Case Filing Guidelines

• How to submit a Request for WIPO Arbitration?
• How to submit an Answer to the Request for WIPO Arbitration?
• How to submit a Request for WIPO Expedited Arbitration?
• How to submit an Answer to the Request for WIPO Expedited Arbitration?

Referral to WIPO arbitration or WIPO expedited arbitration is consensual. A WIPO (expedited) arbitration can only take place if both parties have agreed to such procedure by means of a WIPO (expedited) arbitration clause in the relevant contract, or by means of a WIPO (expedited) arbitration submission agreement.

How to submit a Request for WIPO Arbitration?

A WIPO arbitration is commenced by the Claimant submitting a Request for Arbitration in writing to the WIPO Arbitration and Mediation Center.

• The Request for Arbitration should contain:

1. a demand that the dispute be referred to arbitration under the WIPO Arbitration Rules
2. the names and full communication details of the parties and their representatives
3. a copy of the arbitration agreement and, if applicable, any separate choice-of-law clause
4. 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
5. a statement of the relief sought and an indication, to the extent possible, of any amount claimed
6. any requests or observations relating to the appointment of the Tribunal, including the number of arbitrators and the arbitrator's expected qualifications
   
   (WIPO Arbitration Rules, Articles 6-10)

The Statement of Claim may accompany the Request for Arbitration or may be submitted within 30 days after receipt of notification from the Center of the establishment of the Tribunal. The Statement of Claim should contain a comprehensive statement of the facts and legal arguments supporting the claim, including a statement of the relief sought, and should be accompanied by the documentary evidence upon which the Claimant relies. (WIPO Arbitration Rules, Articles 10, 41)

• The Request for Arbitration should be sent by expedited postal or courier service or by fax or by e-mail to:

1. WIPO Arbitration and Mediation Center
   34 chemin des Colombettes
   1211 Geneva 20
   Switzerland
   Tel: (+41 22) 338 8247
   Fax: (+41 22) 740 3700
   arbiter.mail@wipo.int
   
   The Center recommends that, where appropriate, the Request for Arbitration is submitted in hardcopy as well as by e-mail. The submission in hardcopy to the Center should be sent in a number of copies sufficient to provide one copy for each envisaged arbitrator and one for the Center (WIPO Arbitration Rules, Article 5(b))
   
   
2. The Respondent (WIPO Arbitration Rules, Articles 5a, 6)

• The Claimant should pay the registration fee to the Center as required by Article 67 of the WIPO Arbitration Rules and the Center's Schedule of Fees and Costs. The Center recommends that the Claimant make mention of such payment when submitting the Request for Arbitration to the Center.
  
  The fee paid will be considered in any accounting and apportionment of fees and deposits received from the parties. (WIPO Arbitration Rules, Article 71(c))
  
  
• The Claimant may indicate in the Request for Arbitration whether it proposes to use the WIPO Electronic Case Facility (ECAF) in the arbitration proceedings. ECAF may be used by party agreement.

Upon receipt of the Request for Arbitration, the Center shall inform the parties in writing of the receipt by it of such Request and of the date of commencement of the arbitration. (WIPO Arbitration Rules, Article 8)

How to submit an Answer to the Request for WIPO Arbitration?

Within 30 days from the date on which the Respondent receives the Request for Arbitration from the Claimant, the Respondent should submit in writing an Answer to the Request.

• The Answer to the Request:

1. should contain comments on any of the elements in the Request for Arbitration
2. may include indications of any counter-claim or set-off
   
   (WIPO Arbitration Rules, Article 11)

• The Answer to the Request should be sent by expedited postal or courier service or by fax or by e-mail to:

1. WIPO Arbitration and Mediation Center
   34 chemin des Colombettes
   1211 Geneva 20
   Switzerland
   Tel.: (+41 22) 338 8247
   Fax: (+41 22) 740 3700
   arbiter.mail@wipo.int
   
   The Center recommends that, where appropriate, the Answer to the Request is submitted in hardcopy as well as by e-mail. The submission in hardcopy to the Center should be sent in a number of copies sufficient to provide one copy for each envisaged arbitrator and one for the Center. (WIPO Arbitration Rules, Article 5(b))
   
   
2. The Claimant (WIPO Arbitration Rules, Articles 5(a), 11)
   
   
3. The Tribunal, if established prior to the deadline for submitting the Answer to the Request (WIPO Arbitration Rules, Article 5(c))

• If the Answer to the Request includes a counter-claim, the Respondent should pay the registration fee to the Center as required by Article 67 of the WIPO Arbitration Rules and the Center's Schedule of Fees and Costs. The Center recommends that, in such event, the Respondent make mention of such payment when submitting the Answer to the Request to the Center.
  
  The fee paid will be considered in any accounting and apportionment of fees and deposits received from the parties. (WIPO Arbitration Rules, Article 71(c)).
  
  
• The Respondent may indicate in the Answer to the Request whether it proposes to use the WIPO Electronic Case Facility (ECAF) in the arbitration proceedings. ECAF may be used by party agreement.

How to submit a Request for WIPO Expedited Arbitration?

A WIPO expedited arbitration is commenced by the Claimant submitting a Request for Expedited Arbitration in writing to the WIPO Arbitration and Mediation Center.

• The Request for Expedited Arbitration should contain:

1. a demand that the dispute be referred to arbitration under the WIPO Expedited Arbitration Rules
2. the names and full communication details of the parties and their representatives
3. a copy of the arbitration agreement and, if applicable, any separate choice-of-law clause
4. any requests or observations relating to the appointment of the Tribunal, including the arbitrator’s expected qualifications
   
   (WIPO Expedited Arbitration Rules, Articles 6-10)

• The Request for Expedited Arbitration should be accompanied by the Statement of Claim, which should contain:

1. a comprehensive statement of the facts and legal arguments supporting the claim
2. a statement of the relief sought
3. the documentary evidence upon which the Claimant relies, together with a schedule of such documents
   
   (WIPO Expedited Arbitration Rules, Article 35)
   
   

• The Request for Expedited Arbitration and the Statement of Claim should be sent by expedited postal or courier service or by fax or by e-mail to:

1. WIPO Arbitration and Mediation Center
   34 chemin des Colombettes
   1211 Geneva 20
   Switzerland
   Tel.: (+41 22) 338 8247
   Fax: (+41 22) 740 3700
   arbiter.mail@wipo.int
   
   The Center recommends that, where appropriate, the Request for Expedited Arbitration and the Statement of Claim are submitted in hardcopy as well as by e-mail. The submission in hardcopy to the Center should be sent in two copies, one copy for the Tribunal and one for the Center. (WIPO Expedited Arbitration Rules, Article 5(b))
   
   
2. The Respondent (WIPO Expedited Arbitration Rules, Articles 5(a), 6)

• The Claimant should pay the registration fee to the Center as required by Article 60 of the WIPO Expedited Arbitration Rules and the Schedule of Fees and Costs. The Center recommends that the Claimant make mention of such payment when submitting the Request for Expedited Arbitration to the Center.
  
  The fee paid will be considered in any accounting and apportionment of fees and deposits received from the parties. (WIPO Expedited Arbitration Rules, Article 64(c)).
  
  
• The Claimant may indicate in the Request for Expedited Arbitration whether it proposes to use the WIPO Electronic Case Facility (ECAF) in the arbitration proceedings. ECAF may be used by party agreement.

Upon receipt of the Request for Expedited Arbitration and the Statement of Claim, the Center shall inform the parties in writing of the receipt by it of such Request and Statement of Claim, and of the date of commencement of the arbitration. (WIPO Expedited Arbitration Rules, Article 8)

How to Submit an Answer to the Request for Expedited Arbitration?

Within 20 days from the date on which the Respondent receives the Request for Expedited Arbitration from the Claimant, the Respondent should submit in writing an Answer to the Request.

• The Answer to the Request:

  1. should contain comments on any of the elements in the Request for Expedtied Arbitration
  2. may include indications of any counter-claim or set-off
     
     (WIPO Expedited Arbitration Rules, Article 11)

• The Answer to the Request should be accompanied by the Statement of Defense, which:

  1. should reply to the particulars of the Statement of Claim
  2. should be accompanied by the corresponding documentary evidence
  3. may include any counter-claim or set-off (Any counter-claim or set-off may be submitted at a later stage in the arbitral proceedings if so determined by the Tribunal.)
     
     (WIPO Expedited Arbitration Rules, Articles 12, 36)

• The Answer to the Request and the Statement of Defense should be sent by expedited postal or courier service or by fax or by e-mail to:

  1. WIPO Arbitration and Mediation Center
     34 chemin des Colombettes
     1211 Geneva 20
     Switzerland
     Tel: (+41 22) 338 8247
     Fax: (+41 22) 740 3700
     arbiter.mail@wipo.int
     
     The Center recommends that, where appropriate, the Answer to the Request and the Statement of Defense are submitted in hardcopy as well as by e-mail. The submission in hardcopy to the Center should be sent in two copies, one copy for the Tribunal and one for the Center. (WIPO Expedited Arbitration Rules, Article 5(b))
     
     
  2. The Claimant (WIPO Expedited Arbitration Rules, Articles 5(a), 11)
     
     
  3. The Tribunal, if established prior to the deadline for submitting the Answer to the Request (WIPO Expedited Arbitration Rules, Article 5(c))

• If the Answer to the Request and Statement of Defense include a counter-claim, the Respondent should pay the registration fee to the Center as required by Article 60 of the WIPO Expedited Arbitration Rules and the Center's Schedule of Fees and Costs. The Center recommends that, in such event, the Respondent make mention of such payment when submitting the Answer to the Request to the Center.
  
  The fee paid will be considered in any accounting and apportionment of fees and deposits received from the parties. (WIPO Expedited Arbitration Rules, Article 64(c))
  
  
• The Respondent may indicate in the Answer to the Request whether it proposes to use the WIPO Electronic Case Facility (ECAF) in the arbitration proceedings. ECAF may be used by party agreement.