Case Filing Guidelines

How to submit a Request for WIPO Arbitration?

A WIPO arbitration is commenced by the Claimant submitting a Request for Arbitration in writing to the WIPO Arbitration and Mediation Center.

  1. A demand that the dispute be referred to arbitration under the WIPO Arbitration Rules
  2. the names and full communication details of the parties and their representatives
  3. a copy of the arbitration agreement and, if applicable, any separate choice-of-law clause
  4. a brief description of the nature and circumstances of the dispute, including an indication of the rights and property involved and the nature of any technology involved
  5. a statement of the relief sought and an indication, to the extent possible, of any amount claimed
  6. any requests or observations relating to the appointment of the Tribunal, including the number of arbitrators and the arbitrator’s expected qualifications

    (WIPO Arbitration Rules, Articles 6-10)

The Statement of Claim may accompany the Request for Arbitration or may be submitted within 30 days after receipt of notification from the WIPO Center of the establishment of the Tribunal. The Statement of Claim should containa comprehensive statement of the facts and legal arguments supporting the claim, including a statement of the relief sought, and should be accompanied by the documentary evidence upon which the Claiment relied. (WIPO Arbitration Rules, Articles 10, 41)

  • The Request for Arbitration should be sent by expedited postal or courier service or by e-mail to:
  1. WIPO Arbitration and Mediation Center (Geneva)
    34, chemin des Colombettes
    1211 Geneva 20
    Switzerland
    T +4122 338 8247
    F +4122 740 3700
    E arbiter.mail@wipo.int

    The WIPO Center recommends that, where appropriate, the Request for Arbitration is submitted in hardcopy, as well as by e-mail. The submission in hardcopy to the WIPO Center should be sent in a number of copies sufficient to provide one copy for each envisaged arbitrator and one for the WIPO Center. (WIPO Arbitration Rules, Article 5(b))
  2. The Respondent (WIPO Arbitration Rules, Articles 5a, 6)
  • Alternatively, the Request for Arbitration may be submitted online using the WIPO IP Portal form. Upon submission, a copy of the Request for Arbitration will be sent to the Respondent(s).
  • The Claimant should pay the registration fee to the WIPO Center as required by Article 69 of the WIPO Arbitration Rules and the WIPO Center's Schedule of Fees and Costs. The WIPO Center recommends that the Claimant refers to such payment when submitting the Request for Arbitration to the WIPO Center.
  • The fee paid will be considered in any accounting and apportionment of fees and deposits received from the parties. (WIPO Arbitration Rules, Article 73)
  • The Claimant may indicate in the Request for Arbitration whether it proposes to use the WIPO eADR in the arbitration proceedings. WIPO eADR may be used by party agreement.

Upon receipt of the Request for Arbitration, the WIPO Center shall inform the parties in writing of the receipt by it of such Request and of the date of commencement of the arbitration. (WIPO Arbitration Rules, Article 8)

How to submit an Answer to the Request for WIPO Arbitration?

Within 30 days from the date on which the Respondent receives the Request for Arbitration from the Claimant, the Respondent should submit in writing an Answer to the Request.

  1. comments on any of the elements in the Request for Arbitration
  2. may include indications of any counter-claim or set-off (WIPO Arbitration Rules, Article 11)

If the Claimant has filed a Statement of Claim with the Request for Arbitration, the Answer to the Request may also be accompanied by the Statement of Defense. The Statement of Defense should reply to the particulars of the Statement of Claim and be accompanied by the corresponding documentary evidence. Any counter-claim or set-off by the Respondent should be made or asserted in the Statement of Defense. (It may be submitted at a later stage in the arbitral proceedings if so determined by the Tribunal) (WIPO Arbitration Rules, Articles 12, 42)

  • The Answer to the Request should be sent by expedited postal or courier service or by e-mail to:
  1. WIPO Arbitration and Mediation Center
    34 chemin des Colombettes
    1211 Geneva 20
    Switzerland
    Tel.: (+41 22) 338 8247
    Fax: (+41 22) 740 3700
    arbiter.mail@wipo.int

    The WIPO Center recommends that, where appropriate, the Answer to the Request is submitted in hardcopy as well as by e-mail. The submission in hardcopy to the WIPO Center should be sent in a number of copies sufficient to provide one copy for each envisaged arbitrator and one for the WIPO Center. (WIPO Arbitration Rules, Article 5(b))
  2. The Claimant (WIPO Arbitration Rules, Articles 5(a), 11)
  3. The Tribunal, if established prior to the deadline for submitting the Answer to the Request (WIPO Arbitration Rules, Article 5(c))
  • If the Answer to the Request includes a counter-claim, the Respondent should pay the registration fee to the WIPO Center as required by Article 69 of the WIPO Arbitration Rules and the WIPO Center's Schedule of Fees and Costs. The WIPO Center recommends that, in such event, the Respondent make mention of such payment when submitting the Answer to the Request to the WIPO Center.
  • The fee paid will be considered in any accounting and apportionment of fees and deposits received from the parties. (WIPO Arbitration Rules, Article 73).
  • The Respondent may indicate in the Answer to the Request whether it proposes to use the WIPO eADR in the arbitration proceedings. WIPO eADR may be used by party agreement.

How to submit a Request for WIPO Expedited Arbitration?

A WIPO expedited arbitration is commenced by the Claimant submitting a Request for Expedited Arbitration in writing to the WIPO Arbitration and Mediation Center.

  1. a demand that the dispute be referred to arbitration under the WIPO Expedited Arbitration Rules
  2. the names and full communication details of the parties and their representatives
  3. a copy of the arbitration agreement and, if applicable, any separate choice-of-law clause
  4. any requests or observations relating to the appointment of the Tribunal, including the arbitrator's expected qualifications

    (WIPO Expedited Arbitration Rules, Articles 6-10)
  • The Request for Expedited Arbitration should be accompanied by the Statement of Claim, which should contain:
  1. a comprehensive statement of the facts and legal arguments supporting the claim
  2. a statement of the relief sought
  3. the documentary evidence upon which the Claimant relies, together with a schedule of such documents

    (WIPO Expedited Arbitration Rules, Article 35)
  • The Request for Expedited Arbitration and the Statement of Claim should be sent by expedited postal or courier service or by e-mail to:
  1. WIPO Arbitration and Mediation Center
    34 chemin des Colombettes
    1211 Geneva 20
    Switzerland
    Tel.: (+41 22) 338 8247
    Fax: (+41 22) 740 3700
    arbiter.mail@wipo.int

    The WIPO Center recommends that, where appropriate, the Request for Expedited Arbitrationis submitted in hardcopy as well as by e-mail. The submission in hardcopy to the WIPO Center should be sent in a number of copies sufficient to provide one copy for each envisaged arbitrator and one for the WIPO Center. (WIPO Expedited Arbitration Rules, Articles 10, 41)
  2. The Respondent (WIPO Expedited Arbitration Rules, Articles 5(a), 6)
  • Alternatively, the Request for Expedited Arbitration may be submitted online using the WIPO IP Portal form. Upon submission, a copy of the Request for Expedited Arbitration will be sent to the Respondent(s).
  • The Claimant should pay the registration fee to the WIPO Center as required by Article 62 of the WIPO Expedited Arbitration Rules and the Schedule of Fees and Costs. The WIPO Center recommends that the Claimant make mention of such payment when submitting the Request for Expedited Arbitration to the WIPO Center.
  • The fee paid will be considered in any accounting and apportionment of fees and deposits received from the parties. (WIPO Expedited Arbitration Rules, Article 66).
  • The Claimant may indicate in the Request for Expedited Arbitration whether it proposes to use the WIPO eADR in the arbitration proceedings. WIPO eADR may be used by party agreement.

Upon receipt of the Request for Expedited Arbitration and the Statement of Claim, the WIPO Center shall inform the parties in writing of the receipt by it of such Request and Statement of Claim, and the date of commencement of the arbitration. (WIPO Expedited Arbitration Rules, Article 8)

How to Submit an Answer to the WIPO Request for Expedited Arbitration?

  1. comments on any of the elements in the Request for Expedtied Arbitration
  2. may include indications of any counter-claim or set-off

    (WIPO Expedited Arbitration Rules, Article 11)
  • The Answer to the Request should be accompanied by the Statement of Defense, which:
  1. should reply to the particulars of the Statement of Claim
  2. should be accompanied by the corresponding documentary evidence
  3. may include any counter-claim or set-off (Any counter-claim or set-off may be submitted at a later stage in the arbitral proceedings if so determined by the Tribunal)

    (WIPO Expedited Arbitration Rules, Articles 12, 36)
  • The Answer to the Request and the Statement of Defense should be sent by expedited postal or courier service or by e-mail to:
  1. WIPO Arbitration and Mediation Center
    34 chemin des Colombettes
    1211 Geneva 20
    Switzerland
    Tel.: (+41 22) 338 8247
    Fax: (+41 22) 740 3700
    arbiter.mail@wipo.int

    The WIPO Center recommends that, where appropriate, the Answer to the Request is submitted in hardcopy as well as by e-mail. The submission in hardcopy to the WIPO Center should be sent in a number of copies sufficient to provide one copy for each envisaged arbitrator and one for the WIPO Center. (WIPO Expedited Arbitration Rules, Article 5(b))
  2. The Claimant (WIPO Expedited Arbitration Rules, Articles 5(a), 11)
  3. The Tribunal, if established prior to the deadline for submitting the Answer to the Request (WIPO Expedited Arbitration Rules, Article 5(c))

Confidentiality and Protection of Personal Data

  • The existence of an arbitration, of disclosures made during an arbitration, and of the award, is subject to confidentiality pursuant to Articles 75 to 78 of the WIPO Arbitration Rules / Articles 68 to 71 of the WIPO Expedited Arbitration Rules.
  • “Personal data” means any information relating to an identified or identifiable individual. The WIPO Center collects, processes and stores personal data of arbitral participants only to the extent necessary for the administration of proceedings under the WIPO Arbitration and WIPO Expedited Arbitration Rules. Personal data processed by the WIPO Center are not used for any other purposes.
  • In this connection, the parties shall comply with data protection laws, if and to the extent they are applicable, and ensure that arbitral participants nominated by them, including representatives, witnesses and party-appointed experts, accept that their personal data may be collected, processed and stored for the purposes of an arbitration under the WIPO Rules. The WIPO Center will encourage the Tribunal to raise with the parties the protection of personal data in the arbitration as appropriate.