WIPO Arbitration and Mediation Centre

The WIPO Arbitration and Mediation Center is the body of the World Intellectual Property Organization responsible for administering out-of-court dispute resolution procedures, particularly in intellectual property and technology matters. Established in 1994, it is based in Geneva and has an office in Singapore. It offers mediation, arbitration, expedited arbitration and expert determination, and it is the leading provider of domain name dispute resolution services.

Procedures offered

Each procedure has its own rules, which the parties adopt by a contractual clause or by a submission agreement concluded after the dispute has arisen. Mediation leads the parties, with the help of a third party, towards an agreement they remain free to reject. Arbitration results in a binding award, and its expedited version reduces the number of arbitrators and the time limits. Expert determination allows a technical or financial question, such as the scope of a claim or the amount of royalties, to be entrusted to a specialist, with whatever binding force the parties give it. A clause providing for mediation followed by arbitration is common.

Strengths and limits

A single procedure makes it possible to deal with a dispute involving rights in several countries, in the language and with the arbitrators chosen by the parties, under the seal of confidentiality. The award circulates under the 1958 New York Convention. In French law, the Intellectual Property Code expressly preserves recourse to arbitration in patent disputes, and case law accepts that an arbitrator may rule on the validity of the patent incidentally, with effect limited to the parties. Invalidation of the patent with erga omnes effect, however, remains a matter for the State courts.

Specialised uses

The Center administers the UDRP procedure for generic domain names and acts for many national domains. It also offers mediation and arbitration options tailored to disputes over FRAND licences for standard essential patents. The Agreement on a Unified Patent Court has, for its part, established a Patent Mediation and Arbitration Centre, located in Ljubljana and Lisbon, which offers an alternative route for European patents.

Key points

The WIPO Center offers a neutral and specialised framework for international technology disputes. The clause should be provided for when drafting the licence or collaboration agreement, specifying the seat, the language, the number of arbitrators and the interplay between mediation and arbitration. Also check that the intended dispute remains arbitrable, particularly where it concerns the validity of a patent.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats litigates patent disputes before the Paris Judicial Court, the Paris Court of Appeal and the Unified Patent Court. Where the question arises in a real case, the useful moment is almost always before proceedings are issued.

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