World Intellectual Property Organization

Recommended Contract Clauses and Submission Agreements for WIPO Mediation and Expedited Arbitration for Film and Media

Future Disputes

Mediation for Film and Media

"Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules for Film and Media. The place of mediation shall be [specify place]. The language to be used in the mediation shall be [specify language]."

Mediation for Film and Media Followed, in the Absence of a Settlement, by Expedited Arbitration for Film and Media

"Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules for Film and Media. The place of mediation shall be [specify place]. The language to be used in the mediation shall be [specify language].

If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within [30][60] days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules for Film and Media. Alternatively, if, before the expiration of the said period of [30][60] days, either party fails to participate or to continue to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules for Film and Media. The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration shall be [specify place]. The language to be used in the arbitral proceedings shall be [specify language]. The dispute, controversy or claim referred to arbitration shall be decided in accordance with the law of [specify jurisdiction].”

Expedited Arbitration for Film and Media

“Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules for Film and Media. The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration shall be [specify place]. The language to be used in the arbitral proceedings shall be [specify language]. The dispute, controversy or claim shall be decided in accordance with the law of [specify jurisdiction].”

Existing Disputes

Mediation for Film and Media

“We, the undersigned parties, hereby agree to submit to mediation in accordance with the WIPO Mediation Rules for Film and Media the following dispute:
[brief description of the dispute]

The place of mediation shall be [specify place]. The language to be used in the mediation shall be [specify language].”

Mediation for Film and Media Followed, in the Absence of a Settlement, by Expedited Arbitration for Film and Media

“We, the undersigned parties, hereby agree to submit to mediation in accordance with the WIPO Mediation Rules for Film and Media the following dispute:
[brief description of the dispute]

The place of mediation shall be [specify place]. The language to be used in the mediation shall be [specify language].

We further agree that, if, and to the extent that, the dispute has not been settled pursuant to the mediation within [30][60] days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules for Film and Media. Alternatively, if, before the expiration of the said period of [30][60] days, either party fails to participate or to continue to participate in the mediation, the dispute shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules for Film and Media. The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration shall be [specify place]. The language to be used in the arbitral proceedings shall be [specify language]. The dispute referred to arbitration shall be decided in accordance with the law of [specify jurisdiction].”


Expedited Arbitration for Film and Media

“We, the undersigned parties, hereby agree that the following dispute shall be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules for Film and Media:

[brief description of the dispute]

The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration shall be [specify place]. The language to be used in the arbitral proceedings shall be [specify language]. The dispute shall be decided in accordance with the law of [specify jurisdiction].”


NOTE

The above clauses and submission agreements form part of the WIPO film and media dispute resolution scheme: WIPO Mediation and Expedited Arbitration for Film and Media. They refer to particularly time and cost-efficient procedures specifically tailored to the needs of parties in most film and media disputes.

However, the WIPO Center recognizes that in certain complex film and media disputes, the parties may prefer to choose the clauses and submission agreements that refer to the standard WIPO Arbitration Rules. The standard WIPO Arbitration Rules provide for longer timelines and the possibility of appointing a three-member arbitral tribunal. Where the parties in a film and media dispute have opted for standard WIPO Arbitration, the WIPO Center still makes available its WIPO List of Arbitrators for Film and Media from which the parties can select arbitrators. However, in light of the application of the standard WIPO Arbitration Rules, the standard Schedule of Fees applies in such cases.

Explore WIPO