About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight

Time- and Cost-Efficient Dispute Resolution Options for Members of Swiss Distribution

Swiss Distribution-WIPO Collaboration

Although franchising and related licensing disputes can be brought before national courts, litigation is not always well equipped to take account of the particularities of this type of disputes because the issues are often complex and require specialized expertise. Alternative dispute resolution procedures (ADR) can be particularly advantageous to resolve such disputes out of court, especially contractual disputes involving parties from different jurisdictions.

Swiss Distribution – Licensing Franchising Agency (Swiss Distribution) and the WIPO Arbitration and Mediation Center (WIPO Center) have established a collaboration to raise awareness of ADR options available to stakeholders in the franchising and licensing areas. Swiss Distribution members enjoy special rates when using the WIPO Center dispute resolution services.

WIPO Arbitration and Mediation Center

With offices in Geneva, Switzerland and in Singapore, the WIPO Center is a neutral, international and non-profit dispute resolution provider that offers ADR options, in particular mediation and arbitration, to enable private parties to efficiently settle their domestic or cross-border IP disputes. WIPO ADR procedures are organized to stimulate positive opportunities for party settlement. Almost 70% of the mediation procedures administered by the WIPO Center have been settled. Even in arbitration, 40% of WIPO cases settle before any formal decision is issued.

WIPO Rules and Neutrals

WIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination Rules are generally suitable for all commercial disputes, and additionally feature provisions to address specific needs in IP and related commercial disputes, namely provisions on confidentiality and technical evidence. Parties can draw upon a database of over 2,000 independent WIPO arbitrators, mediators and experts from about a hundred jurisdictions, including Switzerland. WIPO’s database covers expertise in a wide range of IP-related areas, including franchising.

WIPO Model Clauses

Referral to WIPO dispute resolution procedures is consensual. To facilitate such party agreement, the WIPO Center provides recommended contract clauses and submission agreements. WIPO experience shows that the most frequently used WIPO ADR model clause is “Mediation Followed, in the Absence of a Settlement, by (Expedited) Arbitration”, as follows:

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

If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within [60][90] days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO [Expedited] Arbitration Rules. Alternatively, if, before the expiration of the said period of [60][90] days, either party fails to participate or to continue to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the WIPO [Expedited] Arbitration Rules. [The arbitral tribunal shall consist of [a sole arbitrator][three arbitrators].]* The place of arbitration shall be [specify place]. The language to be used in the arbitral proceedings shall be [specify language]. The dispute, controversy or claim referred to arbitration shall be decided in accordance with the law of [specify jurisdiction]." (* The WIPO Expedited Arbitration Rules provide that the arbitral tribunal shall consist of a sole arbitrator.)

Reduced Fees for Swiss Distribution Members

The costs of ADR procedures depend on different factors, including the amount in dispute and the complexity of the case. In all cases, the WIPO Center believes that ADR should be cost-effective. In consultation with parties and neutrals, the WIPO Center ensures that fees charged in WIPO ADR procedures are appropriate to the circumstances of the dispute. In cases where one or more party(ies) is (are) Swiss Distribution Member(s), a 10% reduction on the Center’s and the neutrals’ fees applies.

Further Information

WIPO Arbitration and Mediation Center
34, chemin des Colombettes
1211 Geneva 20
Switzerland
T +4122 338 8247 or 0800 888 549
F +4122 740 3700 or 0800 888 550
E arbiter.mail@wipo.int
W www.wipo.int/amc