NIPC Arbitration Rules

Version 1.1   Effective 11 Aug 2010

1.         Interpretation

(1) Unless the context requires some other meaning:

(a) these expressions shall be defined as follows;

“The Act” means the Arbitration Act 1996;

“the Agreement” means an agreement that provides for the resolution of a dispute by arbitration or some other method of decision based dispute resolution before a Panellist in accordance with the Rules;

“the Claimant” means the Party commencing arbitral proceedings in accordance with Rule 4;

“the Company” means NIPC Ltd. a private company incorporated in England and Wales with limited liability having its principal place of business at the Media Centre;

“the CPR” means the Civil Procedure Rules for the time being including all practice directions, court guides and protocols;

"Intellectual Property Office" is the United Kingdom Patent Office;

“the Media Centre” means Kirklees Media Centre at 7 Northumberland Street, Huddersfield, HD1 1RL;

“The Panel” means the Panellists managed and marketed by the Company for the time being;

“Panellist” means a member of the Panel;

“the Parties” means the parties to an Agreement;

“the Respondent” means a Party receiving a notice commencing proceedings pursuant to Rule 4;

“the Rules” means these rules;

"Standing Orders" are directions to be issued by the Company from time to time to amplify, clarify and implement the Rules;

"the Tribunal" means the Panellist or Panellists appointed to hear and determine a dispute or difference between the Parties pursuant to the Agreement.

(b) words and expressions defined in the Act shall have the same meaning in the Rules;

(c) references to the singular connote the plural and vice versa; and

(d) references to the masculine shall connote the feminine or neuter and vice versa

(2) The headings to these Rules are intended to facilitate reference and neither form part of, nor affect. their construction.

(3) The Company's published terms and conditions for the time being shall be incorporated into the Rules.

(4) Standing Orders shall have the same effect as the Rules.

(5) The Rules and Standing Orders shall be construed and enforced in accordance with the laws of England and Wales.

2.  The Agreement

(1) Every Agreement shall incorporate these Rules.

(2) Unless the Parties agree expressly to the contrary:

(a) the Tribunal shall consist of a single Panellist to be agreed by the Parties or in default of agreement appointed by the Company;

(b) the seat of the arbitration shall be England and Wales;

(c) the language of the arbitration will be English;

(d) the Company shall have power to revoke the authority of an arbitrator pursuant to s.23 (3) (b) of the Act in any of the circumstances in which he or she could be removed by the court;

(e) the Tribunal may compel compliance with any orders it may make under s,48 (5) of the Act by awarding periodic payments from a Party in breach to an injured Party from the date of such order until the date of compliance;

(f) the Tribunal shall have power to direct consolidation of proceedings or concurrent hearings; and

(g) the Tribunal shall have power to order on a provisional basis any relief which it would have power to grant in a final award.

(3) The Company may issue Standing Orders from time to time to amplify, clarify and implement the Rules.

3.  Service of Documents

(1) If the Agreement provides expressly for the service of notices or the giving of notifications, such provisions shall prevail.

(2) If the Agreement makes no such provision. Part 6 of the CPR shall apply mutatis mutandis.

(3) Each Party shall lodge with the Company a copy of any document that it may serve upon any other Party.

(4) All correspondence to the Company or the Tribunal (including notices and notifications and copies thereof) shall be delivered to the Media Centre.

4.   Commencement

(1) If the Agreement contains express provisions for the commencement of arbitral or other dispute resolution proceedings, those provisions shall prevail.

(2) In the absence of such provisions, s.14 (2), (3), (4) and (5) of the Act shall apply.

(3) Arbitral proceedings will commence as soon as a request for arbitration in accordance with Rule 4 (1) or a notice in accordance with 4 (2) is served upon the Respondent and a copy lodged with the Company in accordance with Rule 3 (1).

5.   Incorporation of Other Rules and Practice

(1) Without prejudice to these Rules and the Tribunal’s powers under s.34 of the Act, the following provisions shall apply.

(2) Unless the dispute would fall outside the scope of Part 63 of the CPR (Part 63 - Patents and Other Intellectual Property Claims), the Tribunal shall apply that Part as supplemented by the Part 63 Practice Direction - Patents and Other Intellectual Property Claims, the Patents Court Guide and the Patents County Court Guide mutatis mutandis.

(3) Unless the Tribunal directs otherwise, arbitral proceedings will follow as closely as possible the practice of the Patents County Court Guide..

(4) Save where the Rules provide or the Tribunal directs otherwise, the Tribunal may apply the CPR and/or the Tribunal Practice Notices of the Intellectual Property Offices mutatis mutandis and follow as closely as possible the practices that would have been followed by the Patents County Court or an Intellectual Property Office tribunal.

6.  Statements of Case

(1) Unless the Agreement expressly provides to the contrary or the Tribunal directs otherwise, any notice commencing arbitral proceedings in accordance with Rule 4 shall be accompanied by Points of Claim setting out succinctly the facts and matters upon which the Claimant relies and relief that he or she seeks and attaching copies of any documents to which he or she may refer.

(2) If the Respondent wishes to contest the claim, he or she shall serve a Defence or Defence and Counterclaim upon the Claimant within 28 days or such other time as the Parties may agree or the Tribunal direct.

(3) Unless the Parties agree or the Tribunal directs otherwise, the Claimant shall serve any Reply or Reply and Defence to Counterclaim within 14 days of service of the Defence or Defence and Counterclaim.

(4) No statements of case may be served after the Reply or Reply and Defence to Counterclaim without the express permission of the Tribunal.

(5) Unless the Tribunal directs otherwise, no statement of case shall contain more than 1,000 words, including the title, signature, address for service, statement of truth and other formalities but excluding appendices.

(6) In all other respects Part 16 of the CPR and the Part 16 Practice Direction shall apply.

7.   Documents

(1) Unless the Tribunal directs otherwise, no Party shall rely on a document or material evidence that is not mentioned in his or her statement of case and either appended to such statement or made available for inspection by the opposite party.

(2) There shall be no disclosure unless the Tribunal directs otherwise.

(3) There shall be a presumption against the need for disclosure.

8.   Case Management

(1) Unless the Tribunal directs a hearing, all case management proceedings shall be conducted entirely in writing.

(2) Should the Tribunal direct a hearing, the Tribunal shall direct such hearing to take place by telephone or video-conference unless there is a compelling need for the Parties or their representatives to attend in person.

 (3) Where a Party objects to a direction on the ground that it will be put to inordinate and unnecessary expense, the Tribunal may direct the Party seeking the order to deposit moneys not exceeding the amount necessary to comply with the direction into an escrow account in the name of a solicitor to abide the resolution of the dispute as a condition for making the requested direction.

(4) The Tribunal shall have power to strike out a statement of case or to grant summary judgment in any of the circumstances in which such an order could be made by the court.

(5) Paginated and legible bundles of documents shall be agreed by the Parties and lodged with the Tribunal by the Party seeking a direction together with a case management summary not less than 2 clear days before any case management hearing.

(6) The Parties shall exchange skeleton arguments lodging copies with the Tribunal not less than 48 hours before a case management hearing.

9.  Evidence

(1) No witness statement shall exceed 1,000 words (excluding exhibits) unless the Tribunal directs otherwise.

(2) Expert evidence shall be admitted if, and only if, the Tribunal believes such evidence to be necessary or desirable for the fair disposal of the proceedings.

(3) Unless the Tribunal directs otherwise, expert evidence shall be given by or more experts appointed jointly by the Parties.

(4) The Tribunal may appoint one or more experts should the parties fail to appoint an expert within 28 days of a direction for admission of expert evidence.

10.  Skeleton Arguments

(1) Unless the Tribunal directs otherwise, a skeleton argument may not contain more than 1,000 words not including attachments.

(2) Copies of any legislation or case referred to in a skeleton argument shall be attached thereto.

11.  Fees and Expenses

(1) The Company and the Tribunal may charge the Parties for their respective services and facilities at their published rates for the time being.

(2)  The Company and the Tribunal are entitled to be reimbursed by the Parties for their respective expenses.

(3) The Tribunal may determine which Party or Parties shall bear such fees and expenses and in what proportions.

(4) Save for the fees and expenses of the Company and Tribunal, costs will be awarded accorded to the same principles and on the same scale as in hearings before the Intellectual Property Office tribunals.

12.  Variations

The Company may add to or amend or revoke any of these Rules at any time without notice.

Last amended 30 Dec 2011