ARBITRATION RULES AND PROCEDURES AT THE WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)
In the ever-changing and interconnected world, we live in, there are numerous legal avenues to resolve disputes arising from human interactions and the intertwining of economic, social, and financial interests. International arbitration is considered one of the most effective methods for resolving disputes between parties, ensuring flexibility and speed while avoiding recourse to litigation. International arbitration extends beyond financial rights to encompass moral rights, including those associated with intellectual property. This is particularly relevant in cases where disputes arise from contracts related to these rights. One prominent international organization working in the field of intellectual property protection is the World Intellectual Property Organization (WIPO). This study sheds light on the arbitration procedures within WIPO, aiming to understand the requirements set by the organization for arbitration. The significance of the study lies in outlining the broad procedures, providing clear insights for researchers and those considering arbitration, making the process of asserting rights more accessible. The study adopts a descriptive-analytical approach to reach its conclusions. Among the key findings is that WIPO places significant importance on party autonomy in arbitration procedures, while imposing certain limitations. Decisions rendered by WIPO are considered foreign judgments. The WIPO system grants substantial authority to the presiding arbitrator in issuing arbitration awards. The researcher recommends emphasizing the necessity of causing all arbitration decisions, whether interim or final, to be recorded for the sake of justice. Additionally, she suggests refraining from granting sole authority to the presiding arbitrator to issue judgments in any case. Encouraging disputants to resort to WIPO rules in arbitration, which provide them with considerable freedom not conflicting with the essence of justice and respecting the laws of nations and fundamental principles of litigation, is also emphasized.
Arbitration, International Arbitration, WIPO (World Intellectual Property Organization), Intellectual Propert, Moral Rights, International Organizations, Dispute Resolution.