Article 52

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(a) For the purposes of this Article, confidential information shall mean any information, regardless of the medium in which it is expressed, which is

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(i) in the possession of a party,

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(ii) not accessible to the public,

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(iii) of commercial, financial or industrial significance, and

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(iv) treated as confidential by the party possessing it.

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(b) A party invoking the confidentiality of any information it wishes or is required to submit in the arbitration, including to an expert appointed by the Tribunal, shall make an application to have the information classified as confidential by notice to the Tribunal, with a copy to the other party. Without disclosing the substance of the information, the party shall give in the notice the reasons for which it considers the information confidential.

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(c) The Tribunal shall determine whether the information is to be classified as confidential and of such a nature that the absence of special measures of protection in the proceedings would be likely to cause serious harm to the party invoking its confidentiality. If the Tribunal so determines, it shall decide under which conditions and to whom the confidential information may in part or in whole be disclosed and shall require any person to whom the confidential information is to be disclosed to sign an appropriate confidentiality undertaking.

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(d) In exceptional circumstances, in lieu of itself determining whether the information is to be classified as confidential and of such nature that the absence of special measures of protection in the proceedings would be likely to cause serious harm to the party invoking its confidentiality, the Tribunal may, at the request of a party or on its own motion and after consultation with the parties, designate a confidentiality advisor who will determine whether the information is to be so classified, and, if so, decide under which conditions and to whom it may in part or in whole be disclosed. Any such confidentiality advisor shall be required to sign an appropriate confidentiality undertaking.

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(e) The Tribunal may also, at the request of a party or on its own motion, appoint the confidentiality advisor as an expert in accordance with Article 55 in order to report to it, on the basis of the confidential information, on specific issues designated by the Tribunal without disclosing the confidential information either to the party from whom the confidential information does not originate or to the Tribunal.

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