The WIPO Arbitration and Mediation Center is an organization under World Intellectual Property Organization (WIPO), established in 1994, with its principal office in Geneva, Switzerland, succeeding the former WIPO Supervisory Board on Arbitration. The Center plays an essential role in providing a neutral and specialized forum for cross-border intellectual property (IP) disputes, offering alternative dispute resolution (ADR) mechanisms to address the need for resolving commercial disputes related to IP with the participation of leading specialists.
In resolving IP disputes, mediation provides considerable advantages due to absolute confidentiality – the most crucial factor for disputes involving trade secrets or unpublished technological innovations and advances. Moreover, mediation helps preserve long-term business cooperative relationships, avoiding the fierce confrontation inherent in litigation.
The WIPO Arbitration and Mediation Center possesses specialization in IP matters. The Center maintains a roster of more than 2,000 mediators, arbitrators, and experts from over 100 countries, including in-depth specialists in patents, trademarks, copyrights, industrial designs, as well as general commercial dispute resolution experts.[1].
Mediation mechanisms at WIPO are operated based on the WIPO Mediation Rules, comprising 28 Clauses divided into 16 main sections, establishing a rigorous yet flexible legal framework. These clauses cover all stages in the process of resolving a case through mediation. One advantage of this mechanism lies in facilitating parties access to mediation procedures in a flexible and simple manner. The WIPO Arbitration and Mediation Center provides sample clauses and submission agreements to create the most favorable conditions for transitioning disputes to ADR. In the dispute resolution procedures of the WIPO Arbitration and Mediation Center, mediation serves as either an initial step or the principal independent mechanism. The mediation method is typically prioritized before proceeding to adjudicatory measures such as arbitration (the Med-Arb model), enabling parties to maintain maximum control over the outcome of the dispute[2].
According to data recorded during 2015 – 2024 period, the WIPO Arbitration and Mediation Center has handled more than 3,700 disputes related to IP, of which mediation constitutes a significant proportion alongside arbitration and other mechanisms. Approximately 70% of mediation cases conclude with settlements between the parties, exceeding the 33% rate in arbitration, reflecting the effectiveness of this method in the total number of disputes resolved. The mediation success rate remains at 70%, slightly increasing to 75% during the COVID-19 pandemic because of the online flexibility. The number of mediation and arbitration cases has increased sharply – by 15% during the 2018 – 2019 period but more than 450% from 2012 to 2019 – reflecting, to some extent, the increasingly widespread trend of using mediation in commercial dispute resolution at the WIPO Arbitration and Mediation Center due to cost and time efficiency. According to another report, as of mid-2022, the WIPO Arbitration and Mediation Center has handled over 900 cases including mediation, arbitration, and expert determination, with dispute values ranging from USD 15,000 to USD one billion, with the majority of cases handled during the 2017 – 2022 period. By category of dispute, patent-related cases constitute the largest proportion at 29%, followed by copyright (24%), trademarks (20%), and information and communications technology (ICT) at 14%. Regarding geographic scope, 68% of the total number of cases are of an international nature, with the participation of parties from more than 60 different countries, reflecting the global prevalence of this dispute resolution method.[3].
In fact, to promote the widespread adoption of this mediation mechanism, WIPO has succeeded in assisting many countries in building and optimizing dispute resolution mechanisms, notably the WIPO Shanghai Arbitration and Mediation Service model in China. Since 2021, WIPO has concluded cooperation agreements with Higher People’s Courts in Shanghai, Fujian, Hainan, Guangdong, Chongqing, and Sichuan, allowing these courts to refer IP disputes involving foreign parties to the WIPO Shanghai Arbitration and Mediation Service for handling. In 2025, WIPO and China’s Ministry of Justice signed a memorandum of understanding on strengthening exchange and cooperation, pursuant to which the Ministry of Justice committed to supporting WIPO in promoting alternative dispute resolution (ADR) services for IP-related disputes in China.
Recently, on September 25, 2025, the Intellectual Property Office of Viet Nam and WIPO signed a comprehensive cooperation memorandum in the field of IP, establishing an important foundation for Vietnam to develop an IP dispute resolution mechanism. This memorandum covers priority areas, including support for establishing an IP dispute resolution mechanism and constructing a mediation mechanism for the Intellectual Property Office of Viet Nam. The memorandum opens up an important opportunity to develop a modern and effective IP dispute resolution mechanism, learning from successful models in China and other countries. The development of mediation competencies of experts not only contributes to improving the effectiveness of IP protection but also creates a favorable legal environment, attracts investment, and provides innovation that creates the context of deepening economic integration.
Learn more about WIPO’s Alternative Dispute Resolution – Mediation method here.
Authors:
Lawyer Nguyen Hung Quang – President of VICMC
Secretariat
Pham Quang Duy – Student of Hanoi Law University
[1] De Castro, I., Wollgast, H., & Ferland, J. (2022). Recent trends in WIPO arbitration and mediation. In J. V. H. Pierce & P.-Y. Gunter (Eds.), The guide to IP arbitration (2nd ed., pp. 235–254). Law Business Research. https://www.wipo.int/documents/d/amc/docs-en-2023-recent_trends_in_wipo_arbitration_and_mediation.pdf
[2] World Intellectual Property Organization. (n.d.). WIPO arbitration and mediation center – ADR procedures. https://www.wipo.int/amc/en/center/wipo-adr.html
[3] De Castro, I., Wollgast, H., & Ferland, J. (2022). Recent trends in WIPO arbitration and mediation. In J. V. H. Pierce & P.-Y. Gunter (Eds.), The guide to IP arbitration (2nd ed., pp. 235–248). Law Business Research. https://www.wipo.int/documents/d/amc/docs-en-2023-recent_trends_in_wipo_arbitration_and_mediation.pdf
