Alternative Dispute Resolution (ADR)
ADR options, such as mediation and arbitration, provide a different pathway for parties to resolve their intellectual property (IP) and technology disputes outside the courts.
Committee of Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan and the World Intellectual Property Organization Arbitration and Mediation Center (WIPO Center) collaborate to raise awareness of mediation and arbitration options in the area of IP and technology in Kazakhstan.
Mediation and arbitration prioritize time- and cost-efficient dispute resolution, while preserving business relationships. They allow parties to choose a mediator or arbitrator with legal and technical expertise in IP and technology. They also provide a neutral forum in which disputes, often involving parties from multiple jurisdictions, can be resolved through a single procedure, confidentially.
Mediation
Mediation is a non-binding, confidential and consensual procedure in which a neutral intermediary, the mediator, assists the parties in settling their dispute based on their business interests. The mediator cannot impose a decision on the parties and the procedure may be terminated by either party at any stage. Settlement is usually recorded in a settlement agreement which has force of contract. Mediation leaves open court or agreed arbitration options.
Arbitration
Arbitration is a confidential and consensual procedure in which the parties submit their dispute to one or more chosen arbitrators for a binding and final decision. The decision is based on the parties’ legal rights and obligations and enforceable internationally. Arbitration normally forecloses court options.
WIPO Procedural Assistance
The WIPO Center can administer ADR proceedings for IP and technology disputes involving parties from Kazakhstan. The parties may agree on the appointment of the mediator, arbitrator or expert, or they may request assistance from the WIPO Center to identify suitable candidates. Candidates can be selected from Kazakhstan or other jurisdictions based on each parties’ requirements.
When parties are involved in an IP or technology dispute, the WIPO Center can provide procedural assistance to them, free of charge, in order to facilitate direct settlement between them or to submit their dispute to WIPO mediation or arbitration. The parties are free to choose where they want the mediation to take place, including remotely. The WIPO Center provides free online case administration options, including videoconferencing facilities.
The WIPO Center has assisted both large businesses and small and medium sized enterprises (SMEs) across industries and sectors, including inventors, entrepreneurs, artists, startups, R&D centers, universities, producers and collecting societies. The WIPO Center offers a 25% reduction on its fees when an SME is involved in a dispute. To receive information and procedural assistance from the WIPO Center, you can contact arbiter.mail@wipo.int.
Future disputes
To facilitate the referral of disputes to WIPO mediation and arbitration, the WIPO Center provides model contract clauses which can be included in contracts involving IP and technology.
Existing disputes
If parties are already facing a dispute, and in the absence of a mediation agreement between the parties (for example in infringement disputes or in cases pending before the courts), a party may submit a unilateral request for mediation to the WIPO Center, free of charge.
T: +41 22 338 82 47 (Geneva)
T: +65 6225 2129 (Singapore)
E: arbiter.mail@wipo.int