Mediation Clauses

A. Introduction

According to Rule 5(2) of the Rules of Operation (RoO) of the Patent Mediation and Arbitration Centre (PMAC), one objective of the Centre is to provide model clauses for use in mediation and arbitration proceedings before the Centre.

This document provides model dispute resolution clauses concerning possible future disputes between the parties that may be incorporated into existing contractual provisions governing the relationship between the parties, or which may be used on an ad hoc basis to submit an existing dispute to mediation. The mediation service of the PMAC offers support in the resolution of disputes relating to European patents, European patents with unitary effect and supplementary protection certificates for which the Unified Patent Court (UPC) is competent pursuant to Article 32 of the Unitary Patent Court Agreement (UPCA), and related disputes. Related disputes are defined in the Rules of Mediation of the PMAC as disputes involving other patents, patent applications, or portfolios of the same, whether or not the patent rights in question are European patents, European patents with unitary effect or supplementary protection certificates or any other intellectual property or commercial disputes, as long as there is a factual, legal or commercial nexus with an actual or contemplated dispute concerning a European patent, a European patent with unitary effect, or a supplementary protection certificate for which the UPC is wholly or in part competent.

The PMAC model clauses are exemplary in nature. Parties are free to customize and refine the PMAC model clauses to meet their specific needs. Certain provisions of the Mediation and Arbitration Rules make clear that parties may agree to derogate from the provisions in question. 

Parties should consider whether they wish to include any such agreed derogations in their mediation and hybrid Med-Arb clauses or mediation and hybrid Med-Arb submission agreements.  

The following model clauses have been developed by the Centre in consultation with the Expert Committee of the PMAC.

Disclaimer:

  • the model clauses are provided for general informational purposes only;
  • they do not constitute legal advice or representation; and
  • users are encouraged to seek advice from qualified professionals before use.

B. Proposed Mediation Clauses for the PMAC.

1. General Model Mediation Clause

Any dispute, controversy or claim arising out of or in connection with this Agreement, including but not limited to the Agreement’s formation, interpretation, validity, breach or termination thereof, as well as any non-contractual claims, shall be settled by mediation in accordance with the Rules of Mediation of the Patent Mediation and Arbitration Centre (PMAC). 

Parties agree that the request, notices, and any other communications under the PMAC Rules of Mediation shall be lodged and delivered using the Case Management System of the PMAC.

Note: parties may wish to make use of the following additional provisions: 

Mediation shall be conducted online.

The language of the Mediation shall be [insert language].

2. Model Mediation Submission Agreement

We, the undersigned, hereby agree to submit the following dispute to be settled by mediation in accordance with the Rules of Mediation of the Patent Mediation and Arbitration Centre (PMAC):

[Insert a succinct summary of the facts giving rise to the dispute, including a specification of the intellectual property rights involved, and/or any related disputes.]

We, the undersigned agree that the request, notices, and any other communications under the PMAC Rules of Mediation shall be lodged and delivered using the Case Management System of the PMAC.

Note: parties may wish to make use of the following additional provisions: 

Mediation shall be conducted online.

The language of the Mediation shall be [insert language].

C. Proposed Hybrid Mediation-Arbitration (Med-Arb) Clauses for the PMAC

1. General Model Hybrid Mediation-Arbitration (Med-Arb) Clause 

Any dispute, controversy or claim arising out of or in connection with this Agreement, including but not limited to the Agreement’s formation, interpretation, validity, breach or termination thereof, as well as any non-contractual claims, shall be settled by hybrid Med-Arb procedure in accordance with Article 19 of the Rules of Mediation of the Patent Mediation and Arbitration Centre (PMAC). 

Parties agree that the Request, notices, and any other communications under the PMAC Rules of Mediation and PMAC Rules of Arbitration shall be lodged and delivered using the Case Management System of the PMAC.

Note: parties may wish to make use of the following additional provisions: 

The Arbitral Tribunal shall apply to the substance of a dispute the law of [specify jurisdiction].

Parties agree that [state choice] law shall apply to this hybrid Med-Arb clause.

The seat of Arbitration shall be [specify city and country].

Hybrid Med-Arb procedure shall be conducted online or the location of meetings shall be [insert or specify city and country].

The language of the hybrid Med-Arb procedure shall be [specify language].

2. Model Hybrid Mediation- Arbitration (Med-Arb) Submission Agreement

We, the undersigned, hereby agree to submit the following dispute to be settled by hybrid Med-Arb in accordance with Article 19 of the Rules of Mediation of the Patent Mediation and Arbitration Centre (PMAC):

[Insert a succinct summary of the facts giving rise to the dispute, including a specification of the intellectual property rights involved, and/or any related disputes.]

We, the undersigned, agree that the Request, notices, and any other communications under the PMAC Rules of Mediation and the PMAC Rules of Arbitration shall be lodged and delivered using the Case Management System of the PMAC.

Note: parties may wish to make use of the following additional provisions: 

The Arbitral Tribunal shall apply to the substance of a dispute the law of [specify jurisdiction].

Parties agree that [state choice] law shall apply to this hybrid Med-Arb agreement.

The seat of Arbitration shall be [specify city and country].

Hybrid Med-Arb procedure shall be conducted online or the location of meetings shall be [insert or specify city and country].

The language of the hybrid Med-Arb procedure shall be [specify language].