PRACTICAL EXPERIENCE IN EXPEDITED ARBITRATION PROCEDURE · PRACTICAL EXPERIENCE IN EXPEDITED ARBITRATION PROCEDURE Turin, 13 June 2014 Avv. Marco Venturello

PRACTICAL EXPERIENCEIN

EXPEDITED ARBITRATIONPROCEDURE

Turin, 13 June 2014

Avv. Marco Venturello

Main considerationswhen negotiating

dispute resolution clauses

1. Cost 6. Business solution

2. Time 7. Setting precedent

3. Enforceability

4. Quality outcome

5. Confidentiality

Values to be balanced in expeditedarbitration procedure

Efficiency (rapidity)vs

Due process

Equilibrium point

Piedmont Court of Arbitration:recommended contract clauses

Arbitration and fast-track arbitrationAny dispute arising from this contract shall be subjectto binding arbitration (rituale) under the Rules of thePiedmont Court of Arbitration. Arbitration shall adoptthe ordinary procedure by law or the fast-track (exaequo et bono) arbitration depending on the value indispute, as provided for in these rules.

Source: http://www.pie.camcom.it/Page/t08/view_html?idp=1135

Piedmont Court of Arbitrationrecommended contract clauses

NoteThe Rules of the Piedmont Court of Arbitrationgenerally provide for that disputes are referred to asole arbitrator. The parties may expressly state in thearbitration clause or agreement that the dispute bedecided by a tribunal of three arbitrators.The parties may modify the proposed clause,envisaging that ordinary arbitration is ex aequo etbono or that fast-track arbitration adopts the rules bylaw.


Piedmont Court of Arbitrationrecommended contract clauses

Note (follows)The Rules provide for that fast-track arbitrationprocedure be adopted for disputes with a value up tobut no more than Euro 150,000; the parties maychoose both fast-track arbitration for disputes with ahigher value, and ordinary arbitration for disputes witha lower value. […]


WIPO model contract clausesfor future disputes

Arbitration"Any dispute, controversy or claim arising under, outof or relating to this contract and any subsequentamendments of this contract, including, withoutlimitation, its formation, validity, binding effect,interpretation, performance, breach or termination, aswell as non-contractual claims, shall be referred toand finally determined by arbitration in accordancein accordancewith the WIPO Arbitration Rules.with the WIPO Arbitration Rules.

Source: http://www.wipo.int/amc/en/clauses/#5


Arbitration (following)The arbitral tribunal shall consist of [a sole arbitrator][threearbitrators]. The place of arbitration shall be [specifyplace]. The language to be used in the arbitralproceedings shall be [specify language]. The dispute,controversy or claim shall be decided in accordancewith the law of [specify jurisdiction]."



Expedited Arbitration"Any dispute, controversy or claim arising under, outof or relating to this contract and any subsequentamendments of this contract, including, withoutlimitation, its formation, validity, binding effect,interpretation, performance, breach or termination, aswell as non-contractual claims, shall be referred to andfinally determined by arbitration in accordance within accordance withthe WIPO Expedited Arbitration Rulesthe WIPO Expedited Arbitration Rules..



Expedited Arbitration (following)The place of arbitration shall be [specify place]. Thelanguage to be used in the arbitral proceedings shall be[specify language]. The dispute, controversy or claim shallbe decided in accordance with the law of [specifyjurisdiction]."


WIPO Arbitration and ExpeditedArbitration Compared

Procedural Stage WIPO Arbitration WIPO ExpeditedArbitration

Request for Arbitration May be accompanied byStatement of Claim

Must be accompanied byStatement of Claim

Answer to the Request Within 30 days from receiptof Request for Arbitration

Within 20 days from receiptof Request for Arbitration;Must be accompanied byStatement of Defense

Arbitral Tribunal One or three arbitrators One arbitrator

Statement of Claim Within 30 days followingnotification of establishmentof Tribunal

Provided with Request forArbitration

Source: http://www.wipo.int/amc/en/arbitration/expedited-rules/compared.html



Statement of Defense(including Counterclaim)

Within 30 days afternotification of establishmentof Tribunal or of Statementof Claim (whichever is later)

Provided with Answer tothe Request for Arbitration

Reply to Counterclaim (ifany)

Within 30 days after receiptof Statement of Defense

Within 20 days after receiptof Statement of Defense

Hearings Date, time and place to beset by Tribunal

Within 30 days after receiptof Answer to the Requestfor Arbitration



Closure of Proceedings Within 9 months ofStatement of Defense orestablishment of Tribunal(whichever is later)

Within 3 months ofStatement of Defense orestablishment of Tribunal(whichever is later)

Final Award Within 3 months ofclosure of proceedings

Within 1 month ofclosure of proceedings

Costs Fixed by the Center inconsultation with partiesand Tribunal


Closure of Proceedings Within 9 months ofStatement of Defense orestablishment of Tribunal(whichever is later)

Within 3 months ofStatement of Defense orestablishment of Tribunal(whichever is later)

Final Award Within 3 months of closureof proceedings

Within 1 month of closureof proceedings

Costs Fixed by the Center inconsultation with partiesand Tribunal

Fixed if amount in dispute isup to US$ 10 million


Cases administeredby the WIPO center

24%

19%

57%

Arbitration

Expedited arbitration

Mediation

Source: «Les Nouvelles», LES, Vol. XLIX No. 1, 2014, p. 6

Disputes administered by WIPOCenter

Source: «Les Nouvelles», LES, Vol. XLIX No. 1, 2014, p. 7

Arbitration clause

and

licensing agreements:

the issue of

preliminary/precautionary measures

Avv. Marco Venturello

Venturello e Bottarini, Avvocati

with the contribution of Dott. Riccardo Zorgno

Via Vittorio Amedeo II n. 17, Torino, Italy

Tel. 011 5185831

Fax 011 5185850

E-mail [email protected]

Internet web site www.sleuresis.it

Documents

PRACTICAL EXPERIENCE IN EXPEDITED ARBITRATION PROCEDURE · PRACTICAL EXPERIENCE IN EXPEDITED ARBITRATION PROCEDURE Turin, 13 June 2014 Avv. Marco Venturello