Article 19

(a) If a party has failed to appoint an arbitrator as required under Articles 15, 17 or 18, the Center shall, in lieu of that party, forthwith make the appointment.

100

(b) If the sole or presiding arbitrator has not been appointed as required under Articles 15, 16, 17 or 18, the appointment shall take place in accordance with the following procedure:

101

(i) The Center shall send to each party an identical list of candidates. The list shall comprise the names of at least three candidates in alphabetical order. The list shall include or be accompanied by a brief statement of each candidate's qualifications. If the parties have agreed on any particular qualifications, the list shall contain only the names of candidates satisfy those qualifications.

102

(ii) Each party shall have the right to delete the name of any candidate or candidates to whose appointment it objects and shall number any remaining candidates in order of preference.

103

(iii) Each party shall return the marked list to the Center within 20 days after the date on which the list is received by it. Any party failing to return a marked list within that period of time shall be deemed to have assented to all candidates appearing on the list.

104

(iv) As soon as possible after receipt by it of the lists from the parties, or failing this, after the expiration of the period of time specified in the previous sub-paragraph, the Center shall, taking into account the preferences and objections expressed by the parties, invite a person from the list to be the sole or presiding arbitrator.

105

(v) If the lists which have been returned do not show a person who is acceptable as arbitrator to both parties, the Center shall be authorized to appoint the sole or presiding arbitrator. The Center shall similarly be authorized to do so if a person is not able or does not wish to accept the Center's invitation to be the sole or presiding arbitrator, or if there appear to be other reasons precluding that person from being the sole or presiding arbitrator, and there does not remain on the lists a person who is acceptable as arbitrator to both parties.

106

(c) Notwithstanding the provisions of paragraph (b), the Center shall be authorized to appoint the sole or presiding arbitrator if it determines in its discretion that the procedure described in that paragraph is not appropriate for the case.

WIPO Arbitration Rules Effective from October 1, 1994

Chapter I - General Provisions

Abbreviated Expressions

Scope of Application of Rules

Notices, Periods of Time

Documents Required to Be Submitted to the Center

Chapter II - Commencement of the Arbitration

Request for Arbitration

Answer to the Request

Representation

Chapter III - Composition and Establishment of the Tribunal

Number of Arbitrators

Appointment Pursuant to Procedure Agreed Upon by the Parties

Appointment of a Sole Arbitrator

Appointment of Three Arbitrators

Appointment of Three Arbitrators in Case of Multiple Claimants or Respondents

Default Appointment

Nationality of Arbitrators

Communication Between Parties and Candidates for Appointment as Arbitrator

Impartiality and Independence

Availability, Acceptance and Notification

Challenge of Arbitrators

Release from Appointment

Replacement of an Arbitrator

Truncated Tribunal

Pleas as to the Jurisdiction of the Tribunal

Chapter IV - Conduct of the Arbitration

Transmission of the File to the Tribunal

General Powers of the Tribunal

Place of Arbitration

Language of Arbitration

Statement of Claim

Statement of Defense

Further Written Statements

Amendments to Claims or Defense

Communication Between Parties and Tribunal

Interim Measures of Protection; Security for Claims and Costs

Preparatory Conference

Evidence

Experiments

Site Visits

Agreed Primers and Models

Disclosure of Trade Secrets and Other Confidential Information

Hearings

Witnesses

Experts Appointed by the Tribunal

Default

Closure of Proceedings

Waiver

Chapter V - Awards and other Decisions

Laws Applicable to the Substance of the Dispute, the Arbitration and the Arbitration Agreement

Currency and Interest

Decision-Making

Form and Notification of Awards

Time Period for Delivery of the Final Award

Effect of Award

Settlement or Other Grounds for Termination

Correction of the Award and Additional Award

Chapter VI - Fees and Costs

Fees of the Center

Fees of the Arbitrators

Deposits

Award of Costs of Arbitration

Award of Costs Incurred by a Party

Chapter VII - Confidentiality

Confidentiality of the Existence of the Arbitration

Confidentiality of Disclosures Made During the Arbitration

Confidentiality of the Award

Maintenance of Confidentiality by the Center and Arbitrator

Chapter VIII - Miscellaneous

Exclusion of Liability

Waiver of Defamation

WIPO Arbitration Rules
Effective from October 1, 1994