The main purpose of the guidelines is to provide:
- Stakeholders in the ASP industry with an insight into the use and benefits of conflict management procedures, especially under the WIPO Arbitration, Expedited Arbitration and Mediation Rules.
- ASPs and their partners with practical and applicable information that will enable them to introduce conflict management procedures within their organizations and into their contracts, and to take advantage of conflict management processes when disputes arise.
- Lawyers, judges, arbitrators and other "alternative dispute resolution" experts not familiar with the ASP industry with an insight into the structure, relationships and likely areas of dispute in the ASP supply chain.
View and print in PDF (576 KB) 
TABLE OF CONTENTS
Acknowledgments
User's Guide
Executive Summary
Introduction
Section I: An ASP Industry Primer
Section II: ASP Supply Chain Disputes
Section III: Dispute Resolution Best Practices and Guidelines
A. Dispute Resolution Methods
1. Litigation
2. Alternatives to Litigation
a. Advantages
b. Disadvantages
c. Commonly Used ADR Techniques
(i) Negotiation
(ii) Mediation
(iii) Arbitration
Section IV: Drafting Guidelines for Dispute Resolution Clauses in ASP Supply Chain Contract
A. Pre-Dispute or Submission Clause
B. Ad Hoc or Institutional Procedures
C. Complexity of Clause/Procedure
D. Scope of Clause
E. Number of Decisionmakers
F. Specifying the Identity or Qualifications of the Neutrals
G. Place of the Dispute Resolution Procedure
H. Language of the Proceedings
I. Applicable Law
J. Optional Clauses
1. Scope of Relief
2. Third Parties
3. Continued Performance
4. Discovery
5. Effect of Award
Section V: Dispute Avoidance Best Practices and Guidelines
A. Operational Best Practices
1. General Guidelines
2. Problem Identification Systems
3. Customer Care/Helpdesk and Escalation Procedures
B. Service Level Agreements
1. A Primer on Service Level Agreements
2. SLA Terms and Conditions
a. Network SLA
b. Hosting SLA
c. Application SLA
C. Relationship Management
D. Insurance Protection
A. WIPO Dispute Resolution Clauses
B. Model Problem Resolution Clause
C. WIPO Mediation Rules
D. WIPO Arbitration Rules
E. WIPO Expedited Arbitration Rules
F. WIPO Arbitration and Mediation Center Schedule of Fees and Costs
G. Examples of ASP Supply Chain Disputes
H. Other ADR Processes