In January 1995 the World Intellectual Property Organization (WIPO) and the Swiss Arbitration Association sponsored a conference on rules for institutional arbitration and mediation. Two hundred and thirty persons from 32 countries attended the conference. The proceedings of the Geneva conference have now been published by WIPO (WIPO Publication No. 741(E)). Practitioners interested in arbitration of intellectual property disputes will find the volume invaluable.
The June 1996 ITA Workshop will explore the WIPO rules in a program on "High-Tech Disputes." Francis Gurry, Director of tthe WIPO Arbitration Center, will participate in the Workshop. Readers who plan to attend the workshop would find it useful to consult the WIPO publication.
The WIPO rules in comparative perspective
The 1995 conference was an opportunity to present the newly-adopted WIPO rules in comparative perspective. The distinguished speakers and panelists presented papers on familiar issues: commencement of arbitral proceedings, constituting the arbitral tribunal, arbitral proceedings under institutional rules, the aribtral decision, and fees and costs. Several papers, however, explored innovations incorporated in the WIPO rules. Jan Paulsson and Albert Jan van den Berg, for example, comment on WIPO's fast-track arbitration rules, while Marc Blessing analyzes the WIPO mediation rules. Short commentaries and a summary of discussion are also reproduced.
In addition to the papers and commentaries, the proceedings also set out in annexes the three sets of WIPO rules adopted by the Organization in October, 1994. These include the WIPO Mediation Rules, the WIPO Arbitration Rules, and the WIPO Expedited Arbitration Rules. A fourth annex reproduces recommended WIPO contract clauses and submission agreements.
For a brief analysis of the draft WIPO rules, see News & Notes (Jan. 1994) at page 1.
It should be noted that the speakers included several members of the ITA Advisory Board: Gerald Aksen and Eric Schwartz. Jan Paulsson, a co-organizer of the 1996 ITA Workshop, also spoke.
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