WIPO Arbitration Rules
Effective from October 1, 1994

Chapter III - Composition and Establishment of the Tribunal

Truncated Tribunal

153

Article 35

154

(a) If an arbitrator on a three-person Tribunal, though duly notified and without good cause, fails to participate in the work of the Tribunal, the two other arbitrators shall, unless a party has made an application under Article 32, have the power in their sole discretion to continue the arbitration and to make any award, order or other decision, notwithstanding the failure of the third arbitrator to participate. In determining whether to continue the arbitration or to render any award, order or other decision without the participation of an arbitrator, the two other arbitrators shall take into account the stage of the arbitration, the reason, if any, expressed by the third arbitrator for such nonparticipation, and such other matters as they consider appropriate in the circumstances of the case.

155

(b) In the event that the two other arbitrators determine not to continue the arbitration without the participation of a third arbitrator, the Center shall, on proof satisfactory to it of the failure of the arbitrator to participate in the work of the Tribunal, declare the office vacant, and a substitute arbitrator shall be appointed by the Center in the exercise of the discretion defined in Article 33, unless the parties agree otherwise.

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