WIPO Arbitration Rules
Effective from October 1, 1994

Chapter IV - Conduct of the Arbitration

Witnesses

244

Article 54

245

(a) Before any hearing, the Tribunal may require either party to give notice of the identity of witnesses it wishes to call, as well as of the subject matter of their testimony and its relevance to the issues.

246

(b) The Tribunal has discretion, on the grounds of redundance and irrelevance, to limit or refuse the appearance of any witness, whether witness of fact or expert witness.

247

(c) Any witness who gives oral evidence may be questioned, under the control of the Tribunal, by each of the parties. The Tribunal may put questions at any stage of the examination of the witnesses.

248

(d) The testimony of witnesses may, either at the choice of a party or as directed by the Tribunal, be submitted in written form, whether by way of signed statements, sworn affidavits or otherwise, in which case the Tribunal may make the admissibility of the testimony conditional upon the witnesses being made available for oral testimony.

249

(e) A party shall be responsible for the practical arrangements, cost and availability of any witness it calls.

250

(f) The Tribunal shall determine whether any witness shall retire during any part of the proceedings, particularly during the testimony of other witnesses.

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