WIPO Mediation and Expedited Arbitration for Film and Media
The WIPO Arbitration and Mediation Center has developed the WIPO Mediation and Expedited Arbitration Rules for Film and Media specifically tailored to resolve potential disputes in the film and media sectors.
Developed in cooperation with industry experts, these new rules, as well as the special model contract clauses and submission agreements, are particularly appropriate for international film and media transactions where parties require an expedited arbitration process and mediation.
Areas of Dispute in the Film and Media Sectors
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The fast moving nature of these sectors demands fast and cost-efficient dispute resolution tools. Mediation and arbitration can provide an efficient alternative to court litigation, especially for international disputes.
Potential users of the WIPO Mediation and Expedited Arbitration Rules for Film and Media include film makers, directors, actors, performers, guild and industry associations, producers, authors, screenwriters, creators, investors, financiers, film funds, performance bond companies, insurers, sales agents, entertainment, media and IP lawyers consultants and accountants, distributors, broadcasters, exhibitors, publishing houses, trade federations, collecting societies, users of creative material.
Rapid and Flexible Conflict Resolution Procedures
The new rules for film and media provide for a mediation procedure and an expedited arbitration procedure that can either be combined or used independently at the parties’ option. These rules take account of the particular needs of those involved in the media and film sectors desiring an expedited procedure. The time limits in the WIPO Arbitration Rules applying to the various stages of the proceedings have been shortened in order to expedite the dispute resolution process chosen by the parties.
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The special WIPO Mediation and Expedited Arbitration for Film and Media are particularly time and cost-efficient procedures specifically tailored to the needs of parties in most film and media disputes. However, the WIPO Center recognizes that in certain complex film and media disputes, users in the film and media sector may prefer to choose the standard WIPO Arbitration Rules. The standard WIPO Arbitration Rules provide for longer timelines and the possibility of appointing a three-member arbitral tribunal. Where the parties in a film and media dispute have opted for standard WIPO Arbitration, the WIPO Center still makes available its WIPO List of Arbitrators for Film and Media from which the parties can select arbitrators. However, in light of the application of the standard WIPO Arbitration Rules, the standard Schedule of Fees applies in such cases.
Mediators and Arbitrators
The disputes in the media and film sectors demand special legal expertise as well as industry and market know how. The WIPO Center makes available a special international list of mediators and arbitrators for appointment under these rules. The list consists of highly qualified and recognized entertainment law mediators and arbitrators from various jurisdictions.
In addition, and thanks to the WIPO Center’s worldwide intellectual property network, the WIPO Center disposes of a database of over 1,500 independent WIPO arbitrators, mediators and experts from more than 70 different countries covering all aspects of Intellectual Property and Commercial Law.
Unless the parties have agreed on the person of the mediator or the sole arbitrator or on another appointment procedure, the Center will normally provide the parties with a list containing the names of specialized mediators and arbitrators in the film and media sectors with relevant expertise for the particular dispute, so that the Center can make the appointment taking into account the preferences indicated by the parties.
Disputes under the WIPO Expedited Arbitration for Film and Media are decided by a sole arbitrator. If the parties prefer to have their case decided by 3 arbitrators, they can use the WIPO Arbitration Rules.
Fees and Costs
For disputes under these rules, the Center’s administration fee and the mediator’s and arbitrator’s fees have been reduced in order to adequately adapt them to the typical features of disputes in the media and film sectors.
WIPO ECAF
The parties choosing these rules may also elect to use the WIPO Electronic Case Facility (WIPO ECAF) to facilitate case communications.
WIPO ECAF allows parties, the mediator or arbitrator in a case under the rules to file documents electronically into a secure online docket. Parties receive e-mail alerts of any such submission being made and may view and search this case file at any time. The online case file may also be used to record the fact that a submission is being made in hardcopy outside WIPO ECAF.
Events
WIPO Mediation and Expedited Arbitration for Film and Media was officially launched, in cooperation with MDA/SFC, in Singapore at the Asian Television Forum and Asia Media Festival on December 2-4, 2009. On this occasion, the WIPO Center organized a one-day Workshop on WIPO Film and Media Dispute Prevention and Resolution.
As of April 2010, the WIPO Center and the Format Recognition and Protection Association (FRAPA) will collaborate in alternative dispute resolution in the area of TV program format disputes. Under this collaboration, the WIPO Center will take on FRAPA’s existing mediation activity and will administer TV format related disputes filed under the WIPO Mediation and Expedited Arbitration Rules for Film and Media.
General Queries
WIPO Arbitration and Mediation Center
World Intellectual Property Organization (WIPO)
34, chemin des Colombettes, 1211 Geneva 20, Switzerland
Tel: (41-22) 338 8247 - Fax: (41-22) 338 8337
E-mail: please use our contact form
