WIPO Mediation and Expedited Arbitration for Film and Media

The WIPO Mediation and Expedited Arbitration Rules for Film and Media have been specifically tailored to resolve disputes in the film and media sectors, without the need for court litigation.

Developed by the WIPO Arbitration and Mediation Center in cooperation with industry experts, these rules, as well as the special model contract clauses and submission agreements, are particularly appropriate for international film and media transactions where parties require an expedited dispute resolution process.

Areas of Dispute in the Film and Media Sectors

  • production and co-production agreements
  • joint-ventures
  • collecting societies
  • copyright related agreements
  • financing agreements
  • distribution agreements
  • broadcasting agreements
  • completion bond agreements
  • laboratory-access agreements
  • funding agreements
  • development agreements
  • licensing
  • music synchronization agreements
  • merchandising agreements
  • insurance agreements
  • artist and talent agreements
  • new media agreements
  • sponsorship agreements
  • co-ownership agreement
  • confidentiality and non-disclosure agreements
  • TV and other media formats

Potential users of the WIPO Mediation and Expedited Arbitration Rules for Film and Media include film makers, directors, actors, performers, guild and industry associations, producers, authors, screenwriters, creators, investors, financiers, film funds, performance bond companies, insurers, sales agents, entertainment, media and IP lawyers consultants and accountants, distributors, broadcasters, exhibitors, publishing houses, trade federations, collecting societies, users of creative material.

Rapid and Flexible Conflict Resolution Procedures

The WIPO Mediation and Expedited Arbitration Rules for Film and Media provide for a mediation procedure and an expedited arbitration procedure that can either be combined or used independently at the parties’ option. Taking account of the fast moving nature of the film and media sectors, the time limits applying to the various stages of the proceedings have been shortened in the Rules to expedite the dispute resolution process.

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mediation expedited

WIPO Mediation and Expedited Arbitration for Film and Media are particularly time and cost-efficient procedures tailored to the needs of parties in most film and media disputes. However, in certain complex film and media disputes, users in the film and media sector may prefer to choose the standard WIPO Arbitration Rules.

WIPO Film and Media Panel of Neutrals

Film and media disputes demand special legal expertise as well as industry and market know how. The WIPO Center makes available a special international Panel of mediators and arbitrators for appointment under these rules. The list consists of highly qualified and recognized entertainment law mediators and arbitrators from various jurisdictions.

Unless the parties have agreed on the person of the mediator or the sole arbitrator or on another appointment procedure, the WIPO Center will provide the parties with a list containing the names of specialized mediators and arbitrators with relevant expertise for the particular dispute, from which WIPO Center makes the appointment taking into account the preferences indicated by the parties.

Disputes under the WIPO Expedited Arbitration for Film and Media are decided by a sole arbitrator. If the parties prefer to have their case decided by 3 arbitrators, they can use the WIPO Arbitration Rules.

Fees and Costs

For disputes under these rules, the Center’s administration fee and the mediator’s and arbitrator’s fees have been reduced in order to adequately adapt them to the typical features of disputes in the media and film sectors.

FRAPA - WIPO Center Collaboration on Format Dispute Resolution

As of April 2010, the WIPO Center and the Format Recognition and Protection Association (FRAPA) collaborate in alternative dispute resolution in the area of TV program format disputes. Under this collaboration, the WIPO Center has taken on FRAPA's existing mediation activity and administers TV format related disputes filed under the WIPO Mediation and Expedited Arbitration Rules for Film and Media.

AGDOK – WIPO Center Collaboration

As of December 2015, the WIPO Center and the Arbeitsgemeinschaft Dokumentarfilm (AGDOK) in Germany collaborate in alternative dispute resolution concerning documentary-related disputes. Under this collaboration, the WIPO Center administers documentary-related disputes under the WIPO Mediation Rules. For disputes under this collaboration, the Center’s administration fee and the mediator’s fees have been reduced in order to adequately adapt them to the typical features of documentary-related disputes.

WIPO ECAF

The parties choosing these rules may also elect to use the WIPO Electronic Case Facility (WIPO ECAF) to facilitate case communications.

WIPO ECAF allows parties, the mediator or arbitrator in a case under the rules to file documents electronically into a secure online docket. Parties receive e-mail alerts of any such submission being made and may view and search this case file at any time. The online case file may also be used to record the fact that a submission is being made in hardcopy outside WIPO ECAF.

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World Intellectual Property Organization (WIPO)
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