Commencing Arbitration

Arbitrations before IPACSA arbitrators may be commenced in the following ways:

A. Where parties to an intellectual property dispute (a dispute as defined in Article 2 of the Rules) have agreed in advance that the dispute be resolved by an IPACSA arbitrator or arbitrators the parties may deliver to IPACSA (by email to the secretariat) an agreed statement signed by or on behalf of each party setting out at least the following:

  1. A statement that the parties have agreed that an intellectual property dispute or disputes between them will be resolved by arbitration under the Rules of IPACSA;
  2. A description of the intellectual property dispute or disputes between the parties;
  3. A statement that the parties have agreed on the appointment of a single arbitrator or a panel of three arbitrators and, if the former, whether the parties agree or do not agree that an arbitral award by a single arbitrator be subject to appeal under Chapter 9 of the Rules;
  4. If agreed between the parties, the name or names of the arbitrator or arbitrators to be appointed;
  5. If there is no agreement upon the identity of the arbitrator or arbitrators a statement that the parties will abide by the nomination and appointment procedure provided for in Rule 8.
  6. An agreement to pay the deposit or deposits provided for in paragraph 1 and 2 of Appendix 1 to the Rules.

A standard document (“Agreement to Commence Arbitration”) for this purpose can be found under the Rules and Docs page of this website.

Upon receipt of such a request and payment of the administration fees, and if the parties have agreed on an arbitrator or arbitrators, the secretariat will ascertain from the chosen arbitrator or arbitrators their availability and if there are any circumstances which may give rise to conflicts of interest, and report back to the parties. If the arbitrator or arbitrators are available and acceptable to the parties, the secretariat will make the appointment, whereafter the provisions of Articles 15.3 and 15.4 will apply and the arbitration will commence under the Rules. If one or more of the arbitrators is not available or is not acceptable (for example is conflicted) the Secretariat will engage with the parties for the appointment of an arbitrator or arbitrators under Rule 8 of the Rules.

B. Alternatively, where there is no agreement in advance under A above, IPACSA arbitrations may be commenced under the provisions of the Rules by:

  1. The Claimant or Claimants delivering a Notice of Arbitration under Rule 13;
  2. The Respondent or Respondents delivering an Answer to a Notice of Arbitration under rule 14;
  3. Payment to IPACSA of the administration fee or administration fees provided for in paragraphs 1 and 2 of Appendix 1 to the Rules.

Upon receipt of the documents referred to in paragraphs 1 and 2 above the secretariat will engage with the parties in the appointment of an arbitrator or arbitrators under Rule 8 whereafter the arbitration will commence under the Rules.

Standard documents for the commencement of arbitration under these Rules can be found under the “Rules and Docs” page of this website.