Case Filing Guidelines

Referral to WIPO arbitration or WIPO expedited arbitration is consensual. A WIPO (expedited) arbitration can only take place if both parties have agreed to such procedure by means of a WIPO (expedited) arbitration clause in the relevant contract, or by means of a WIPO (expedited) arbitration submission agreement.

How to submit a Request for WIPO Arbitration?
How to submit an Answer to the Request for WIPO Arbitration?
How to submit a Request for WIPO Expedited Arbitration?
How to submit an Answer to the Request for WIPO Expedited Arbitration?
Disclosure of Third Party Interest
Protection of Personal Data

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.

The Request for Arbitration should contain:

A demand that the dispute be referred to arbitration under the WIPO Arbitration Rules
the names and full communication details of the parties and their representatives
a copy of the arbitration agreement and, if applicable, any separate choice-of-law clause
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
a statement of the relief sought and an indication, to the extent possible, of any amount claimed
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 contain a 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 Claimant 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:

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)).
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.

The Answer to the Request should contain:

comments on any of the elements in the Request for Arbitration
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:

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)).
The Claimant (WIPO Arbitration Rules, Articles 5(a), 11).
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.

The Request for Expedited Arbitration should contain:

a demand that the dispute be referred to arbitration under the WIPO Expedited Arbitration Rules
the names and full communication details of the parties and their representatives
a copy of the arbitration agreement and, if applicable, any separate choice-of-law clause
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:

a comprehensive statement of the facts and legal arguments supporting the claim
a statement of the relief sought
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:

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 Arbitration is submitted in hardcopy as well as by e-mail. The submission in hardcopy to the WIPO Center should be sent in two copies one for the Tribunal and one for the WIPO Center. (WIPO Expedited Arbitration Rules, Article 5(b)).
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?

Within 20 days from the receipt of the Request for Expedited Arbitration, the Respondent shall address an Answer to the Request.

The Answer to the Request should contain:

comments on any of the elements in the Request for Expedtied Arbitration
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:

should reply to the particulars of the Statement of Claim
should be accompanied by the corresponding documentary evidence
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:

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 two copies, one for the Tribunal and one for the WIPO Center. (WIPO Expedited Arbitration Rules, Article 5(b)).
The Claimant (WIPO Expedited Arbitration Rules, Articles 5(a), 11).
The Tribunal, if established prior to the deadline for submitting the Answer to the Request (WIPO Expedited 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 62 of the WIPO Expedited Arbitration Rules and the Schedule of Fees and Costs. The WIPO Center recommends that the Respondent 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.

Disclosure of Third Party Interest

Pursuant to Article 22 of the WIPO Arbitration Rules/Article 17 of the WIPO Expedited Arbitration Rules, each arbitrator shall be impartial and independent and shall, before accepting appointment, disclose to the parties, the Center and any appointed arbitrator any circumstances that might give rise to justifiable doubt as to the arbitrator’s impartiality or independence.

In this connection, the Center encourages parties to disclose, in their first submissions, the identity of any third party having an interest in the outcome of the dispute, including any third party providing material support for the cost of the arbitration. If such third-party interest is established during the arbitration, parties are encouraged to promptly disclose such circumstances to the Center, the other party(ies) and any appointed arbitrator.

Protection of Personal Data

The WIPO Arbitration and Mediation Center (“WIPO Center”) provides mediation, arbitration and expert determination services under the WIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination Rules (“WIPO Rules”), and related alternative dispute resolution (ADR) services, on a not-for-profit basis.

The WIPO Center collects, processes, shares and stores personal data of mediators, arbitrators, experts, parties, their authorized representatives, fact and expert witnesses and other individuals that may be identified or identifiable in any information submitted to the WIPO Center in the context of WIPO ADR proceedings (“participants in WIPO ADR proceedings”) for the sole purpose of administering proceedings under the WIPO Rules, both during their pendency and after their conclusion, consistent with its mandate. Personal data processed by the WIPO Center will not be used for any purpose outside the WIPO Center’s mandate, without your consent.

What personal data does the WIPO Center collect?

The conduct of WIPO ADR proceedings requires that personal data is processed that relates to participants in WIPO ADR proceedings.

The WIPO Center may obtain the following personal data about participants in WIPO ADR proceedings:

names and contact details,
financial information (including banking details),
other personal data submitted to the WIPO Center in connection with WIPO ADR proceedings by participants in WIPO ADR proceedings, or available from publicly available resources.

How does the WIPO Center use your personal data?

The WIPO Center is committed to ensuring the highest level of protection of personal data. Personal data processed by the WIPO Center is handled in accordance with international best practices including the Personal Data Protection and Privacy Principles adopted by the United Nations High-Level Committee on Management at its 36th meeting in October 2018.

The processing of personal data collected by the WIPO Center is limited to what is necessary in relation to the conduct of WIPO ADR proceedings under the WIPO Rules, taking into account relevant rights and interests. Personal data is processed in accordance with confidentiality requirements in the WIPO Rules.

Appropriate physical and technical measures are implemented by the WIPO Center for both electronic and paper data to protect the security of personal data, including against or from unauthorized or accidental access, damage, or loss. WIPO ensures that its IT service providers afford appropriate protection for personal data transferred to them.

What rights do you have over your personal data?

The WIPO Center ensures a policy of transparency regarding the processing of personal data, as appropriate. Participants in WIPO ADR proceedings may have access to personal data processed by the WIPO Center and may be granted the opportunity to rectify it, object to its processing, or request its deletion, insofar as the purpose for which personal data is processed is not frustrated.

Any request in relation to the processing of personal data by the WIPO Center may be submitted by email to arbiter.mail@wipo.int, specifying the reasons of said request.