WIPO Expedited Arbitration Rules
I. GENERAL PROVISIONS
In these Rules:
"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" means the arbitrator;
"WIPO" means the World Intellectual Property Organization;
"Center" means the WIPO Arbitration and Mediation Center, a unit of the International Bureau of WIPO;
"Docket" means the Center's on-line repository of all communications other than documentary evidence that are submitted into the record of the case and that may be accessed by all of the parties, the Tribunal and the Center;
"Correspondence" means the Center's on-line repository of all communications submitted through the Center's on-line facility that are submitted into the Docket;
Words used in the singular include the plural and vice versa, as the context may require.
Scope of Application of Rules
These WIPO Expedited Arbitration Rules (as adapted for ccTLD Dispute Resolution) are deemed to form part of the parties' submission to arbitration under the Dispute Resolution Policy forming part of the Agreement for the Registration of Domain Names. Any dispute submitted to arbitration under this Policy shall be settled in accordance with these Rules, as in effect on the date of commencement of the arbitration.
(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 cannot be derogated, that provision shall prevail.
(b) The law applicable to the arbitration shall be determined in accordance with
(a) With the exception of documentary evidence, any communication to be submitted into the record of the case that can be transmitted electronically by the submitting party, shall be transmitted through the use of the Center's on-line dispute resolution facility, as follows:
(i) any communication that may be accessed by all of the parties, the Tribunal and the Center, shall be submitted into the Docket of the Center's on-line dispute resolution facility;
(ii) any communication that may not be accessed by all of the parties, the Tribunal and the Center, shall be submitted into the Correspondence of the Center's on-line dispute resolution facility, together with a notice that such communication is to form part of the record of the case.
(b) All documentary evidence, and all other communications that cannot be transmitted electronically by the submitting party, to be submitted into the record of the case shall be transmitted by telefax, expedited postal or courier service. In such case, the submitting party shall submit into the Docket a statement containing:
(i) a confirmation that the communication has been transmitted;
(ii) a brief description of the communication;
(iii) the date of transmission of the communication;
(iv) the identity of the addressee(s) of the communication.
(c) The Correspondence of the on-line dispute resolution facility may also be used for any communication that is not to be submitted into the record of the case.
(d) The contact details provided by the Claimant pursuant to Article 9 (ii) shall be valid for the purpose of any communication to the Claimant under these Rules.
(e) In the absence of any notification of a change by the Respondent in the course of the proceedings, the contact details provided by the Respondent shall be valid for the purpose of any communication to the Respondent under these Rules.
Periods of Time
(a) For the purpose of determining the date of commencement of a time-limit:
(i) a communication submitted through the Center's on-line dispute resolution facility shall be deemed to have been made available on the day after such communication was logged by the facility;
(ii) all other communications shall be deemed to have been made available, in case of a communication by telefax, on the day of its transmission, and, in the case of a communication by expedited postal or courier service, on the day of its delivery.
(b) If the last day of a time period under these Rules 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.
(c) For the purpose of determining compliance with a time-limit:
(i) a communication submitted through the Center's on-line dispute resolution facility shall be deemed to have been transmitted in compliance with the time-limit if such communication was logged by the facility no later than one day after the expiry of such time-limit;
(ii) all other communications shall be deemed to have been made in compliance with the time-limit if such communication was transmitted no later than the day of expiry of such time-limit.
(d) The parties may agree to reduce or extend the periods of time referred to in Articles 11, 14(b) and 38(a).
(e) The Center may, at the request of a party or on its own motion, extend the periods of time referred to in Articles 11, 14(b), 15(a)(i), 15(a)(iii), 19(b), 38(a), 56(a), 56(d), 58(c) and 58 (d).
(f) The Center may, in consultation with the parties, reduce the period of time referred to in Article 11.
II. COMMENCEMENT OF THE ARBITRATION
Request for Arbitration
The Claimant shall transmit the Request for Arbitration to the Center and to the Respondent.
The date of commencement of the arbitration shall be the date on which the Request for Arbitration has been made available to the Center.
The Center shall inform the Claimant, the Respondent and the Registrar of the transmission to the Center of the Request for Arbitration and shall inform them of the date of commencement of the arbitration.
The Request for Arbitration shall contain:
(i) a demand that the dispute be referred to arbitration under the WIPO Expedited Arbitration Rules (as adapted for ccTLD Dispute Resolution);
(ii) the names, e-mail and postal addresses, telephone and telefax numbers and any other applicable communication references of the parties and their representatives;
(iii) any observations that the Claimant considers useful in connection with Articles 14 to 16.
The Request for Arbitration shall be accompanied by the Statement of Claim in conformity with Article 36(a) and (b).
Answer to the Request
Within 15 days from the date on which the Request for Arbitration has been made available to the Respondent or within 10 days from the date of the appointment of the Tribunal, whichever event occurs later, the Respondent shall transmit to the Center and to the Claimant an Answer to the Request which shall contain comments on any of the items in the Request for Arbitration.
The Answer to the Request shall be accompanied by the Statement of Defense in conformity with Article 37(a) and (b).
(a) Any party may be represented or assisted by persons of its choice, irrespective of, in particular, nationality or professional qualifications.
(b) Each party shall ensure that its representatives have sufficient time available to enable the arbitration to proceed expeditiously.
III. COMPOSITION AND ESTABLISHMENT OF THE TRIBUNAL
(a) The Tribunal shall consist of a sole arbitrator, who shall be appointed jointly by the parties.
(b) If the parties do not appoint the sole arbitrator within seven days after the Request for Arbitration has been made available to the Respondent, the sole arbitrator shall be appointed by the Center in accordance with Article 15.
Appointment of Arbitrator
(a) Subject to paragraph (b), where the appointment of the arbitrator is to be made by the Center, such appointment shall take place in accordance with the following procedure:
(i) Within five days after the expiry of the deadline mentioned in Article 14 (b), the Center shall transmit to each party an identical and alphabetical list of three candidates, including a brief statement of their qualifications.
(ii) Each party shall have the right to delete the name of any candidate(s) to whose appointment it objects and shall number any remaining candidates in order of preference.
(iii) Each party shall transmit the marked list to the Center within five days after the names of the candidates had been transmitted to it. A party failing to transmit the marked list within such period shall be deemed to have assented to all candidates on the list.
(iv) As soon as possible after the transmission of the marked lists by the parties or, failing this, after the expiry of the period of time specified in the preceding 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 arbitrator.
(v) If the marked lists transmitted by the parties do not show a person acceptable to both parties, the Center shall be authorized to appoint the arbitrator.
(vi) Similarly, the Center shall be authorized to appoint the arbitrator if a candidate is not able or does not wish to accept the Center's invitation to be the arbitrator or if there appear to be other reasons precluding that candidate from being the arbitrator, and there does not remain on the list another candidate acceptable to both parties.
(b) Notwithstanding the provision of paragraph (a), the Center shall be authorized to appoint the arbitrator without application of the procedure described in that paragraph if the Center determines in its discretion that such procedure is not appropriate for the case.
Nationality of Arbitrator
Unless the parties have the same nationality, and unless the parties agree otherwise, the 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
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
(a) The arbitrator shall be impartial and independent.
(b) The prospective arbitrator shall, before accepting appointment, disclose to the parties and the Center any circumstances that might give rise to justifiable doubt as to the arbitrator's impartiality or independence, or confirm 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 the arbitrator's impartiality or independence, the arbitrator shall promptly disclose such circumstances to the parties and the Center.
Availability, Acceptance and Notification
(a) The 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) The prospective arbitrator shall communicate acceptance of appointment to the Center within seven days.
(c) The Center shall notify the parties of the establishment of the Tribunal.
Challenge of Arbitrator
(a) The 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.
A party challenging the arbitrator shall transmit a notice to the Center, the Tribunal and the other party, stating the reasons for the challenge, within seven 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.
When the 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, transmit, within seven days after receipt of the notice referred to in Article 21, a copy of its response to the Center, the party making the challenge and the arbitrator.
The Tribunal may, in its discretion, suspend or continue the arbitral proceedings during the pendency of the challenge.
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.
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
At the arbitrator's own request, the arbitrator may be released from appointment as arbitrator either with the consent of the parties or by the Center.
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.
At the request of a party or on its own motion, the Center may release the 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 22 to 25 shall apply mutatis mutandis.
Replacement of Arbitrator
(a) Whenever necessary, a substitute arbitrator shall be appointed pursuant to the procedure provided for in Articles 14 and 15 that was applicable to the appointment of the arbitrator being replaced.
(b) Pending the replacement, the arbitral proceedings shall be suspended, unless otherwise agreed by the parties.
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.
Pleas as to the Jurisdiction of the Tribunal
(a) The Tribunal shall have the power to hear and determine objections to its own jurisdiction.
(b) 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 counter claim, 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.
(c) The Tribunal may rule on a plea referred to in paragraph (b) as a preliminary question or, in its sole discretion, decide on such a plea in the final award.
(d) 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
The Center shall make the file available to the arbitrator as soon as the arbitrator is appointed.
General Powers of the Tribunal
(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.
Place of Arbitration
(a) Unless the parties agree on the place of arbitration, the place of arbitration shall be decided by the Tribunal, 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
(a) The language of the arbitration shall be English, 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 the arbitration be accompanied by a translation in whole or in part into the language of the arbitration.
Statement of Claim
(a) 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.
(b) 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
(a) The Statement of Defense shall reply to the particulars of the Statement of Claim required pursuant to Article 36(a). The Statement of Defense shall be accompanied by the corresponding documentary evidence described in Article 36(b).
(b) Any counter-claim 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 counter claim shall contain the same particulars as those specified in Article 36(a) and (b).
Further Written Statements
(a) In the event that a counter-claim has been made or asserted, the Claimant shall transmit a reply to the particulars thereof within 20 days from the date on which such counter-claim has been made available to the Claimant. Article 37(a) 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
Subject to any contrary agreement by the parties, a party may amend or supplement its claim, counter claim, or defense during the course of the arbitral proceedings, unless the Tribunal considers it inappropriate to allow such amendment or supplement having regard to its nature or the delay in making it and to the provisions of Article 33(b) and (c).
Communication Between Parties and Tribunal
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 the 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.
Orders for Provisional Suspension; Security for Claims and Costs
(a) At the request of a party, the Tribunal may issue orders for the provisional suspension for the duration of the proceedings of a party's registration that is the subject of the claim or counter-claim. The Tribunal may make the granting of such orders 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 counter-claim, as well as for costs referred to in Article 60.
(c) 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 counter-claim, or for the implementation of any such measures or orders granted by the Tribunal, shall not be deemed incompatible with the submission of the dispute to arbitration under the Dispute Resolution Policy forming part of the Agreement for the Registration of Domain Names, or deemed to be a waiver of such submission.
(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.
Disclosure of Trade Secrets and Other Confidential Information
(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, 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.
(a) For the purposes of this Article, "hearing" shall include a physical meeting, a telephone or video conference, and other similar simultaneous means of electronic communication.
(b) 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.
(c) If a hearing is held, it shall be convened as soon as possible after the receipt by the Claimant of the Answer to the Request and the Statement of Defense. The Tribunal shall give the parties adequate advance notice of the date, time and place of the hearing. Except in exceptional circumstances, hearings may not exceed one day. Each party shall be expected to bring to the hearing such persons as necessary to adequately inform the Tribunal of the dispute.
(d) Unless the parties agree otherwise, all hearings shall be in private.
(e) The Tribunal shall determine whether and, if so, in what form a record shall be made of any hearing.
(f) Within such short period of time after the hearing as is agreed by the parties or, in the absence of such agreement, determined by the Tribunal, each party may communicate to the Tribunal and to the other party a post-hearing brief.
(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.
(a) If the Claimant, without showing good cause, fails to submit its Statement of Claim in accordance with Article 10, 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 12, 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
(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 re-open the proceedings it declared to be closed at any time before the award is made.
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 and the Arbitration
(a) Unless the parties agree on the applicable law or rules or law, the Tribunal shall apply the law or rules of law that it determines to be appropriate, taking into consideration any observations of the parties and the circumstances of the arbitration.
(b) The law applicable to the arbitration shall be the arbitration law of the place of arbitration.
Currency and Interest
(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.
Form and Notification of Awards
(a) 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 34(a).
(b) 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.
(c) The award shall be signed by the arbitrator.
(d) The Tribunal may consult the Center with regard to matters of form, particularly to ensure the enforceability of the award.
(e) The award shall be transmitted by the Tribunal to the Center, which shall transmit the award to each party, the arbitrator and the Registrar.
(f) 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
(a) The arbitration should, wherever reasonably possible, be heard and the proceedings declared closed within 30 days after either the Statement of Defense has been made available or the establishment of the Tribunal, whichever event occurs later. The final award should, wherever reasonably possible, be made within seven days after the closure of the proceedings.
(b) If the proceedings are not declared closed within the period of time specified in paragraph (a), the Tribunal shall transmit to the Center and to each party a status report on the arbitration. It shall transmit a further status report to the Center and to each party at the end of each ensuing period of 10 days during which the proceedings have not been declared closed.
(c) If the final award is not made within seven days after the closure of the proceedings, the Tribunal shall transmit to the Center and to each party a written explanation for the delay. It shall transmit a further explanation at the end of each ensuing period of seven days until the final award is made.
Effect of Award
(a) By submitting to arbitration under the Dispute Resolution Policy forming part of the Agreement for the Registration of Domain Names in accordance with 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.
(b) The award shall be effective and binding on the parties as from the date it is communicated by the Center pursuant to Article 51(f).
Settlement or Other Grounds for Termination
(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 and shall be made available by the Tribunal to the Center, which shall formally transmit the consent award or the order for termination to each party and the arbitrator.
Correction of the Award and Additional Award
(a) Within 10 days after the award has been made available to it, a party may transmit to the Tribunal, the Center and the other party a request that the Tribunal 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 10 days after the transmission of the request. Any correction, which shall take the form of a separate memorandum signed by the Tribunal, 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 10 days after the date of the award.
(c) Within 10 days after the award has been made available to it, a party may transmit to the Tribunal, the Center and the other party a request that the Tribunal 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 15 days after the transmission of the request.
VI. FEES AND COSTS
(a) Within 15 days after the transmission by the Claimant of the Request for Arbitration, the Claimant shall pay to the Center an administration fee in accordance with the Schedule of Fees and Costs applicable on the date of transmission of the Request for Arbitration.
(b) The administration fee shall not be refundable.
(c) No action shall be taken by the Center on a Request for Arbitration until the administration fee has been paid.
(d) If a Claimant fails, within 10 days after the Center has transmitted a reminder, to pay the administration fee, it shall be deemed to have withdrawn its Request for Arbitration.
Fees of the Arbitrator
The amount of the fees of the arbitrator shall be as fixed in the Schedule of Charges applicable on the date on which the Request for Arbitration is transmitted to the Center. The modalities and timing of their payment shall be fixed by the Center.
(a) Upon transmission by the Center of a notice of 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 59. 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 15 days after the corresponding notification has been made available, the Center shall so inform the parties in order that one or other of them may make the required payment.
(d) If a party fails, within 10 days after a reminder from the Center, to pay the required deposit, it shall be deemed to have withdrawn the relevant claim or counter-claim.
(e) 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
(a) In its award, the Tribunal shall fix the costs of arbitration, which shall consist of:
(i) the arbitrator's fees,
(ii) the properly incurred travel, communication and other expenses of the arbitrator,
(iii) the costs of expert advice and such other assistance required by the Tribunal, 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 58.
(c) The Tribunal shall, subject to any agreement of the parties, apportion the costs of arbitration and the 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
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.
Confidentiality of Disclosures Made During the Arbitration
(a) In addition to any specific measures that may be available under Article 43, 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 by a party whose access to that information arises exclusively as a result of its participation in the arbitration to any third party 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
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
(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.
Exclusion of Liability
Except in respect of deliberate wrongdoing, the arbitrator, WIPO and the Center shall not be liable to a party for any act or omission in connection with the arbitration.
Waiver of Defamation
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 AND COSTS
Please consult the WIPO Arbitration and Mediation Center's Schedule of Fees for information on the fees and costs of the arbitration.