世界知识产权组织仲裁规则

I. GENERAL PROVISIONS Abbreviated Expressions Article 1 In these Rules： “Arbitration Agreement” means an agreement by the parties to submit to arbitration a I. GENERAL PROVISIONS Abbreviated Expressions Article 1 In these Rules： “Arbitration Agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them； an Arbitration Agreement may be in the form of an arbitration clause in a contract or in the form of a separate contract； “Claimant” means the party initiating an arbitration； “Respondent” means the party against which the arbitration is initiated, as named in the Request for Arbitration； “Tribunal” includes a sole arbitrator or all the arbitrators where more than one is appointed； “WIPO” means the World Intellectual Property Organization； “Center” means the WIPO Arbitration and Mediation Center, a unit of the International Bureau of WIPO； Words used in the singular include the plural and vice versa, as the context may require. Scope of Application of Rules Article 2 Where an Arbitration Agreement provides for arbitration under the WIPO Arbitration Rules, these Rules shall be deemed to form part of that Arbitration Agreement and the dispute shall be settled in accordance with these Rules, as in effect on the date of the commencement of the arbitration, unless the parties have agreed otherwise. Article 3 （a） These Rules shall govern the arbitration, except that, where any of these Rules is in conflict with a provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall prevail. （b） The law applicable to the arbitration shall be determined in accordance with Article 59（b）。 Notices and Periods of Time Article 4 （a） Any notice or other communication that may or is required to be given under these Rules shall be in writing and shall be delivered by expedited postal or courier service, or transmitted by telefax, e-mail or other means of telecommunication that provide a record thereof. （b） A party's last known residence or place of business shall be a valid address for the purpose of any notice or other communication in the absence of any notification of a change by that party. Communications may in any event be addressed to a party in the manner stipulated or, failing such a stipulation, according to the practice followed in the course of the dealings between the parties. （c） For the purpose of determining the date of commencement of a time limit, a notice or other communication shall be deemed to have been received on the day it is delivered or, in the case of telecommunications, transmitted in accordance with paragraphs （a） and （b） of this Article. （d） For the purpose of determining compliance with a time limit, a notice or other communication shall be deemed to have been sent, made or transmitted if it is dispatched, in accordance with paragraphs （a） and （b） of this Article, prior to or on the day of the expiration of the time limit. （e） For the purpose of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice or other communication is received. If the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period is extended until the first business day which follows. Official holidays or non-business days occurring during the running of the period of time are included in calculating the period. （f） The parties may agree to reduce or extend the periods of time referred to in Articles 11, 15（b）, 16（b）, 17（b）, 17（c）, 18（b）, 19（b）（iii）, 41（a） and 42（a）。 （g） The Center may, at the request of a party or on its own motion, extend the periods of time referred to in Articles 11, 15（b）, 16（b）, 17（b）, 17（c）, 18（b）, 19（b）（iii）, 67（d）, 68（e） and 70（e）。 Documents Required to be Submitted to the Center Article 5 （a） Until the notification by the Center of the establishment of the Tribunal, any written statement, notice or other communication required or allowed under these rules shall be submitted by a party to the Center and a copy thereof shall at the same time be transmitted by that party to the other party. （b） Any written statement, notice or other communication so sent to the Center shall be sent in a number of copies equal to the number required to provide one copy for each envisaged arbitrator and one for the Center. （c） After the notification by the Center of the establishment of the Tribunal, any written statements, notices or other communications shall be submitted by a party directly to the Tribunal and a copy thereof shall at the same time be supplied by that party to the other party. （d） The Tribunal shall send to the Center a copy of each order or other decision that it makes. ..