WIPO Caseload Summary

WIPO Mediation, Arbitration, Expert Determination Cases and Good Offices Requests

Statistics


2013: excluding LRO expert determination cases

The WIPO Arbitration and Mediation Center has administered some 560 mediation, arbitration and expert determination (together, WIPO ADR) cases. As the table covering the period 2009-2017 shows, most of these cases have been filed in recent years.

WIPO ADR cases were predominately based on contract clauses; however some cases were submitted to WIPO ADR as a result of a submission agreement concluded after the dispute had arisen (some of these following WIPO Good Offices as described below, including disputes pending before national courts).

Some 40% of the mediation, arbitration and expedited arbitration cases filed with the WIPO Center included an escalation clause providing for WIPO mediation followed, in the absence of a settlement, by WIPO arbitration or expedited arbitration.

In addition, the WIPO Center regularly provides procedural guidance to parties in order to facilitate their direct settlement, or the submission of their existing dispute to WIPO ADR.

The WIPO Center has assisted parties in over 380 "Good Offices" requests (some of these are followed by WIPO ADR proceedings) that have involved parties based in different jurisdictions from all regions of the world.

 

Types of Disputes

WIPO ADR cases usually arise in the context of the following types of disputes:

  • licensing agreements (e.g., trademarks, patents, copyright, software)
  • research and development agreements
  • technology transfer agreements
  • distribution agreements, franchising agreements
  • Information Technology agreements
  • data processing agreements
  • joint venture agreements
  • consultancy agreements
  • art marketing agreements
  • TV distribution and formats
  • film production
  • copyright collective management
  • cases arising out of agreements in settlement of prior court litigation

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Parties

Parties to WIPO ADR cases include large and small and medium sized companies across industries and sectors, artists and inventors, R&D centers, universities, producers and collecting societies.

Parties to WIPO ADR cases so far were based in different jurisdictions, including: Algeria, Australia, Austria, Belgium, Belize, Brazil, Canada, China, Colombia, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, India, Indonesia, Ireland, Israel, Italy, Japan, Lebanon, Malaysia, Malta, Mexico, Morocco, Netherlands, Nigeria, Norway, Panama, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Singapore, Spain, Switzerland, Trinidad and Tobago, Tunisia, Turkey, United Arab Emirates, United Kingdom and United States of America.

Venue and Languages

The most common venues of WIPO ADR proceedings have included: France, Germany, Ireland, Italy, Netherlands, Singapore, Spain, Switzerland, United Kingdom and United States of America.

WIPO ADR proceedings have been conducted in several languages that include: Chinese, English, French, German, Italian, Korean, Portuguese and Spanish.

Case Examples

The WIPO Center makes available a number of anonymized mediation and arbitration case examples.

Remedies

Amounts in dispute in WIPO ADR cases have varied from USD 15,000 to 1 billion.

The remedies claimed in arbitration proceedings have included: damages, infringement declarations and specific performance, such as a declaration of non-performance of contractual obligations, or of infringement of rights, further safeguards for the preservation of confidentiality of evidence, the provision of a security, the production of data, the delivery of goods and the conclusion of new contracts.

Settlement Rates

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WIPO Domain Name Administrative Dispute Resolution Procedures

The number of cases administered by WIPO under the Uniform Domain Name Dispute Resolution Policy (UDRP) procedures exceeds 40,000. Together, these administrative proceedings have involved parties from 177 countries and some 75,000 Internet domain names. The WIPO Center makes available full statistics about domain name filings, outcomes and geographical distribution of parties.

The UDRP applies primarily to international domains such as .com, .net, .org, .xyz, .top, and .win. In addition, over 70 country code top-level domains (ccTLDs) have now appointed the WIPO Center as service provider for their domain name disputes. Apart from UDRP cases the WIPO Center has administered over 15,000 cases under Sunrise policies relating to registrations in the start-up phase of new domains, as well as 69 cases filed under the ICANN Legal Rights Objection (LRO) mechanism for new gTLDs.

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