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WIPO Model Dispute Resolution Board (DRB) Clause for the Resolution of Video Games and eSports Disputes

1. Referral of Disputes[1]

Any dispute or difference between the Parties arising under, out of or relating to this contract [and any related contracts [insert details]] and any subsequent amendments of this contract [and any related contracts [insert details]] shall be referred to a DRB by filing a Request[2] in accordance with the WIPO Expert Determination Rules as amended by this clause.

2. Definitions

In this clause:

“Rules” means the WIPO Expert Determination Rules

“DRB” means the Dispute Resolution Board appointed by the Parties under this contract

Words and expressions shall have the same meaning as are assigned to them in the Rules. The words “expert(s)” and “Dispute Resolution Board/DRB Member(s)” shall be used synonymously.

3. Composition of DRB[3]

The Parties agree to appoint the following to act as [sole DRB Member/ a panel of [3] DRB Members]:

[Name(s)]

4. Term of Appointment

(a) The DRB Member(s) shall serve as DRB Member(s) for [the duration of this contract] [the period starting from the date of this contract and ending on the date that is [six months] following the date of termination of this contract].

(b) The DRB Member(s) may terminate their appointment at any time by giving the Parties [three months] written notice.

(c) The Parties may agree to terminate the appointment of any DRB Member at any time with immediate effect.

(d) Where the appointment of a DRB Member is terminated in accordance with this clause, the Parties may agree to appoint a new DRB Member.

5. [Optional: Information Sharing

The Parties shall provide the DRB Member(s) with [monthly/quarterly] updates on the performance of each Party’s obligations under this contract and the DRB Member(s) shall review such updates and may request any further information the DRB Member(s) consider is necessary to enable the DRB Member(s) to remain informed on the performance of this contract.]

6. Determination [and Escalation to Arbitration]

(a) The determination made by the DRB shall be [binding/non-binding] upon the Parties, unless otherwise agreed by the Parties.

(b) [Within [30] days of the communication by the DRB of its determination to the Parties, a Party may refer the matter referred to the DRB to WIPO [Expedited] Arbitration by filing a Request for Arbitration to be finally determined in accordance with the WIPO [Expedited] Arbitration Rules. [The arbitral tribunal shall consist of [a sole arbitrator] [three arbitrators].] In making any default appointment under the WIPO [Expedited] Arbitration Rules, including proposing candidates to the Parties, the Center shall to the extent possible draw on its List of Arbitrators. The place of arbitration shall be [specify place].

7. Fees and Expenses

The fees of the DRB Member(s) shall be fixed after consultation with the DRB Member(s) and the Parties in accordance with Article 22 of the Rules.

[Optional: The Parties shall pay a [monthly/quarterly] fee of [ ] to the DRB Member(s) in consideration for remaining informed regarding the performance of this contract.[4]]

8. Communications

Unless the parties have agreed otherwise, or the Center or the DRB Members have determined otherwise, any communication relating to the DRB proceedings shall be made by email and/or through the use of WIPO eADR.[5]

9. Language

The language to be used in the DRB proceedings [and any arbitration pursuant to Section 6(b) of this clause] shall be [specify language].

Footnotes

[1] To submit an existing dispute to WIPO Expert Determination, parties may use the WIPO Expert Determination Submission Agreement.

[2] The information that needs to be provided in a Request is set out in Article 5 of the WIPO Expert Determination Rules.

[3] If a WIPO Mediator was appointed by the parties to facilitate the negotiation of the contract, and the parties consider that it would be useful to retain the mediator’s services, the same WIPO Mediator may be appointed to be a DRB Member.

[4] This may be relevant if the DRB members received information under optional clause 5 “Information Sharing”.

[5] Further information regarding WIPO eADR may be accessed here: https://www.wipo.int/amc/en/eadr/.

WIPO Model Mediation followed, in the absence of settlement, by Dispute Resolution Board (DRB) Clause for the Resolution of Video Games and eSports Disputes

I. Mediation

  1. 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.
  2. The appointment of the mediator shall take place in accordance with the procedure set out in Article 7(a) of the WIPO Mediation Rules. In proposing candidates to the Parties, the WIPO Arbitration and Mediation Center shall to the extent possible draw on its open-ended List of Experts Specialized in Video Games and eSports.
  3. The place of mediation shall be [specify place]. Mediation sessions may be held through video or audio conferencing platforms with agreement of all parties. [1] The language to be used in the mediation shall be [specify language].

II. DRB

1. Referral of Disputes

If, and to the extent that, any such dispute or difference has not been settled pursuant to the mediation within [60][90] days of the commencement of the mediation, it shall be referred to a DRB upon the filing of a Request [2] by either party in accordance with the WIPO Expert Determination Rules as amended by this clause.

2. Definitions

In this clause:

“Rules” means the WIPO Expert Determination Rules

“DRB” means the Dispute Resolution Board appointed by the Parties under this contract

Words and expressions shall have the same meanings as are assigned to them in the Rules. The words “expert(s)” and “Dispute Resolution Board/DRB Member(s)” shall be used synonymously.

3. Composition of DRB [3]

The Parties agree to appoint the following to act as [sole DRB Member/ a panel of [3] DRB Members]:

[Name(s)]

4. Term of Appointment

(a) The DRB Member(s) shall serve as DRB Member(s) for [the duration of this contract] [the period starting from the date of this contract and ending on the date that is [six months] following the date of termination of this contract].

(b) The DRB Member(s) may terminate their appointment at any time by giving the Parties [three months] written notice.

(c) The Parties may agree to terminate the appointment of any DRB Member at any time with immediate effect.

(d) Where the appointment of a DRB Member is terminated in accordance with this clause, the Parties may agree to appoint a new DRB Member.

[5. Optional: Information Sharing

The Parties shall provide the DRB Member(s) with [monthly/quarterly] updates on the performance of each Party’s obligations under this contract and the DRB Member(s) shall review such updates and may request any further information the DRB Member(s) consider is necessary to enable the DRB Member(s) to remain informed on the performance of this contract.]

6. Determination [and Escalation to Arbitration]

(a) The determination made by the DRB shall be [binding/non-binding] upon the Parties, unless otherwise agreed by the Parties.

(b) [Within [30] days of the communication by the DRB of its determination to the Parties, a Party may refer the matter referred to the DRB to WIPO [Expedited] Arbitration by filing a Request for Arbitration to be finally determined 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].

7. Fees and Expenses

The fees of the DRB Member(s) shall be fixed after consultation with the DRB Member(s) and the Parties in accordance with Article 22 of the Rules.

[Optional: The Parties shall pay a [monthly/quarterly] fee of [ ] to the DRB Member(s) in consideration for remaining informed regarding the performance of this contract. [4]]

8. Communications

Unless the parties have agreed otherwise, or the Center or the DRB Members have determined otherwise, any communication relating to the DRB proceedings shall be by email and/or through the use of WIPO eADR. [5]

9. Language

The language to be used in the DRB proceedings [and any arbitration pursuant to Section 6(b) of this clause] shall be [specify language].

Footnotes

[1] See Article 10 of the WIPO Mediation Rules and the WIPO Checklist for the Online Conduct of Mediation and Arbitration Proceedings.

[2] The information that needs to be provided in a Request are set out in Article 5 of the WIPO Expert Determination Rules.

[3] If a WIPO Mediator was appointed by the parties to facilitate the negotiation of the contract, and the parties consider that it would be useful to retain the mediator’s services, the same WIPO Mediator may be appointed to be a DRB Member. In addition, where parties have created a Joint Steering Committee, or similar committee, to oversee the performance of the contract, the parties may appoint members of such Joint Steering Committee to act as DRB Members.

[4] This may be relevant if the DRB members received information under optional clause 5 “Information Sharing”.  

[5] Further information regarding WIPO eADR may be accessed here: https://www.wipo.int/amc/en/eadr/.  

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