WIPO updates its mediation and arbitration rules | Practical Law

WIPO updates its mediation and arbitration rules | Practical Law

The WIPO Arbitration and Mediation Centre has updated its mediation, (expedited) arbitration and expert determination rules, which come into force on 1 June 2014.

WIPO updates its mediation and arbitration rules

Practical Law UK Legal Update 9-560-2548 (Approx. 3 pages)

WIPO updates its mediation and arbitration rules

by Practical Law IP&IT
Published on 10 Mar 2014International
The WIPO Arbitration and Mediation Centre has updated its mediation, (expedited) arbitration and expert determination rules, which come into force on 1 June 2014.
The WIPO Arbitration and Mediation Centre has updated its mediation, (expedited) arbitration and expert determination rules, which will come into force on 1 June 2014. The rules were first promulgated in 1994 and last updated in 2002. WIPO explains that the 2014 revision is generally light-touch, focusing on taking into account external developments in arbitration law and providing guidance to parties on the practice of the centre that has emerged over the years. It includes new provisions on the joinder of additional parties to proceedings and a new power allowing the centre to consolidate a new arbitration with pending proceedings. The rules also now make it mandatory for a preparatory conference to take place within 30 days of the establishment of the tribunal.
The new rules introduce an emergency relief procedure prior to the establishment of the tribunal; unless the parties agree otherwise, this procedure will only apply to arbitration agreements entered into on or after 1 June 2014. Although the new rules do not set out a strict timetable for the emergency arbitrator to order an interim measure, the emergency arbitrator is requested to conduct the proceedings in an appropriate manner, taking due account of the urgency of the proceedings. The applicant must commence the substantive proceedings within 30 days of the commencement of the emergency relief proceedings.