An agreement of the parties
concerning the nationality of arbitrators
shall be respected.
(b) If the parties have not
agreed on the nationality of the sole or presiding
arbitrator, such arbitrator shall, in the
absence of special circumstances such as the
need to appoint a person having particular
qualifications, be a national of a country
other than the countries of the parties.
Communication Between Parties and Candidates
for Appointment as Arbitrator
Article
21
No party or anyone acting
on its behalf shall have any ex parte communication
with any candidate for appointment as arbitrator
except to discuss the candidate's qualifications,
availability or independence in relation to
the parties.
Impartiality and Independence
Article
22
(a) Each arbitrator shall
be impartial and independent.
(b) Each prospective arbitrator
shall, before accepting appointment, disclose
to the parties, the Center and any other arbitrator
who has already been appointed any circumstances
that might give rise to justifiable doubt
as to the arbitrator's impartiality or independence,
or confirm in writing that no such circumstances
exist.
(c) If, at any stage during
the arbitration, new circumstances arise that
might give rise to justifiable doubt as to
any arbitrator's impartiality or independence,
the arbitrator shall promptly disclose such
circumstances to the parties, the Center and
the other arbitrators.
Availability, Acceptance and Notification
Article
23
(a) Each arbitrator shall,
by accepting appointment, be deemed to have
undertaken to make available sufficient time
to enable the arbitration to be conducted
and completed expeditiously.
(b) Each prospective arbitrator
shall accept appointment in writing and shall
communicate such acceptance to the Center.
(c) The Center shall notify
the parties of the establishment of the Tribunal.
Challenge
of Arbitrators
Article
24
(a) Any arbitrator may be
challenged by a party if circumstances exist
that give rise to justifiable doubt as to
the arbitrator's impartiality or independence.
(b) A party may challenge
an arbitrator whom it has appointed or in
whose appointment it concurred only for reasons
of which it becomes aware after the appointment
has been made.
Article
25
A party challenging an arbitrator
shall send notice to the Center, the Tribunal
and the other party, stating the reasons for
the challenge, within 15 days after being
notified of that arbitrator's appointment
or after becoming aware of the circumstances
that it considers give rise to justifiable
doubt as to that arbitrator's impartiality
or independence.
Article
26
When an arbitrator has been
challenged by a party, the other party shall
have the right to respond to the challenge
and shall, if it exercises this right, send,
within 15 days after receipt of the notice
referred to in Article 25, a copy of its response
to the Center, the party making the challenge
and the arbitrators.
Article
27
The Tribunal may, in its discretion,
suspend or continue the arbitral proceedings
during the pendency of the challenge.
Article
28
The other party may agree
to the challenge or the arbitrator may voluntarily
withdraw. In either case, the arbitrator shall
be replaced without any implication that the
grounds for the challenge are valid.
Article
29
If the other party does not
agree to the challenge and the challenged
arbitrator does not withdraw, the decision
on the challenge shall be made by the Center
in accordance with its internal procedures.
Such a decision is of an administrative nature
and shall be final. The Center shall not be
required to state reasons for its decision.
Release
from Appointment
Article
30
At the arbitrator's own request,
an arbitrator may be released from appointment
as arbitrator either with the consent of the
parties or by the Center.
Article
31
Irrespective of any request
by the arbitrator, the parties may jointly
release the arbitrator from appointment as
arbitrator. The parties shall promptly notify
the Center of such release.
Article
32
At the request of a party
or on its own motion, the Center may release
an arbitrator from appointment as arbitrator
if the arbitrator has become de jure
or de facto unable to fulfill, or fails to
fulfill, the duties of an arbitrator. In such
a case, the parties shall be offered the opportunity
to express their views thereon and the provisions
of Articles 26 to 29 shall apply mutatis mutandis.
Replacement of an Arbitrator
Article
33
(a) Whenever necessary, a
substitute arbitrator shall be appointed pursuant
to the procedure provided for in Articles
15 to 19 that was applicable to the appointment
of the arbitrator being replaced.
(b) In the event that an arbitrator
appointed by a party has either been successfully
challenged on grounds which were known or
should have been known to that party at the
time of appointment, or has been released
from appointment as arbitrator in accordance
with Article 32, the Center shall have the
discretion not to permit that party to make
a new appointment. If it chooses to exercise
this discretion, the Center shall make the
substitute appointment.
(c) Pending the replacement,
the arbitral proceedings shall be suspended,
unless otherwise agreed by the parties.
Article
34
Whenever a substitute arbitrator
is appointed, the Tribunal shall, having regard
to any observations of the parties, determine
in its sole discretion whether all or part
of any prior hearings are to be repeated.
Truncated
Tribunal
Article
35
(a) If an arbitrator on a
three-person Tribunal, though duly notified
and without good cause, fails to participate
in the work of the Tribunal, the two other
arbitrators shall, unless a party has made
an application under Article 32, have the
power in their sole discretion to continue
the arbitration and to make any award, order
or other decision, notwithstanding the failure
of the third arbitrator to participate. In
determining whether to continue the arbitration
or to render any award, order or other decision
without the participation of an arbitrator,
the two other arbitrators shall take into
account the stage of the arbitration, the
reason, if any, expressed by the third arbitrator
for such non-participation, and such other
matters as they consider appropriate in the
circumstances of the case.
(b) In the event that the
two other arbitrators determine not to continue
the arbitration without the participation
of a third arbitrator, the Center shall, on
proof satisfactory to it of the failure of
the arbitrator to participate in the work
of the Tribunal, declare the office vacant,
and a substitute arbitrator shall be appointed
by the Center in the exercise of the discretion
defined in Article 33, unless the parties
agree otherwise.
Pleas
as to the Jurisdiction of the Tribunal
Article
36
(a) The Tribunal shall have
the power to hear and determine objections
to its own jurisdiction, including any objections
with respect to form, existence, validity
or scope of the Arbitration Agreement examined
pursuant to Article 59(b).
(b) The Tribunal shall have
the power to determine the existence or validity
of any contract of which the Arbitration Agreement
forms part or to which it relates.
(c) A plea that the Tribunal
does not have jurisdiction shall be raised
not later than in the Statement of Defense
or, with respect to a counterclaim or a setoff,
the Statement of Defense thereto, failing
which any such plea shall be barred in the
subsequent arbitral proceedings or before
any court. A plea that the Tribunal is exceeding
the scope of its authority shall be raised
as soon as the matter alleged to be beyond
the scope of its authority is raised during
the arbitral proceedings. The Tribunal may,
in either case, admit a later plea if it considers
the delay justified.
(d) The Tribunal may rule
on a plea referred to in paragraph (c) as
a preliminary question or, in its sole discretion,
decide on such a plea in the final award.
(e) A plea that the Tribunal
lacks jurisdiction shall not preclude the
Center from administering the arbitration.
IV.
CONDUCT OF THE ARBITRATION
Transmission of the File to the Tribunal
Article
37
The Center shall transmit
the file to each arbitrator as soon as the
arbitrator is appointed.
General
Powers of the Tribunal
Article
38
(a) Subject to Article 3,
the Tribunal may conduct the arbitration in
such manner as it considers appropriate.
(b) In all cases, the Tribunal
shall ensure that the parties are treated
with equality and that each party is given
a fair opportunity to present its case.
(c) The Tribunal shall ensure
that the arbitral procedure takes place with
due expedition. It may, at the request of
a party or on its own motion, extend in exceptional
cases a period of time fixed by these Rules,
by itself or agreed to by the parties. In
urgent cases, such an extension may be granted
by the presiding arbitrator alone.
Place
of Arbitration
Article
39
(a) Unless otherwise agreed
by the parties, the place of arbitration shall
be decided by the Center, taking into consideration
any observations of the parties and the circumstances
of the arbitration.
(b) The Tribunal may, after
consultation with the parties, conduct hearings
at any place that it considers appropriate.
It may deliberate wherever it deems appropriate.
(c) The award shall be deemed
to have been made at the place of arbitration.
Language
of Arbitration
Article
40
(a) Unless otherwise agreed
by the parties, the language of the arbitration
shall be the language of the Arbitration Agreement,
subject to the power of the Tribunal to determine
otherwise, having regard to any observations
of the parties and the circumstances of the
arbitration.
(b) The Tribunal may order
that any documents submitted in languages
other than the language of arbitration be
accompanied by a translation in whole or in
part into the language of arbitration.
Statement
of Claim
Article
41
(a) Unless the Statement of
Claim accompanied the Request for Arbitration,
the Claimant shall, within 30 days after
receipt of notification from the Center of
the establishment of the Tribunal, communicate
its Statement of Claim to the Respondent and
to the Tribunal.
(b) The Statement of Claim
shall contain a comprehensive statement of
the facts and legal arguments supporting the
claim, including a statement of the relief
sought.
(c) The Statement of Claim
shall, to as large an extent as possible,
be accompanied by the documentary evidence
upon which the Claimant relies, together with
a schedule of such documents. Where the documentary
evidence is especially voluminous, the Claimant
may add a reference to further documents it
is prepared to submit.
Statement
of Defense
Article
42
(a) The Respondent shall,
within 30 days after receipt of the Statement
of Claim or within 30 days after receipt of
notification from the Center of the establishment
of the Tribunal, whichever occurs later, communicate
its Statement of Defense to the Claimant and
to the Tribunal.
(b) The Statement of Defense
shall reply to the particulars of the Statement
of Claim required pursuant to Article 41(b).
The Statement of Defense shall be accompanied
by the corresponding documentary evidence
described in Article 41(c).
(c) Any counterclaim or setoff
by the Respondent shall be made or asserted
in the Statement of Defense or, in exceptional
circumstances, at a later stage in the arbitral
proceedings if so determined by the Tribunal.
Any such counterclaim or setoff shall contain
the same particulars as those specified in
Article 41(b) and (c).
Further
Written Statements
Article
43
(a) In the event that a counterclaim
or setoff has been made or asserted, the Claimant
shall reply to the particulars thereof. Article
42(a) and (b) shall apply mutatis mutandis
to such reply.
(b) The Tribunal may, in its
discretion, allow or require further written
statements.
Amendments to Claims or Defense
Article
44
Subject to any contrary agreement
by the parties, a party may amend or supplement
its claim, counterclaim, defense or setoff
during the course of the arbitral proceedings,
unless the Tribunal considers it inappropriate
to allow such amendment having regard to its
nature or the delay in making it and to the
provisions of Article 38(b) and (c).
Communication Between Parties and Tribunal
Article
45
Except as otherwise provided
in these Rules or permitted by the Tribunal,
no party or anyone acting on its behalf may
have any ex parte communication with any arbitrator
with respect to any matter of substance relating
to the arbitration, it being understood that
nothing in this paragraph shall prohibit ex
parte communications which concern matters
of a purely organizational nature, such as
the physical facilities, place, date or time
of the hearings.
Interim
Measures of Protection; Security for Claims
and Costs
Article
46
(a) At the request of a party,
the Tribunal may issue any provisional orders
or take other interim measures it deems necessary,
including injunctions and measures for the
conservation of goods which form part of the
subject matter in dispute, such as an order
for their deposit with a third person or for
the sale of perishable goods. The Tribunal
may make the granting of such measures subject
to appropriate security being furnished by
the requesting party.
(b) At the request of a party,
the Tribunal may, if it considers it to be
required by exceptional circumstances, order
the other party to provide security, in a
form to be determined by the Tribunal, for
the claim or counterclaim, as well as for
costs referred to in Article 72.
(c) Measures and orders contemplated
under this Article may take the form of an
interim award.
(d) A request addressed by
a party to a judicial authority for interim
measures or for security for the claim or
counterclaim, or for the implementation of
any such measures or orders granted by the
Tribunal, shall not be deemed incompatible
with the Arbitration Agreement, or deemed
to be a waiver of that Agreement.
Preparatory Conference
Article
47
The Tribunal may, in general
following the submission of the Statement
of Defense, conduct a preparatory conference
with the parties for the purpose of organizing
and scheduling the subsequent proceedings.
Evidence
Article
48
(a) The Tribunal shall determine
the admissibility, relevance, materiality
and weight of evidence.
(b) At any time during the
arbitration, the Tribunal may, at the request
of a party or on its own motion, order a party
to produce such documents or other evidence
as it considers necessary or appropriate and
may order a party to make available to the
Tribunal or to an expert appointed by it or
to the other party any property in its possession
or control for inspection or testing.
Experiments
Article
49
(a) A party may give notice
to the Tribunal and to the other party at
any reasonable time before a hearing that
specified experiments have been conducted
on which it intends to rely. The notice shall
specify the purpose of the experiment, a summary
of the experiment, the method employed, the
results and the conclusion. The other party
may by notice to the Tribunal request that
any or all such experiments be repeated in
its presence. If the Tribunal considers such
request justified, it shall determine the
timetable for the repetition of the experiments.
(b) For the purposes of this
Article, "experiments" shall include
tests or other processes of verification.
Site
Visits
Article
50
The Tribunal may, at the request
of a party or on its own motion, inspect or
require the inspection of any site, property,
machinery, facility, production line, model,
film, material, product or process as it deems
appropriate. A party may request such an inspection
at any reasonable time prior to any hearing,
and the Tribunal, if it grants such a request,
shall determine the timing and arrangements
for the inspection.
Agreed
Primers and Models
Article
51
The Tribunal may, where the
parties so agree, determine that they shall
jointly provide:
(i) a technical primer setting
out the background of the scientific, technical
or other specialized information necessary
to fully understand the matters in issue;
and
(ii) models, drawings or other
materials that the Tribunal or the parties
require for reference purposes at any hearing.
Disclosure of Trade Secrets and Other Confidential
Information
Article
52
(a) For the purposes of this
Article, confidential information shall mean
any information, regardless of the medium
in which it is expressed, which is
(i)
in the possession of a party,
(ii)
not accessible to the public,
(iii)
of commercial, financial or industrial significance,
and
(iv)
treated as confidential by the party possessing
it.
(b) A party invoking the confidentiality
of any information it wishes or is required
to submit in the arbitration, including to
an expert appointed by the Tribunal, shall
make an application to have the information
classified as confidential by notice to the
Tribunal, with a copy to the other party.
Without disclosing the substance of the information,
the party shall give in the notice the reasons
for which it considers the information confidential.
(c) The Tribunal shall determine
whether the information is to be classified
as confidential and of such a nature that
the absence of special measures of protection
in the proceedings would be likely to cause
serious harm to the party invoking its confidentiality.
If the Tribunal so determines, it shall decide
under which conditions and to whom the confidential
information may in part or in whole be disclosed
and shall require any person to whom the confidential
information is to be disclosed to sign an
appropriate confidentiality undertaking.
(d) In exceptional circumstances,
in lieu of itself determining whether the
information is to be classified as confidential
and of such nature that the absence of special
measures of protection in the proceedings
would be likely to cause serious harm to the
party invoking its confidentiality, the Tribunal
may, at the request of a party or on its own
motion and after consultation with the parties,
designate a confidentiality advisor who will
determine whether the information is to be
so classified, and, if so, decide under which
conditions and to whom it may in part or in
whole be disclosed. Any such confidentiality
advisor shall be required to sign an appropriate
confidentiality undertaking.
(e) The Tribunal may also,
at the request of a party or on its own motion,
appoint the confidentiality advisor as an
expert in accordance with Article 55 in order
to report to it, on the basis of the confidential
information, on specific issues designated
by the Tribunal without disclosing the confidential
information either to the party from whom
the confidential information does not originate
or to the Tribunal.
Hearings
Article
53
(a) If either party so requests,
the Tribunal shall hold a hearing for the
presentation of evidence by witnesses, including
expert witnesses, or for oral argument or
for both. In the absence of a request, the
Tribunal shall decide whether to hold such
a hearing or hearings. If no hearings are
held, the proceedings shall be conducted on
the basis of documents and other materials
alone.
(b) In the event of a hearing,
the Tribunal shall give the parties adequate
advance notice of the date, time and place
thereof.
(c) Unless the parties agree
otherwise, all hearings shall be in private.
(d) The Tribunal shall determine
whether and, if so, in what form a record
shall be made of any hearing.
Witnesses
Article
54
(a) Before any hearing, the
Tribunal may require either party to give
notice of the identity of witnesses it wishes
to call, as well as of the subject matter
of their testimony and its relevance to the
issues.
(b) The Tribunal has discretion,
on the grounds of redundance and irrelevance,
to limit or refuse the appearance of any witness,
whether witness of fact or expert witness.
(c) Any witness who gives
oral evidence may be questioned, under the
control of the Tribunal, by each of the parties.
The Tribunal may put questions at any stage
of the examination of the witnesses.
(d) The testimony of witnesses
may, either at the choice of a party or as
directed by the Tribunal, be submitted in
written form, whether by way of signed statements,
sworn affidavits or otherwise, in which case
the Tribunal may make the admissibility of
the testimony conditional upon the witnesses
being made available for oral testimony.
(e) A party shall be responsible
for the practical arrangements, cost and availability
of any witness it calls.
(f) The Tribunal shall determine
whether any witness shall retire during any
part of the proceedings, particularly during
the testimony of other witnesses.
Experts
Appointed by the Tribunal
Article
55
(a) The Tribunal may, after
consultation with the parties, appoint one
or more independent experts to report to it
on specific issues designated by the Tribunal.
A copy of the expert's terms of reference,
established by the Tribunal, having regard
to any observations of the parties, shall
be communicated to the parties. Any such expert
shall be required to sign an appropriate confidentiality
undertaking.
(b) Subject to Article 52,
upon receipt of the expert's report, the Tribunal
shall communicate a copy of the report to
the parties, which shall be given the opportunity
to express, in writing, their opinion on the
report. A party may, subject to Article 52,
examine any document on which the expert has
relied in such a report.
(c) At the request of a party,
the parties shall be given the opportunity
to question the expert at a hearing. At this
hearing, the parties may present expert witnesses
to testify on the points at issue.
(d) The opinion of any expert
on the issue or issues submitted to the expert
shall be subject to the Tribunal's power of
assessment of those issues in the context
of all the circumstances of the case, unless
the parties have agreed that the expert's
determination shall be conclusive in respect
of any specific issue.
Default
Article
56
(a) If the Claimant, without
showing good cause, fails to submit its Statement
of Claim in accordance with Article 41, the
Tribunal shall terminate the proceedings.
(b) If the Respondent, without
showing good cause, fails to submit its Statement
of Defense in accordance with Article 42,
the Tribunal may nevertheless proceed with
the arbitration and make the award.
(c) The Tribunal may also
proceed with the arbitration and make the
award if a party, without showing good cause,
fails to avail itself of the opportunity to
present its case within the period of time
determined by the Tribunal.
(d) If a party, without showing
good cause, fails to comply with any provision
of, or requirement under, these Rules or any
direction given by the Tribunal, the Tribunal
may draw the inferences therefrom that it
considers appropriate.
Closure
of Proceedings
Article
57
(a) The Tribunal shall declare
the proceedings closed when it is satisfied
that the parties have had adequate opportunity
to present submissions and evidence.
(b) The Tribunal may, if it
considers it necessary owing to exceptional
circumstances, decide, on its own motion or
upon application of a party, to reopen the
proceedings it declared to be closed at any
time before the award is made.
Waiver
Article
58
A party which knows that any
provision of, or requirement under, these
Rules, or any direction given by the Tribunal,
has not been complied with, and yet proceeds
with the arbitration without promptly recording
an objection to such non-compliance, shall
be deemed to have waived its right to object.
V.
AWARDS AND OTHER DECISIONS
Laws
Applicable to the Substance of the Dispute,
the Arbitration and the Arbitration Agreement
Article
59
(a) The Tribunal shall decide
the substance of the dispute in accordance
with the law or rules of law chosen by the
parties. Any designation of the law of a given
State shall be construed, unless otherwise
expressed, as directly referring to the substantive
law of that State and not to its conflict
of laws rules. Failing a choice by the parties,
the Tribunal shall apply the law or rules
of law that it determines to be appropriate.
In all cases, the Tribunal shall decide having
due regard to the terms of any relevant contract
and taking into account applicable trade usages.
The Tribunal may decide as amiable compositeur
or ex aequo et bono only if the parties have
expressly authorized it to do so.
(b) The law applicable to
the arbitration shall be the arbitration law
of the place of arbitration, unless the parties
have expressly agreed on the application of
another arbitration law and such agreement
is permitted by the law of the place of arbitration.
(c) An Arbitration Agreement
shall be regarded as effective if it conforms
to the requirements concerning form, existence,
validity and scope of either the law or rules
of law applicable in accordance with paragraph
(a), or the law applicable in accordance with
paragraph (b).
Currency
and Interest
Article
60
(a) Monetary amounts in the
award may be expressed in any currency.
(b) The Tribunal may award
simple or compound interest to be paid by
a party on any sum awarded against that party.
It shall be free to determine the interest
at such rates as it considers to be appropriate,
without being bound by legal rates of interest,
and shall be free to determine the period
for which the interest shall be paid.
Decision-Making
Article
61
Unless the parties have agreed
otherwise, where there is more than one arbitrator,
any award, order or other decision of the
Tribunal shall be made by a majority. In the
absence of a majority, the presiding arbitrator
shall make the award, order or other decision
as if acting as sole arbitrator.
Form
and Notification of Awards
Article
62
(a) The Tribunal may make
preliminary, interim, interlocutory, partial
or final awards.
(b) The award shall be in
writing and shall state the date on which
it was made, as well as the place of arbitration
in accordance with Article 39(a).
(c) The award shall state
the reasons on which it is based, unless the
parties have agreed that no reasons should
be stated and the law applicable to the arbitration
does not require the statement of such reasons.
(d) The award shall be signed
by the arbitrator or arbitrators. The signature
of the award by a majority of the arbitrators,
or, in the case of Article 61, second sentence,
by the presiding arbitrator, shall be sufficient.
Where an arbitrator fails to sign, the award
shall state the reason for the absence of
the signature.
(e) The Tribunal may consult
the Center with regard to matters of form,
particularly to ensure the enforceability
of the award.
(f) The award shall be communicated
by the Tribunal to the Center in a number
of originals sufficient to provide one for
each party, the arbitrator or arbitrators
and the Center. The Center shall formally
communicate an original of the award to each
party and the arbitrator or arbitrators.
(g) At the request of a party,
the Center shall provide it, at cost, with
a copy of the award certified by the Center.
A copy so certified shall be deemed to comply
with the requirements of Article IV(1)(a)
of the Convention on the Recognition and Enforcement
of Foreign Arbitral Awards, New York, June
10, 1958.
Time
Period for Delivery of the Final Award
Article
63
(a) The arbitration should,
wherever reasonably possible, be heard and
the proceedings declared closed within not
more than nine months after either the delivery
of the Statement of Defense or the establishment
of the Tribunal, whichever event occurs later.
The final award should, wherever reasonably
possible, be made within three months thereafter.
(b) If the proceedings are
not declared closed within the period of time
specified in paragraph (a), the Tribunal shall
send the Center a status report on the arbitration,
with a copy to each party. It shall send a
further status report to the Center, and a
copy to each party, at the end of each ensuing
period of three months during which the proceedings
have not been declared closed.
(c) If the final award is
not made within three months after the closure
of the proceedings, the Tribunal shall send
the Center a written explanation for the delay,
with a copy to each party. It shall send a
further explanation, and a copy to each party,
at the end of each ensuing period of one month
until the final award is made.
Effect
of Award
Article
64
(a) By agreeing to arbitration
under these Rules, the parties undertake to
carry out the award without delay, and waive
their right to any form of appeal or recourse
to a court of law or other judicial authority,
insofar as such waiver may validly be made
under the applicable law.
(b) The award shall be effective
and binding on the parties as from the date
it is communicated by the Center pursuant
to Article 62(f), second sentence.
Settlement or Other Grounds for Termination
Article
65
(a) The Tribunal may suggest
that the parties explore settlement at such
times as the Tribunal may deem appropriate.
(b) If, before the award is
made, the parties agree on a settlement of
the dispute, the Tribunal shall terminate
the arbitration and, if requested jointly
by the parties, record the settlement in the
form of a consent award. The Tribunal shall
not be obliged to give reasons for such an
award.
(c) If, before the award is
made, the continuation of the arbitration
becomes unnecessary or impossible for any
reason not mentioned in paragraph (b),
the Tribunal shall inform the parties of its
intention to terminate the arbitration. The
Tribunal shall have the power to issue such
an order terminating the arbitration, unless
a party raises justifiable grounds for objection
within a period of time to be determined by
the Tribunal.
(d) The consent award or the
order for termination of the arbitration shall
be signed by the arbitrator or arbitrators
in accordance with Article 62(d) and shall
be communicated by the Tribunal to the Center
in a number of originals sufficient to provide
one for each party, the arbitrator or arbitrators
and the Center. The Center shall formally
communicate an original of the consent award
or the order for termination to each party
and the arbitrator or arbitrators.
Correction of the Award and Additional Award
Article
66
(a) Within 30 days after receipt
of the award, a party may, by notice to the
Tribunal, with a copy to the Center and the
other party, request the Tribunal to correct
in the award any clerical, typographical or
computational errors. If the Tribunal considers
the request to be justified, it shall make
the correction within 30 days after receipt
of the request. Any correction, which shall
take the form of a separate memorandum, signed
by the Tribunal in accordance with Article
62(d), shall become part of the award.
(b) The Tribunal may correct
any error of the type referred to in paragraph
(a) on its own initiative within 30 days after
the date of the award.
(c) A party may, within 30
days after receipt of the award, by notice
to the Tribunal, with a copy to the Center
and the other party, request the Tribunal
to make an additional award as to claims presented
in the arbitral proceedings but not dealt
with in the award. Before deciding on the
request, the Tribunal shall give the parties
an opportunity to be heard. If the Tribunal
considers the request to be justified, it
shall, wherever reasonably possible, make
the additional award within 60 days of receipt
of the request.
VI.
FEES AND COSTS
Fees
of the Center
Article
67
(a) The Request for Arbitration
shall be subject to the payment to the Center
of a registration fee, which shall belong
to the International Bureau of WIPO. The amount
of the registration fee shall be fixed in
the Schedule of Fees applicable on the date
on which the Request for Arbitration is received
by the Center.
(b) The registration fee shall
not be refundable.
(c) No action shall be taken
by the Center on a Request for Arbitration
until the registration fee has been paid.
(d) If a Claimant fails, within
15 days after a second reminder in writing
from the Center, to pay the registration fee,
it shall be deemed to have withdrawn its Request
for Arbitration.
Article
68
(a) An administration fee,
which shall belong to the International Bureau
of WIPO, shall be payable by the Claimant
to the Center within 30 days after the commencement
of the arbitration. The Center shall notify
the Claimant of the amount of the administration
fee as soon as possible after receipt of the
Request for Arbitration.
(b) In the case of a counterclaim,
an administration fee shall also be payable
by the Respondent to the Center within 30
days after the date on which the counterclaim
referred to in Article 42(c) is made. The
Center shall notify the Respondent of the
amount of the administration fee as soon as
possible after receipt of notification of
the counterclaim.
(c) The amount of the administration
fee shall be calculated in accordance with
the Schedule of Fees applicable on the date
of commencement of the arbitration.
(d) Where a claim or counterclaim
is increased, the amount of the administration
fee may be increased in accordance with the
Schedule of Fees applicable under paragraph
(c), and the increased amount shall be payable
by the Claimant or the Respondent, as the
case may be.
(e) If a party fails, within
15 days after a second reminder in writing
from the Center, to pay any administration
fee due, it shall be deemed to have withdrawn
its claim or counterclaim, or its increase
in claim or counterclaim, as the case may
be.
(f) The Tribunal shall, in
a timely manner, inform the Center of the
amount of the claim and any counterclaim,
as well as any increase thereof.
Fees
of the Arbitrators
Article
69
(a) The amount and currency
of the fees of the arbitrators and the modalities
and timing of their payment shall be fixed,
in accordance with the provisions of this
Article, by the Center, after consultation
with the arbitrators and the parties.
(b) The amount of the fees
of the arbitrators shall, unless the parties
and arbitrators agree otherwise, be determined
within the range of minimum and maximum fees
set out in the Schedule of Fees applicable
on the date of the commencement of the arbitration,
taking into account the estimated time needed
by the arbitrators for conducting the arbitration,
the amount in dispute, the complexity of the
subject matter of the dispute, the urgency
of the case and any other relevant circumstances
of the case.
Deposits
Article
70
(a) Upon receipt of notification
from the Center of the establishment of the
Tribunal, the Claimant and the Respondent
shall each deposit an equal amount as an advance
for the costs of arbitration referred to in
Article 71. The amount of the deposit shall
be determined by the Center.
(b) In the course of the arbitration,
the Center may require that the parties make
supplementary deposits.
(c) If the required deposits
are not paid in full within 30 days after
receipt of the corresponding notification,
the Center shall so inform the parties in
order that one or other of them may make the
required payment.
(d) Where the amount of the
counterclaim greatly exceeds the amount of
the claim or involves the examination of significantly
different matters, or where it otherwise appears
appropriate in the circumstances, the Center
in its discretion may establish two separate
deposits on account of claim and counterclaim.
If separate deposits are established, the
totality of the deposit on account of claim
shall be paid by the Claimant and the totality
of the deposit on account of counterclaim
shall be paid by the Respondent.
(e) If a party fails, within
15 days after a second reminder in writing
from the Center, to pay the required deposit,
it shall be deemed to have withdrawn the relevant
claim or counterclaim.
(f) After the award has been
made, the Center shall, in accordance with
the award, render an accounting to the parties
of the deposits received and return any unexpended
balance to the parties or require the payment
of any amount owing from the parties.
Award
of Costs of Arbitration
Article
71
(a) In its award, the Tribunal
shall fix the costs of arbitration, which
shall consist of:
(i)
the arbitrators' fees,
(ii)
the properly incurred travel, communication
and other expenses of the arbitrators,
(iii)
the costs of expert advice and such other
assistance required by the Tribunal pursuant
to these Rules, and
(iv)
such other expenses as are necessary for the
conduct of the arbitration proceedings, such
as the cost of meeting and hearing facilities.
(b) The aforementioned costs
shall, as far as possible, be debited from
the deposits required under Article 70.
(c) The Tribunal shall, subject
to any agreement of the parties, apportion
the costs of arbitration and the registration
and administration fees of the Center between
the parties in the light of all the circumstances
and the outcome of the arbitration.
Award
of Costs Incurred by a Party
Article
72
In its award, the Tribunal
may, subject to any contrary agreement by
the parties and in the light of all the circumstances
and the outcome of the arbitration, order
a party to pay the whole or part of reasonable
expenses incurred by the other party in presenting
its case, including those incurred for legal
representatives and witnesses.
VII.
CONFIDENTIALITY
Confidentiality of the Existence of the Arbitration
Article
73
(a) Except to the extent necessary
in connection with a court challenge to the
arbitration or an action for enforcement of
an award, no information concerning the existence
of an arbitration may be unilaterally disclosed
by a party to any third party unless it is
required to do so by law or by a competent
regulatory body, and then only
(i) by disclosing no more
than what is legally required, and
(ii) by furnishing to the
Tribunal and to the other party, if the disclosure
takes place during the arbitration, or to
the other party alone, if the disclosure takes
place after the termination of the arbitration,
details of the disclosure and an explanation
of the reason for it.
(b) Notwithstanding paragraph
(a), a party may disclose to a third party
the names of the parties to the arbitration
and the relief requested for the purpose of
satisfying any obligation of good faith or
candor owed to that third party.
Confidentiality of Disclosures Made During
the Arbitration
Article
74
(a) In addition to any specific
measures that may be available under Article
52, any documentary or other evidence given
by a party or a witness in the arbitration
shall be treated as confidential and, to the
extent that such evidence describes information
that is not in the public domain, shall not
be used or disclosed to any third party by
a party whose access to that information arises
exclusively as a result of its participation
in the arbitration for any purpose without
the consent of the parties or order of a court
having jurisdiction.
(b) For the purposes of this
Article, a witness called by a party shall
not be considered to be a third party. To
the extent that a witness is given access
to evidence or other information obtained
in the arbitration in order to prepare the
witness's testimony, the party calling such
witness shall be responsible for the maintenance
by the witness of the same degree of confidentiality
as that required of the party.
Confidentiality of the Award
Article
75
The award shall be treated
as confidential by the parties and may only
be disclosed to a third party if and to the
extent that
(i) the parties consent, or
(ii) it falls into the public
domain as a result of an action before a national
court or other competent authority, or
(iii) it must be disclosed
in order to comply with a legal requirement
imposed on a party or in order to establish
or protect a party's legal rights against
a third party.
Maintenance of Confidentiality by the Center
and Arbitrator
Article
76
(a) Unless the parties agree
otherwise, the Center and the arbitrator shall
maintain the confidentiality of the arbitration,
the award and, to the extent that they describe
information that is not in the public domain,
any documentary or other evidence disclosed
during the arbitration, except to the extent
necessary in connection with a court action
relating to the award, or as otherwise required
by law.
(b) Notwithstanding paragraph
(a), the Center may include information concerning
the arbitration in any aggregate statistical
data that it publishes concerning its activities,
provided that such information does not enable
the parties or the particular circumstances
of the dispute to be identified.
VIII.
MISCELLANEOUS
Exclusion
of Liability
Article
77
Except in respect of deliberate
wrongdoing, the arbitrator or arbitrators,
WIPO and the Center shall not be liable to
a party for any act or omission in connection
with the arbitration.
Waiver
of Defamation
Article
78
The parties and, by acceptance
of appointment, the arbitrator agree that
any statements or comments, whether written
or oral, made or used by them or their representatives
in preparation for or in the course of the
arbitration shall not be relied upon to found
or maintain any action for defamation, libel,
slander or any related complaint, and this
Article may be pleaded as a bar to any such
action.
SCHEDULE
OF FEES
(All amounts are in United
States dollars)
FEES
OF THE CENTER
I.
Registration Fee
(Article 67, WIPO Arbitration Rules)
Amount
of Claim |
Registration Fee |
Up
to $1,000,000 |
$1,000 |
$1,000,001 to $10,000,000 |
$2,000 |
Over
$10,000,000 |
$3,000 |
Notes
1. Where the amount of the
claim is not specified at the time of submitting
the Request for Arbitration, a registration
fee of $1,000 shall be payable, subject to
adjustment when the Statement of Claim is
filed.
2. Where a claim is not for
a monetary amount, a registration fee of $1,000
shall be payable, subject to adjustment. The
adjustment shall be made by reference to the
registration fee that the Center, upon examination
of the Request for Arbitration or the Statement
of Claim, determines to be appropriate in
the circumstances.
3. The amount of claims expressed
in currencies other than United States dollars
shall, for the purposes of calculating the
registration fee, be converted to amounts
expressed in United States dollars on the
basis of the official United Nations exchange
rate prevailing on the date of submission
of the Request for Arbitration.
II.
Administration Fee
(Article 68, WIPO Arbitration Rules)
Amount
of Claim or Counter-Claim |
Administration Fee |
Up
to $100,000 |
$1,000 |
$100,001
to $1,000,000 |
$1,000
+ 0.40%
(of the amount above $100,000) |
$1,000,001 to $5,000,000 |
$4,600
+ 0.20%
(of the amount above $1,000,000) |
$5,000,001 to $20,000,000 |
$12,600
+ 0.10%
(of the amount above $5,000,000) |
Over
$20,000,000 |
$27,600
+ 0.05%
(of the amount above $20,000,000 up
to a maximum administration fee of
$35,000) |
Notes
1. Where a claim or counterclaim
is not for a monetary amount, the Center shall
determine an appropriate administration fee.
2. For the purpose of calculating
the administration fee, the percentage figures
are applied to each successive part of the
amount of claim or counterclaim. For example,
if the amount of claim is $5,000,000, the
administration fee would be calculated as
follows:
$100,000 |
|
$1,000 |
$900,000
(difference between $100,000 and $1,000,000) |
0.40% |
$3,600 |
$4,000,000 (difference between $1,000,000
and $5,000,000) |
0.20% |
$8,000 |
$5,000,000 |
|
$12,600 |
3. The maximum administration
fee payable is $35,000.
4. The amounts of claims or
counterclaims expressed in currencies other
than United States dollars shall, for the
purposes of calculating the administration
fee, be converted to amounts expressed in
United States dollars on the basis of the
official United Nations exchange rate prevailing
on the date of submission of the claim or
of the counterclaim, respectively.
ARBITRATOR'S FEES
Notes
1. For the purpose of calculating
the amount of claims, the value of any counterclaim
is added to the amount of the claim.
2. For the purpose of calculating
the minimum and maximum amounts of the arbitrators'
fees, the percentage figures are applied to
each successive part of the whole amount of
claims. For example, if the amount of claim
is $1,500,000, the minimum fees for a sole
arbitrator would be calculated as follows:
$100,000 |
|
$2,000 |
$400,000
(difference between $100,000 and $500,000) |
2.00% |
$8,000 |
$500,000
(difference between $500,000 and $1,000,000) |
1.50% |
$7,500 |
$500,000
(difference between $1,000,000 and
$1,500,000) |
1.00% |
$5,000 |
$1,500,000 |
|
$22,500 |
3. Where a claim or counterclaim
is not for a monetary amount, the Center shall,
in consultation with the arbitrators and the
parties, determine an appropriate value for
the claim or counterclaim for the purpose
of determining the arbitrators' fees.
4. The amounts of claims or
counterclaims expressed in currencies other
than United States dollars shall, for the
purpose of determining the arbitrators' fees,
be converted to amounts expressed in United
States dollars on the basis of the official
United Nations exchange rate prevailing on
the date of submission of the claim or of
the counterclaim, respectively.
5. The amounts and percentage
figures specified in the Table for a three-person
Tribunal represent the total fees payable
to such a Tribunal, and not the fees payable
to each arbitrator. Such fees shall be distributed
between the three persons in accordance with
the unanimous decision of those three persons.
In the absence of such a decision, the distribution
shall be 40 per cent for the presiding arbitrator,
and 30 per cent for each of the other two
arbitrators.
6. Where, by the agreement
of the parties, a number of arbitrators other
than one or three is appointed to a Tribunal,
the scale of minimum and maximum fees for
the Tribunal in question shall be determined
by the Center. That scale shall be so determined
by multiplying the scale for a sole arbitrator
by the number of arbitrators reduced by a
factor that takes account of the sharing of
work and responsibility among the arbitrators.
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