This guide addresses the key issues that you need to consider when drafting the contract when resolving disputes. (c) The costs set out by the expert for the resolution or determination of this case or dispute are borne equally by the parties, unless the expert decides otherwise. The parties will endeavour, in good faith, to resolve disputes or claims arising from this agreement or in connection with this agreement, through negotiations between a director of each of the parties, empowered to resolve the dispute in question. If the dispute cannot be settled out of court within fourteen (14) days of the date on which one of the parties was informed in writing of the other dispute, the other provisions of this clause apply []. ARBITER CLAUSEAll disputes arising from the relationship between the parties to this agreement are submitted by a single arbitrator, selected and appointed by the European Court of Arbitration, which is part of the European Arbitration Centre, which is based in Strasbourg, in accordance with the Court`s Arbitration Regulations documents, which are in force at the time of the application for arbitration. Should the dispute be decided by a panel of arbitrators or a judge? Will it be heard in England, Europe or another part of the world? Will the dispute resolution method take months or years and can it appeal? Will this lead to an easy-to-execute judgment or something that will require further litigation before being translated into monetary value? The answers to these questions can radically influence the outcome of a dispute and make a difference in how to resolve a dispute that can be worth several thousand pounds in cost. 5 When deciding whether one or three arbitrators should be appointed, the parties weigh on costs and efficiency and against the value and complexity of the dispute. According to WIPO Expedited Arbitration Rules, the arbitration tribunal consists of a single arbitrator. A jurisdiction clause should be introduced if the parties wish that all disputes arising from their agreement should be determined by a specific national court or court. A party who expressly submits to the courts of a particular jurisdiction will find it difficult to argue that these courts are not the appropriate forum for litigation. If you need additional assistance in developing your clause, you can contact us by email at arbiter.mail@wipo.int or by phone at 41 22 338 8247. Structured negotiations and/or mediations provide parties with alternatives to arbitration procedures and disputes that provide faster, cheaper and more flexible dispute resolution methods.

Mediation, a procedure in which a neutral third party (the Ombudsman) attempts to “break” a settlement agreement between the parties, is particularly effective in assisting litigants, avoiding costly litigation or arbitration proceedings.