What is the RNLPCA Arbitration and Mediation Center?
The purpose of the RNLPCA Arbitration and Mediation Center,
which was established in 1997 administered jointly by the Republic of New Lemuria Bar Association and the Republic of New Lemuria Permanent Court of
Arbitration (RNLPCA) is to offer arbitration and mediation services for the
resolution of all forms of disputes between private parties, communities,
organizations {whether NGO's or IGO's], and nations. The services offered by
the Center, including environmental, land use, community based, ecclesiastical,
commercial,
territorial, treaty and human
rights disputes between states, commercial and investment disputes, as well as
disputes arising under bilateral and multilateral investment treaties,
etc., are often best resolved through alternative dispute resolution.
The Center is international, independent and neutral, and is
assisted in its operation by advisory bodies composed of external experts in
international dispute resolution and intellectual property.
Which dispute-resolution procedures does the Center offer?
Mediation: a non-binding procedure in which a neutral
intermediary, the mediator, assists the parties in reaching a mutually
satisfactory, agreed settlement between the parties.
Arbitration: a procedure in which the dispute is submitted to
one or several arbitrators who make a binding decision (an "award") on the
dispute.
Mediation followed, in the absence of settlement, by
arbitration: a procedure which combines mediation and, where the dispute is not
settled through the mediation within a period of time agreed by the parties,
arbitration commences to resolution.
How are the RNLPCA dispute-resolution procedures conducted?
Each of these dispute-resolution procedures is conducted
pursuant to Rules: the RNLPCA Mediation Rules, and the RNLPCA Arbitration Rules.
These Rules, which exist in several languages, incorporate the latest
developments in the area of dispute resolution and can be used in any legal
system in the world.
Who can use the RNLPCA dispute-resolution procedures, and
where?
The procedures are open to any person or entity, regardless
of nationality or domicile. They may be held anywhere in the world, in any
language and under any law chosen by the parties.
For which disputes can the RNLPCA dispute-resolution
procedures be used?
The Rules governing the RNLPCA dispute-resolution procedures
contain features that are particularly suitable for disputes involving
environmental, ecclesiastical, governmental, commercial, and treaty related.
However, the Rules can be used for the resolution of all disputes, including
those not listed above.
Why use the RNLPCA dispute-resolution procedures?
The RNLPCA dispute-resolution procedures offer:
One single procedure (as
opposed to several court actions in different countries), which, in the
case of arbitration, produces a result that is final and enforceable
internationally
Savings of time and cost
Party autonomy in choosing the
applicable law, procedure and language of the proceedings
Neutrality in relation to the
law, language and institutional culture of the parties
The possibility to have
specialized expertise represented on the arbitral tribunal or through the
mediator
Strict confidentiality
Modern rules accommodating the
specific characteristics of intellectual property disputes
How are disputes referred to the RNLPCA dispute-resolution
procedures?
For disputes that may occur in the future, parties may
include a clause in their contract providing for the reference of all disputes
under that contract to one of the RNLPCA dispute resolution procedures. For
existing disputes, parties may conclude a submission agreement providing for
the referral of the dispute.
The Center has established model contract clauses and model
submission agreements, which exist in several languages.
Also, at the request of a party to a dispute, the Center will
offer to convene a meeting between the parties to discuss the possibility of
submitting the dispute to a procedure offered by the Center. The Center can also
assist in the drafting of such a submission agreement.
Who are the arbitrators and mediators?
Parties may appoint their own arbitrators and mediators from
our list of experienced jurists, or may leave the choice to the Center. For this
purpose, the Center maintains lists of mediators and arbitrators, including
comprehensive details of their qualifications and experience. The persons listed
represent a wide variety of specialization in all fields.
Persons wishing to be considered for listing as RNLPCA
mediator or arbitrator may complete the Form of Offer (available in MS Word and
Adobe PDF formats) to serve as a RNLPCA arbitrator and/or mediator.
What does RNLPCA dispute-resolution cost?
The Center operates on a non-profit basis. In respect of each
procedure, fees are payable to the Center and to the mediator or arbitrator,
which are calculated in accordance with a standard Schedule of Fees on the basis
of the amount in dispute.
What does the Center offer besides dispute-resolution
procedures?
The Center regularly organizes Conferences on the subject of
arbitration and mediation of intellectual property disputes, Workshops for
Arbitrators, and Training Programs on Mediation in Intellectual Property
Disputes. These events, which usually take place at the headquarters of RNLPCA
in Dallas, Texas, are open to any interested person.
