WIPO Arbitration Rules
Effective from October 1, 1994

Chapter III - Composition and Establishment of the Tribunal

Pleas as to the Jurisdiction of the Tribunal

157

Article 36

158

(a) The Tribunal shall have the power to hear and determine objections to its own jurisdiction, including any objections with respect to form, existence, validity or scope of the Arbitration Agreement examined pursuant to Article 59(b).

159

(b) The Tribunal shall have the power to determine the existence or validity of any contract of which the Arbitration Agreement forms part or to which it relates.

160

(c) A plea that the Tribunal does not have jurisdiction shall be raised not later than in the Statement of Defense or, with respect to a counter-claim or a set-off, the Statement of Defense thereto, failing which any such plea shall be barred in the subsequent arbitral proceedings or before any court. A plea that the Tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The Tribunal may, in either case, admit a later plea if it considers the delay justified.

161

(d) The Tribunal may rule on a plea referred to in paragraph (c) as a preliminary question or, in its sole discretion, decide on such a plea in the final award.

162

(e) A plea that the Tribunal lacks jurisdiction shall not preclude the Center from administering the arbitration.

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