The execution of this agreement shall continue in the course of arbitration proceedings or other dispute settlement mechanisms in accordance with clause […]. No payment due or payable by the owner or operator may be withheld on the basis of an outstanding reference to arbitration or other dispute resolution mechanism, unless such payment is the subject of such a dispute. 5 In deciding whether one or three arbitrators should be appointed, the parties shall take into account considerations of cost and efficiency in relation to the value and complexity of the dispute. According to the WIPO Expedited Arbitration Rules, the arbitral tribunal consists of a single arbitrator. (a) the dispute under this Contract shall be referred to the arbitrators who have been appointed to rule on the dispute relating thereto. and inside (z.B. (20) In the days preceding the selection of the arbitrator, the claimant shall submit to the arbitrator and the other party a written application containing a statement of facts, disputes and remedies. Where a dispute arises out of or is related to this Agreement and the Parties do not undertake, in part or in part, to resolve the Dispute through negotiations, the Parties agree to attempt to resolve the Dispute by mediation in accordance with the Terms of Mediation set forth in the Annex to this Agreement. The following provisions shall apply to be referred to an expert between the Parties for all questions, disputes or disputes provided for in this Agreement: arbitration shall commence on the date of receipt of the notice of conciliation of the dispute.
The WIPO Center is regularly contacted in the event of a dispute in which a party wishes to mediate a dispute, but does not have a mediation agreement between the parties, for example. B in infringement disputes or in cases pending before the courts. In order to facilitate the submission of such disputes to WIPO mediation, a party may file a unilateral request for mediation with the WIPO Center, in accordance with the new WIPO Mediation Rules in force since January 1, 2016. The WIPO Center may then assist the parties or designate, upon request, an external neutral to provide the necessary assistance. This procedure has been successfully used by the parties in a number of cases. WIPO`s Clause Generator allows the parties to develop their clauses and submission agreements by following these steps: When a dispute arises out of or is related to this agreement, the parties agree to meet to pursue a solution through negotiations or other appropriate dispute resolution before resorting to a dispute. 8 The parties are encouraged to choose substantive law, that is to say, the law under which the arbitral tribunal decides on the dispute. (i) [ ] with regard to disputes, mainly of a technical nature; or the parties agree that the representatives selected to participate in the dispute settlement procedure have the necessary authority to settle the dispute or have a rapid means of obtaining the necessary authorization. (b) The Expert shall settle or settle such matters or disputes as he deems appropriate at his or her own discretion.
The expert is invited to take his decision within thirty (thirty) days from the referral of the matter. Any decision of the expert is final and binding on the parties. 1. Choose the nature of the disputes (i.e. future or existing); or, if the dispute under this Agreement has already been the subject of arbitration under this clause, all disputes related thereto may be related to or consolidated under this Agreement. . . .