World Intellectual Property Organization

WIPO Mediation and Expedited Arbitration Rules for Film and Media

Please note that new Mediation and Expedited Arbitration Rules for Film and Media will become effective on September 1, 2014

(Effective from November 11, 2009)

Introduction

The World Intellectual Property Organization (WIPO) is an international organization, dedicated to developing a balanced and accessible international intellectual property system. As part of its activities, WIPO provides, through its Arbitration and Mediation Center, efficient dispute resolution services for intellectual property related disputes.

Film and media transactions may give rise to a variety of international and domestic disputes, relating to issues such as copyright, ownership issues, distribution, financing and funding, co-production, joint-venture, development agreements, licensing, music synchronization agreements, completion-bond agreements, broadcasting agreements, artist and employer conflicts, privacy issues, personality rights, distribution of royalties, merchandising, new media agreements, artist and talent agreements, insurance agreements, laboratory-access agreements, sponsorship, confidentiality and non-disclosure agreements.

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.

These types of transactions require time and cost efficient dispute resolution. The questions arising in these disputes demand special legal expertise, as well as knowledge of the concerned industry and market. Mediation and arbitration can provide an efficient alternative to court litigation. Independent neutrals, such as mediators, arbitrators and experts, can assist parties in conflict with their experience in the film and media sector and their legal know-how.

Against this background, the WIPO Mediation and Expedited Arbitration Rules for Film and Media have been developed, as well as special model contract clauses and submission agreements. Created in consultation with industry experts from different jurisdictions, these rules are specifically tailored to resolve potential disputes in the film and media sectors.

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. These rules are based on the standard WIPO Mediation Rules and the WIPO Expedited Arbitration Rules modified in order to take account of the particular needs of users in the media and film sectors, as follows:

(i) The Center maintains and publishes a separate international list of neutrals, including mediators, arbitrators (and experts where required), with knowledge of areas of dispute resolution in the film and media sectors.

(ii) Unless the parties have agreed on the person of the neutral or on another appointment procedure, the Center will normally provide the parties with a list containing the names of specialized mediators and arbitrators in the film and media sector with relevant expertise for that particular dispute, so that the Center can make the appointment taking into account the preferences indicated by the parties.

(iii) The time limits applying to the various stages of the proceedings have been shortened in order to further expedite the dispute resolution process chosen by the parties.

(iv) The administration fee and the mediator's and arbitrator's fees have been reduced in order to adequately adapt the applicable Schedule of Fees and Costs to the typical features of disputes in the media and film sectors.

The parties in cases under the WIPO Mediation and Expedited Arbitration Rules for Film and Media may choose to use the WIPO Electronic Case Facility (WIPO ECAF) which allows parties and all other actors in a case to file submissions electronically in order to facilitate communication. In all respects, the WIPO Arbitration and Mediation Center has a strong commitment to the efficiency of its procedures.

WIPO Mediation and Expedited Arbitration for Film and Media are 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, users in the film and media sector may prefer to choose 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 special 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.


WIPO Mediation Rules for Film and Media

Contents Articles
Abbreviated Expressions 1
Scope of Application of Rules 2
Commencement of the Mediation 3-5
List of Neutrals 6
Appointment of the Mediator 7
Nationality of the Mediator 8
Impartiality and Independence 9
Availability, Acceptance and Notification 10
Representation of Parties and Participation in Meetings 11
Conduct of the Mediation 12-15
Role of the Mediator 16
Confidentiality 17-20
Termination of the Mediation 21-23
Administration Fee 24
Fees of the Mediator 25
Deposits 26
Costs 27
Exclusion of Liability 28
Waiver of Defamation 29
Suspension of Running of Limitation Period under the Statute of Limitations 30

Abbreviated Expressions

Article 1

In these Rules:

"Mediation Agreement" means an agreement by the parties to submit to mediation all or certain disputes which have arisen or which may arise between them; a Mediation Agreement may be in the form of a mediation clause in a contract or in the form of a separate contract;

"Mediator" includes a sole mediator or all the mediators where more than one is appointed;

"WIPO" means the World Intellectual Property Organization;

"Center" means the WIPO Arbitration and Mediation Center;

"Mediation Rules for Film and Media" means the WIPO Mediation Rules for Film and Media.

Words used in the singular include the plural and vice versa, as the context may require.

Scope of Application of Rules

Article 2

Where a Mediation Agreement provides for mediation under the Mediation Rules for Film and Media, these Rules shall be deemed to form part of that Mediation Agreement. Unless the parties have agreed otherwise, these Rules as in effect on the date of the commencement of the mediation shall apply.

Commencement of the Mediation

Article 3

(a) A party to a Mediation Agreement that wishes to commence a mediation shall submit a Request for Mediation in writing to the Center. It shall at the same time send a copy of the Request for Mediation to the other party.

(b) The Request for Mediation shall contain or be accompanied by:

(i) the names, addresses and telephone, telefax, e-mail or other communication references of the parties to the dispute and of the representative of the party filing the Request for Mediation;

(ii) a copy of the Mediation Agreement; and

(iii) a brief statement of the nature of the dispute.

(c) Communication of the Request for Mediation may take place by any means that provide a record of the communication, including by e-mail or other online options. This applies to all other communications in writing under these Rules.

Article 4

The date of the commencement of the mediation shall be the date on which the Request for Mediation is received by the Center.

Article 5

The Center shall forthwith inform the parties in writing of the receipt by it of the Request for Mediation and of the date of the commencement of the mediation.

List of Neutrals

Article 6

(a) The Center shall maintain, in its discretion, and publish a special list of neutrals, comprising mediators, arbitrators and experts with specific knowledge in film and media disputes.

(b) Neutrals shall be appointed from that list. However, in appropriate circumstances (e.g., where the parties make such nomination), neutrals with relevant qualifications may also be appointed from outside that list.

Appointment of the Mediator

Article 7

(a) If the parties agree within seven days of the commencement of the mediation on the person of the mediator, or have agreed on another appointment procedure, the Center shall appoint any mediator so selected, after confirming the requirements of Articles 9 and 10.

(b) If the parties cannot agree within seven days of the commencement of the mediation on the person of the mediator, or have not agreed on another appointment procedure, the mediator shall be appointed in accordance with the following list procedure:

(i) The Center shall as soon as possible send to each party an identical list of candidates. The list shall comprise the names of at least three candidates in alphabetical order. The list shall include or be accompanied by a statement of each candidate's qualifications. If the parties have agreed on any particular qualifications, the list shall contain only the names of candidates that satisfy those qualifications.

(ii) Each party shall have the right to delete the name of any candidate or candidates to whose appointment it objects and shall number any remaining candidates in order of preference.

(iii) Each party shall return the marked list to the Center (without obligation to send a copy to the other party) within seven days after the date on which the list is received by it. Any party failing to return a marked list within that period of time shall be deemed to have assented to all candidates appearing on the list.

(iv) Upon receipt by it of the lists from the parties, the Center shall, taking into account the preferences and objections expressed by the parties, invite a person from the list to be the mediator.

(v) If the lists which have been returned do not show a person who is acceptable as mediator to both parties, the Center shall be authorized to appoint the mediator. The Center shall similarly be authorized to do so if a person is not able or does not wish to accept the Center's invitation to be the mediator, or if there appear to be other reasons precluding that person from being the mediator, and there does not remain on the lists a person who is acceptable as mediator to both parties.

(c) Notwithstanding the provisions of paragraph (b), the Center shall be authorized to appoint the mediator if it determines in its discretion that the procedure described in that paragraph is not appropriate for the case.

Nationality of the Mediator

Article 8

(a) An agreement of the parties concerning the nationality of the mediator shall be respected.

(b) If the parties have not agreed on the nationality of the mediator, such mediator 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.

Impartiality and Independence

Article 9

(a) The mediator shall be impartial and independent.

(b) The prospective mediator shall, before accepting appointment, disclose to the parties and the Center any circumstances that might give rise to justifiable doubt as to the mediator's impartiality or independence, or confirm in writing that no such circumstances exist.

(c) If, at any stage during the mediation, new circumstances arise that might give rise to justifiable doubt as to the mediator's impartiality or independence, the mediator shall promptly disclose such circumstances to the parties and the Center.

Availability, Acceptance and Notification

Article 10

(a) The mediator shall, by accepting appointment, be deemed to have undertaken to make available sufficient time to enable the mediation to be conducted and completed expeditiously.

(b) The prospective mediator shall accept appointment in writing and shall communicate such acceptance to the Center.

(c) The Center shall notify the parties of the appointment of the mediator.

Representation of Parties and Participation in Meetings

Article 11

(a) The parties may be represented or assisted in their meetings with the mediator.

(b) Immediately after the appointment of the mediator, the names and addresses of persons authorized to represent a party, and the names and positions of the persons who will be attending the meetings of the parties with the mediator on behalf of that party, shall be communicated by that party to the other party, the mediator and the Center.

Conduct of the Mediation

Article 12

The mediation shall be conducted in the manner agreed by the parties. If, and to the extent that, the parties have not made such agreement, the mediator shall, in accordance with these Rules, determine the manner in which the mediation shall be conducted.

Article 13

Each party shall cooperate in good faith with the mediator to advance the mediation as expeditiously as possible.

Article 14

The mediator shall be free to meet and to communicate separately with a party on the clear understanding that information given at such meetings and in such communications shall not be disclosed to the other party without the express authorization of the party giving the information.

Article 15

(a) As soon as possible after being appointed, the mediator shall, in consultation with the parties, establish a timetable for the submission by each party to the mediator and to the other party of a statement summarizing the background of the dispute, the party's interests and contentions in relation to the dispute and the present status of the dispute, together with such other information and materials as the party considers necessary for the purposes of the mediation and, in particular, to enable the issues in dispute to be identified.

(b) The mediator may at any time during the mediation suggest that a party provide such additional information or materials as the mediator deems useful.

(c) Any party may at any time submit to the mediator, for consideration by the mediator only, written information or materials which it considers to be confidential. The mediator shall not, without the written authorization of that party, disclose such information or materials to the other party.

Role of the Mediator

Article 16

(a) The mediator shall promote the settlement of the issues in dispute between the parties in any manner that the mediator believes to be appropriate, but shall have no authority to impose a settlement on the parties.

(b) Where the mediator believes that any issues in dispute between the parties are not susceptible to resolution through mediation, the mediator may propose, for the consideration of the parties, procedures or means for resolving those issues which the mediator considers are most likely, having regard to the circumstances of the dispute and any business relationship between the parties, to lead to the most efficient, least costly and most productive settlement of those issues. In particular, the mediator may so propose:

(i) an expert determination of one or more particular issues;

(ii) (expedited) arbitration; or

(iii) the submission of last offers of settlement by each party and, in the absence of a settlement through mediation, arbitration conducted on the basis of those last offers pursuant to an arbitral procedure in which the mission of the arbitral tribunal is confined to determining which of the last offers shall prevail.

Confidentiality

Article 17

No recording of any kind shall be made of any meetings of the parties with the mediator.

Article 18

Each person involved in the mediation, including, in particular, the mediator, the parties and their representatives and advisors, any independent experts and any other persons present during the meetings of the parties with the mediator, shall respect the confidentiality of the mediation and may not, unless otherwise agreed by the parties and the mediator, use or disclose to any outside party any information concerning, or obtained in the course of, the mediation. Each such person shall sign an appropriate confidentiality undertaking prior to taking part in the mediation.

 Article 19

Unless otherwise agreed by the parties, each person involved in the mediation shall, on the termination of the mediation, return, to the party providing it, any brief, document or other materials supplied by a party, without retaining any copy thereof. Any notes taken by a person concerning the meetings of the parties with the mediator shall be destroyed on the termination of the mediation.

Article 20

Unless otherwise agreed by the parties, the mediator and the parties shall not introduce as evidence or in any manner whatsoever in any judicial or arbitration proceeding:

(i) any views expressed or suggestions made by a party with respect to a possible settlement of the dispute;

(ii) any admissions made by a party in the course of the mediation;

(iii) any proposals made or views expressed by the mediator;

(iv) the fact that a party had or had not indicated willingness to accept any proposal for settlement made by the mediator or by the other party.

Termination of the Mediation

Article 21

The mediation shall be terminated:

(i) by the signing of a settlement agreement by the parties covering any or all of the issues in dispute between the parties;

(ii) by the decision of the mediator if, in the mediator's judgment, further efforts at mediation are unlikely to lead to a resolution of the dispute; or

(iii) by a written declaration of a party at any time sent to the other party, the mediator and the Center.

Article 22

(a) Upon the termination of the mediation, the mediator shall promptly send to the Center a notice in writing that the mediation is terminated and shall indicate the date on which it terminated, whether or not the mediation resulted in a settlement of the dispute and, if so, whether the settlement was full or partial. The mediator shall send to the parties a copy of the notice so addressed to the Center.

(b) The Center shall keep the said notice of the mediator confidential and shall not, without the written authorization of the parties, disclose either the existence or the result of the mediation to any person.

(c) The Center may, however, include information concerning the mediation in any aggregate statistical data that it publishes concerning its activities, provided that such information does not reveal the identity of the parties or enable the particular circumstances of the dispute to be identified.

Article 23

Unless required by a court of law or authorized in writing by the parties, the mediator shall not act in any capacity whatsoever, otherwise than as a mediator, in any pending or future proceedings, whether judicial, arbitral or otherwise, relating to the subject matter of the dispute.

Administration Fee

Article 24

(a) The Request for Mediation shall be subject to the payment to the Center of an administration fee, the amount of which shall be fixed in accordance with the Schedule of Fees applicable on the date of the Request for Mediation.

(b) The administration fee shall not be refundable.

(c) No action shall be taken by the Center on a Request for Mediation until the administration fee has been paid.

(d) If a party who has filed a Request for Mediation fails, within seven days after a reminder in writing from the Center, to pay the administration fee, it shall be deemed to have withdrawn its Request for Mediation.

Fees of the Mediator

Article 25

(a) The amount and currency of the fees of the mediator and the modalities and timing of their payment shall be fixed by the Center, after consultation with the mediator and the parties.

(b) The amount of the fees shall, unless the parties and the mediator agree otherwise, be calculated on the basis of the hourly rates set out in the Schedule of Fees applicable on the date of the Request for Mediation, taking into account the amount in dispute, the complexity of the subject matter of the dispute and any other relevant circumstances of the case.

Deposits

Article 26

(a) The Center may, at the time of the appointment of the mediator, require each party to deposit an equal amount as an advance for the costs of the mediation, including, in particular, the estimated fees of the mediator and the other expenses of the mediation. The amount of the deposit shall be determined by the Center.

(b) The Center may require the parties to make supplementary deposits.

(c) If a party fails, within seven days after a reminder in writing from the Center, to pay the required deposit, the mediation shall be deemed to be terminated. The Center shall, by notice in writing, inform the parties and the mediator accordingly and indicate the date of termination.

(d) After the termination of the mediation, the Center shall render an accounting to the parties of any deposits made and return any unexpended balance to the parties or require the payment of any amount owing from the parties.

Costs

Article 27

Unless the parties agree otherwise, the administration fee, the fees of the mediator and all other expenses of the mediation, including, in particular, the required travel expenses of the mediator and any expenses associated with obtaining expert advice, shall be borne in equal shares by the parties.

Exclusion of Liability

Article 28

Except in respect of deliberate wrongdoing, the mediator, WIPO and the Center shall not be liable to any party for any act or omission in connection with any mediation conducted under these Rules.

Waiver of Defamation

Article 29

The parties and, by accepting appointment, the mediator 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 mediation 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.

Suspension of Running of Limitation Period under the Statute of Limitations

Article 30

The parties agree that, to the extent permitted by the applicable law, the running of the limitation period under the Statute of Limitations or an equivalent law shall be suspended in relation to the dispute that is the subject of the mediation from the date of the commencement of the mediation until the date of the termination of the mediation.


WIPO Expedited Arbitration Rules for Film and Media

(Effective from November 11, 2009)

Contents Articles
I. General Provisions 1-5
Abbreviated Expressions 1
Scope of Application of Rules 2-3
Notices and Periods of Time 4
Documents Required to be Submitted to the Center 5
II. Commencement of the Arbitration 6-13
Request for Arbitration 6-10
Answer to the Request and Statement of Defense 11-12
Representation 13
III. Composition and Establishment of the Tribunal 14-30
List of Neutrals 14
Number and Appointment of Arbitrators 15
Nationality of Arbitrator 16
Communication Between Parties and Candidates
for Appointment as Arbitrator 17
Impartiality and Independence 18
Availability, Acceptance and Notification 19
Challenge of Arbitrator 20-25
Release from Appointment 26-28
Replacement of Arbitrator 29-30
Pleas as to the Jurisdiction of the Tribunal 31
IV. Conduct of the Arbitration 32-53
Transmission of the File to the Tribunal 32
General Powers of the Tribunal 33
Place of Arbitration 34
Language of Arbitration 35
Statement of Claim 36
Statement of Defense 37
Preparatory Conference 38
Further Written Statements 39
Amendments to Claims or Defense 40
Communication Between Parties and Tribunal 41
Interim Measures of Protection and Security for Claims and Costs 42
Evidence 43
Experiments 44
Site Visits 45
Agreed Primers and Models 46
Disclosure of Trade Secrets and Other Confidential Information 47
Hearings 48
Witnesses 49
Experts Appointed by the Tribunal 50
Default 51
Closure of Proceedings 52
Waiver 53
V. Awards and Other Decisions 54-60
Laws Applicable to the Substance of the Dispute, the Arbitration and the Arbitration Agreement 54
Currency and Interest 55
Form and Notification of Awards 56
Time Period for Delivery of the Final Award 57
Effect of Award 58
Settlement or Other Grounds for Termination 59
Correction of the Award and Additional Award 60
VI. Fees and Costs 61-65
Fees of the Center 61
Fees of the Arbitrator 62
Deposits 63
Award of Costs of Arbitration 64
Award of Costs Incurred by a Party 65
VII. Confidentiality 66-69
Confidentiality of the Existence of the Arbitration 66
Confidentiality of Disclosures Made During the Arbitration 67
Confidentiality of the Award 68
Maintenance of Confidentiality by the Center and Arbitrator 69
VIII. Miscellaneous 70-71
Exclusion of Liability 70
Waiver of Defamation 71

I. GENERAL PROVISIONS

Abbreviated Expressions

Article 1

In these Rules:

"Arbitration Agreement" means an agreement by the parties to submit to arbitration all or certain disputes that have arisen or that may arise between them; an Arbitration Agreement may be in the form of an arbitration clause in a contract or in the form of a separate contract;

"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 sole arbitrator; unless the parties have agreed on a three-member tribunal, in which case the standard WIPO Arbitration Rules apply;

"WIPO" means the World Intellectual Property Organization;

" Center" means the WIPO Arbitration and Mediation Center;

"Expedited Arbitration Rules for Film and Media" means the WIPO Expedited Arbitration Rules for Film and Media.

Words used in the singular include the plural and vice versa, as the context may require.

Scope of Application of Rules

Article 2

Where an Arbitration Agreement provides for arbitration under the Expedited Arbitration Rules for Film and Media, these Rules shall be deemed to form part of that Arbitration Agreement and the dispute shall be settled in accordance with these Rules, as in effect on the date of the commencement of the arbitration, unless the parties have agreed otherwise.

Article 3

(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 the parties cannot derogate, that provision shall prevail.

(b) The law applicable to the arbitration shall be determined in accordance with Article 54(b).

Notices and Periods of Time

Article 4

(a) Any notice or other communication that may or is required to be given under these Rules shall be in writing and shall be delivered by expedited postal or courier service, or transmitted by telefax, e-mail or other means of telecommunication that provide a record thereof.

(b) A party's last known residence or place of business shall be a valid address for the purpose of any notice or other communication in the absence of any notification of a change by that party. Communications may in any event be addressed to a party in the manner stipulated or, failing such a stipulation, according to the practice followed in the course of the dealings between the parties.

(c) For the purpose of determining the date of commencement of a time limit, a notice or other communication shall be deemed to have been received on the day it is delivered or, in the case of telecommunications, transmitted in accordance with paragraphs (a) and (b) of this Article.

(d) For the purpose of determining compliance with a time limit, a notice or other communication shall be deemed to have been sent, made or transmitted if it is dispatched, in accordance with paragraphs (a) and (b) of this Article, prior to or on the day of the expiration of the time limit.

(e) For the purpose of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice or other communication is received. If the last day of such period 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 that follows. Official holidays or non-business days occurring during the running of the period of time are included in calculating the period.

(f) The parties may agree to reduce or extend the periods of time referred to in Articles 11, 15, 39(a), 48(b) and 50(a).

(g) The Center may, at the request of a party or on its own motion, extend the periods of time referred to in Articles 11, 15, 39(a), 48(b), 50(a), 61(d) and 63(e).

(h) The Center may, in consultation with the parties, reduce the period of time referred to in Article 11.

Documents Required to be Submitted to the Center

Article 5

(a) Until the notification by the Center of the establishment of the Tribunal, any written statement, notice or other communication required or allowed under these Rules shall be submitted by a party to the Center and a copy thereof shall at the same time be transmitted by that party to the other party.

(b) Any written statement, notice or other communication so sent to the Center shall be sent in a number of copies equal to the number required to provide one copy for the Tribunal and one for the Center.

(c) After the notification by the Center of the establishment of the Tribunal, any written statements, notices or other communications shall be submitted by a party directly to the Tribunal and a copy thereof shall at the same time be supplied by that party to the other party.

(d) The Tribunal shall send to the Center a copy of each order or other decision that it makes.

II. COMMENCEMENT OF THE ARBITRATION

Request for Arbitration

Article 6

The Claimant shall transmit the Request for Arbitration to the Center and to the Respondent.

Article 7

The date of commencement of the arbitration shall be the date on which the Request for Arbitration, together with the Statement of Claim as required by Article 10, is received by the Center.

Article 8

The Center shall inform the Claimant and the Respondent of the receipt by it of the Request for Arbitration and Statement of Claim and of the date of the commencement of the arbitration.

Article 9

The Request for Arbitration shall contain:

(i) a demand that the dispute be referred to arbitration under the Expedited Arbitration Rules for Film and Media;

(ii) the names, addresses and telephone, telefax, e-mail or other communication references of the parties and of the representative of the Claimant;

(iii) a copy of the Arbitration Agreement and, if applicable, any separate choice-of-law clause; and

(iv) any observations that the Claimant considers useful in connection with Articles 15 and 16.

Article 10

The Request for Arbitration shall be accompanied by the Statement of Claim in conformity with Article 36(a) and (b).

Answer to the Request and Statement of Defense

Article 11

Within 20 days from the date on which the Respondent receives the Request for Arbitration and Statement of Claim from the Claimant, the Respondent shall address 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.

Article 12

The Answer to the Request shall be accompanied by the Statement of Defense in conformity with Article 37(a) and (b).

Representation

Article 13

(a) The parties may be represented by persons of their choice, irrespective of, in particular, nationality or professional qualification. The names, addresses and telephone, telefax, e-mail or other communication references of representatives shall be communicated to the Center, the other party and, after its establishment, the Tribunal.

(b) Each party shall ensure that its representatives have sufficient time available to enable the arbitration to proceed expeditiously.

(c) The parties may also be assisted by persons of their choice.

III. COMPOSITION AND ESTABLISHMENT OF THE TRIBUNAL

List of Neutrals

Article 14

(a) The Center shall maintain, in its discretion, and publish a special list of neutrals, comprising arbitrators, mediators and experts with specific knowledge in film and media disputes.

(b) Neutrals shall be appointed from that list. However, in appropriate circumstances (e.g., where the parties make such nomination), neutrals with relevant qualifications may also be appointed from outside that list.

Number and Appointment of Arbitrators

Article 15

(a) The Tribunal shall consist of a sole arbitrator.

(b) If the parties agree within seven days of the commencement of the arbitration on the person of the sole arbitrator, or have agreed on another appointment procedure, the Center shall appoint any sole arbitrator so selected, after confirming the requirements of Articles 18 and 19.

(c) If the parties cannot agree within seven days of the commencement of the arbitration on the person of the sole arbitrator, or have not agreed on another appointment procedure, the sole arbitrator shall be appointed in accordance with the following list procedure:

(i) The Center shall as soon as possible send to each party an identical list of candidates. The list shall comprise the names of at least three candidates in alphabetical order. The list shall include or be accompanied by a statement of each candidate's qualifications. If the parties have agreed on any particular qualifications, the list shall contain only the names of candidates that satisfy those qualifications.

(ii) Each party shall have the right to delete the name of any candidate or candidates to whose appointment it objects and shall number any remaining candidates in order of preference.

(iii) Each party shall return the marked list to the Center (without obligation to send a copy to the other party) within seven days after the date on which the list is received by it. Any party failing to return a marked list within that period of time shall be deemed to have assented to all candidates appearing on the list.

(iv) Upon receipt by it of the lists from the parties, 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 lists which have been returned do not show a person who is acceptable as arbitrator to both parties, the Center shall be authorized to appoint the arbitrator. The Center shall similarly be authorized to do so if a person 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 person from being the arbitrator, and there does not remain on the lists a person who is acceptable as arbitrator to both parties.

(d) Notwithstanding the provisions of paragraph (b) and (c), the Center shall be authorized to appoint the sole arbitrator if it determines in its discretion that the procedure described in that paragraph is not appropriate for the case.

Nationality of Arbitrator

Article 16

(a) An agreement of the parties concerning the nationality of the arbitrator shall be respected.

(b) If the parties have not agreed on the nationality of the arbitrator, 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

Article 17

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

Article 18

(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 in writing 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

Article 19

(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 accept appointment in writing and shall communicate such acceptance to the Center.

(c) The Center shall notify the parties of the establishment of the Tribunal.

Challenge of Arbitrator

Article 20

(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 in whose appointment it concurred, only for reasons of which it becomes aware after the appointment has been made.

Article 21

A party challenging the arbitrator shall send notice to the Center, the Tribunal and the other party, stating the reasons for the challenge, within seven days after being notified of the arbitrator's appointment or after becoming aware of the circumstances that it considers give rise to justifiable doubt as to the arbitrator's impartiality or independence.

Article 22

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, send, 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.

Article 23

The Tribunal may, in its discretion, suspend or continue the arbitral proceedings during the pendency of the challenge.

Article 24

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.

Article 25

If the other party does not agree to the challenge and the 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

Article 26

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.

Article 27

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.

Article 28

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

Article 29

(a) Whenever necessary, a substitute arbitrator shall be appointed pursuant to the procedure provided for in Article 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.

Article 30

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

Article 31

(a) The Tribunal shall have the power to hear and determine objections to its own jurisdiction, including any objections with respect to form, existence, validity or scope of the Arbitration Agreement examined pursuant to Article 54(b).

(b) The Tribunal shall have the power to determine the existence or validity of any contract of which the Arbitration Agreement forms part or to which it relates.

(c) 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 or a set-off, 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.

(d) The Tribunal may rule on a plea referred to in paragraph (c) as a preliminary question or, in its sole discretion, decide on such a plea in the final award.

(e) 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

Article 32

The Center shall transmit the file to the Tribunal as soon as it is appointed.

General Powers of the Tribunal

Article 33

(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

Article 34

(a) Unless otherwise agreed by the parties, the place of arbitration shall be decided by the Center, 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

Article 35

(a) Unless otherwise agreed by the parties, the language of the arbitration shall be the language of the Arbitration Agreement, 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 arbitration be accompanied by a translation in whole or in part into the language of arbitration.

Statement of Claim

Article 36

(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

Article 37

(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 or set-off 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 or set-off shall contain the same particulars as those specified in Article 36(a) and (b).

Preparatory Conference

Article 38

The Tribunal may conduct a preparatory conference with the parties for the purpose of organizing and scheduling the subsequent proceedings.

Further Written Statements

Article 39

(a) In the event that a counter-claim or set-off has been made or asserted, the Claimant shall reply to the particulars thereof within 20 days from the date on which the Claimant receives such counter-claim or set-off. 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

Article 40

Subject to any contrary agreement by the parties, a party may amend or supplement its claim, counter-claim, defense or set-off during the course of the arbitral proceedings, unless the Tribunal considers it inappropriate to allow such amendment 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

Article 41

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 Tribunal with respect to any matter of substance relating to the arbitration, it being understood that nothing in this paragraph shall prohibit ex parte communications that concern matters of a purely organizational nature, such as the physical facilities, place, date or time of the hearings.

Interim Measures of Protection and Security for Claims and Costs

Article 42

(a) At the request of a party, the Tribunal may issue any provisional orders or take other interim measures it deems necessary, including injunctions and measures for the conservation of assets which form part of the subject matter in dispute, such as an order for their deposit with a third person or for the sale of assets. The Tribunal may make the granting of such measures 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 65.

(c) Measures and 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 Arbitration Agreement, or deemed to be a waiver of that Agreement.

Evidence

Article 43

(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 and may order a party to make available to the Tribunal or to an expert appointed by it or to the other party any property in its possession or control for inspection or testing.

Experiments

Article 44

(a) A party may give notice to the Tribunal and to the other party at any reasonable time before a hearing that specified experiments have been conducted on which it intends to rely. The notice shall specify the purpose of the experiment, a summary of the experiment, the method employed, the results and the conclusion. The other party may by notice to the Tribunal request that any or all such experiments be repeated in its presence. If the Tribunal considers such request justified, it shall determine the timetable for the repetition of the experiments.

(b) For the purposes of this Article, "experiments" shall include tests or other processes of verification.

Site Visits

Article 45

The Tribunal may, at the request of a party or on its own motion, inspect or require the inspection of any site, property, machinery, facility, production line, model, film, material, product or process as it deems appropriate. A party may request such an inspection at any reasonable time prior to any hearing, and the Tribunal, if it grants such a request, shall determine the timing and arrangements for the inspection.

Agreed Primers and Models

Article 46

The Tribunal may, where the parties so agree, determine that they shall jointly provide:

(i) a technical primer setting out the background of the scientific, technical or other specialized information necessary to understand fully the matters in issue; and

(ii) models, drawings or other materials that the Tribunal or the parties require for reference purposes at any hearing.

Disclosure of Trade Secrets and Other Confidential Information

Article 47

(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, including to an expert appointed by the Tribunal, 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.

Hearings

Article 48

(a) 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.

(b) If a hearing is held, it shall be convened within 30 days 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 three days. Each party shall be expected to bring to the hearing such persons as necessary to adequately inform the Tribunal of the dispute.

(c) Unless the parties agree otherwise, all hearings shall be in private.

(d) The Tribunal shall determine whether and, if so, in what form a record shall be made of any hearing.

(e) 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.

Witnesses

Article 49

(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.

Experts Appointed by the Tribunal

Article 50

(a) The Tribunal may, after consultation with the parties, appoint one or more independent experts to report to it on specific issues designated by the Tribunal. A copy of the expert's terms of reference, established by the Tribunal, having regard to any observations of the parties, shall be communicated to the parties. Any such expert shall be required to sign an appropriate confidentiality undertaking. The terms of reference shall include a requirement that the expert report to the Tribunal within 30 days of receipt of the terms of reference.

(b) Subject to Article 47, upon receipt of the expert's report, the Tribunal shall communicate a copy of the report to the parties, which shall be given the opportunity to express, in writing, their opinion on the report. A party may, subject to Article 47, examine any document on which the expert has relied in such a report.

(c) At the request of a party, the parties shall be given the opportunity to question the expert at a hearing. At this hearing, the parties may present expert witnesses to testify on the points at issue.

(d) The opinion of any expert on the issue or issues submitted to the expert shall be subject to the Tribunal's power of assessment of those issues in the context of all the circumstances of the case, unless the parties have agreed that the expert's determination shall be conclusive in respect of any specific issue.

Default

Article 51

(a) If the Claimant, without showing good cause, fails to submit its Statement of Claim in accordance with Articles 10 and 36, the Center shall not be required to take any action under Article 8.

(b) If the Respondent, without showing good cause, fails to submit its Statement of Defense in accordance with Articles 11, 12 and 37, 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

Article 52

(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.

Waiver

Article 53

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, the Arbitration and the Arbitration Agreement

Article 54

(a) The Tribunal shall decide the substance of the dispute in accordance with the law or rules of law chosen by the parties. Any designation of the law of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules. Failing a choice by the parties, the Tribunal shall apply the law or rules of law that it determines to be appropriate. In all cases, the Tribunal shall decide having due regard to the terms of any relevant contract and taking into account applicable trade usages. The Tribunal may decide as amiable compositeur or ex aequo et bono only if the parties have expressly authorized it to do so.

(b) The law applicable to the arbitration shall be the arbitration law of the place of arbitration, unless the parties have expressly agreed on the application of another arbitration law and such agreement is permitted by the law of the place of arbitration.

(c) An Arbitration Agreement shall be regarded as effective if it conforms to the requirements concerning form, existence, validity and scope of either the law or rules of law applicable in accordance with paragraph (a), or the law applicable in accordance with paragraph (b).

Currency and Interest

Article 55

(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

Article 56

(a) The Tribunal may make preliminary, interim, interlocutory, partial or final awards.

(b) 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).

(c) 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.

(d) The award shall be signed by the arbitrator. Where the arbitrator fails to sign, the award shall state the reason for the absence of the signature.

(e) The Tribunal may consult the Center with regard to matters of form, particularly to ensure the enforceability of the award.

(f) The award shall be communicated by the Tribunal to the Center in a number of originals sufficient to provide one for each party, the arbitrator and the Center. The Center shall formally communicate an original of the award to each party and the arbitrator.

(g) 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

Article 57

(a) The arbitration should, wherever reasonably possible, be heard and the proceedings declared closed within not more than two months after either the delivery of the Statement of Defense or the establishment of the Tribunal, whichever event occurs later. The final award should, wherever reasonably possible, be made within one month thereafter.

(b) If the proceedings are not declared closed within the period of time specified in paragraph (a), the Tribunal shall send the Center a status report on the arbitration, with a copy to each party. It shall send a further status report to the Center, and a copy to each party, at the end of each ensuing period of one month during which the proceedings have not been declared closed.

(c) If the final award is not made within one month after the closure of the proceedings, the Tribunal shall send the Center a written explanation for the delay, with a copy to each party. It shall send a further explanation, and a copy to each party, at the end of each ensuing period of one month until the final award is made.

Effect of Award

Article 58

(a) By agreeing to arbitration under 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, insofar as such waiver may validly be made under the applicable law.

(b) The award shall be effective and binding on the parties as from the date it is communicated by the Center pursuant to Article 56(f), second sentence.

Settlement or Other Grounds for Termination

Article 59

(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 in accordance with Article 56(d) and shall be communicated by the Tribunal to the Center in a number of originals sufficient to provide one for each party, the arbitrator and the Center. The Center shall formally communicate an original of the consent award or the order for termination to each party and the arbitrator.

Correction of the Award and Additional Award

Article 60

(a) Within 30 days after receipt of the award, a party may, by notice to the Tribunal, with a copy to the Center and the other party, request the Tribunal to 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 30 days after receipt of the request. Any correction, which shall take the form of a separate memorandum, signed by the Tribunal in accordance with Article 56(d), 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 30 days after the date of the award.

(c) A party may, within 30 days after receipt of the award, by notice to the Tribunal, with a copy to the Center and the other party, request the Tribunal to 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 30 days of receipt of the request.

VI. FEES AND COSTS

Fees of the Center

Article 61

(a) The Request for Arbitration shall be subject to the payment to the Center of a non-refundable administration fee. The amount of the administration fee shall be fixed in the Schedule of Fees applicable on the date on which the Request for Arbitration is received by the Center.

(b) Any counter-claim by a Respondent shall be subject to the payment to the Center of a non-refundable administration fee. The amount of the administration fee shall be fixed in the Schedule of Fees applicable on the date on which the Request for Arbitration was received by the Center.

(c) No action shall be taken by the Center on a Request for Arbitration or counter-claim until the administration fee has been paid.

(d) If a Claimant or Respondent fails, within seven days after a reminder in writing from the Center, to pay the administration fee, it shall be deemed to have withdrawn its Request for Arbitration or counter-claim, as the case may be.

Fees of the Arbitrator

Article 62

The amount and currency of the fees of the arbitrator and the modalities and timing of their payment shall be fixed by the Center after consultation with the arbitrator and the parties, in accordance with the Schedule of Fees applicable on the date on which the Request for Arbitration is received by the Center.

Deposits

Article 63

(a) Upon receipt of notification from the Center of the 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 64. 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 seven days after receipt of the corresponding notification, the Center shall send a reminder to the parties in order that one or other of them may make the required payment.

(d) Where the amount of the counter-claim greatly exceeds the amount of the claim or involves the examination of significantly different matters, or where it otherwise appears appropriate in the circumstances, the Center in its discretion may establish two separate deposits on account of claim and counter-claim. If separate deposits are established, the totality of the deposit on account of claim shall be paid by the Claimant and the totality of the deposit on account of counter-claim shall be paid by the Respondent.

(e) If a party fails, within seven days after the reminder referred to in paragraph (c) of this Article, to pay the required deposit, it shall be deemed to have withdrawn the relevant claim or counter-claim.

(f) 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

Article 64

(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 pursuant to these Rules; 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 63.

(c) The Tribunal shall, subject to any agreement of the parties, apportion the costs of arbitration and the administration fee 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

Article 65

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.

VII. CONFIDENTIALITY

Confidentiality of the Existence of the Arbitration

Article 66

(a) Except to the extent necessary in connection with a court challenge to the arbitration or an action for enforcement of an award, no information concerning the existence of an arbitration may be unilaterally disclosed by a party to any third party unless it is required to do so by law or by a competent regulatory body, and then only:

(i) by disclosing no more than what is legally required; and

(ii) by furnishing to the Tribunal and to the other party, if the disclosure takes place during the arbitration, or to the other party alone, if the disclosure takes place after the termination of the arbitration, details of the disclosure and an explanation of the reason for it.

(b) Notwithstanding paragraph (a), a party may disclose to a third party the names of the parties to the arbitration and the relief requested for the purpose of satisfying any obligation of good faith or candor owed to that third party.

Confidentiality of Disclosures Made During the Arbitration

Article 67

(a) In addition to any specific measures that may be available under Article 47, 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 to any third party by a party whose access to that information arises exclusively as a result of its participation in the arbitration 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

Article 68

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

Article 69

(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.

VIII. MISCELLANEOUS

Exclusion of Liability

Article 70

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

Article 71

The parties and, by accepting 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 FOR WIPO MEDIATION AND EXPEDITED ARBITRATION FOR FILM AND MEDIA

(All amounts are in United States dollars)

 

Type of Fee

Amount in Dispute

 Mediation

Expedited Arbitration

 

Administration Fee

Up to $ 2.5 M

$ 500

$ 1,000

Over $ 2.5 M

$ 1,000

$ 2,000

Mediator and/or Arbitrator Fees

 Up to $ 2.5 M

Unless the parties agree otherwise, a rate of $ 300 per hour as agreed by the Center in consultation with the parties and the mediator, capped at a maximum of $ 10,000.

Unless the parties agree otherwise, a rate of $ 300 per hour as agreed by the Center in consultation with the parties and the arbitrator, capped at a maximum of $ 20,000.

 

Over $ 2.5 M

Unless the parties agree otherwise, a rate of $ 300 per hour as agreed by the Center in consultation with the parties and the mediator, capped at a maximum of $ 20,000.

 Unless the parties agree otherwise, a rate of $ 300 per hour as agreed by the Center in consultation with the parties and the arbitrator, capped at a maximum of $ 40,000.

1. The Center may set-off all or part of the administration fees paid to it in connection with a WIPO mediation or a WIPO expert determination against the administration fees payable to the Center in connection with a WIPO expedited arbitration regarding the same dispute.

2. Prior to the appointment of the mediator or arbitrator, the Center shall fix their hourly fee rate in accordance with the applicable Schedule of Fees and in consultation with the parties and the mediator or arbitrator, taking into consideration in particular the amounts in dispute.

3. In exceptional circumstances, based on such factors as the amounts in dispute, the number of parties, the complexity of the dispute and the status and any special qualifications required of the mediator or arbitrator, and subject to the parties' agreement, the Center may propose to the parties a rate and a maximum cap for the mediator's or arbitrator's fees different from those mentioned in the applicable Schedule of Fees.

4. A mediator or arbitrator shall be required to maintain a detailed and accurate record of the work done and the time spent on the mediation or arbitration. Following the termination of the mediation or arbitration, a copy of such records shall be provided to the parties and the Center, together with the mediator or arbitrator’s invoice.

5. For the purposes of calculating the fees, the amount of claims expressed in currencies other than United States dollars shall be converted to amounts expressed in United States dollars on the basis of the official United Nations exchange rate prevailing on the date of submission of the Request for Mediation or Arbitration.

6. For the purpose of calculating the fees, the value of any counterclaim should be added to the amount of the claim.

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