Art and Cultural Heritage Mediation - Reference Tools

In order to provide an efficient framework for mediation, WIPO and ICOM drafted a series of tools comprising the ICOM and WIPO Mediation Rules and standard forms for submitting a case as well as further information with regard to the procedure and its fees.

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Recommended ICOM-WIPO mediation contract clause and submission agreement

RECOMMENDED ICOM-WIPO MEDIATION CLAUSE FOR FUTURE DISPUTES

This recommended mediation clause may be added in any art and cultural heritage related contract to submit future disputes between the Parties under the contract to ICOM-WIPO Mediation.

"Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the ICOM-WIPO Mediation Rules.

The place of Mediation shall be [specify place]

The language to be used in the mediation shall be [specify language]."

RECOMMENDED ICOM-WIPO MEDIATION SUBMISSION AGREEMENT FOR EXISTING DISPUTE

This recommended mediation submission agreement may be used by Parties to submit an existing dispute to ICOM-WIPO Mediation.

1. MEDIATION PROCEDURE

We, the undersigned parties, hereby agree to submit to mediation in accordance with the ICOM-WIPO Mediation Rules the dispute set out below.

2. DISPUTE

[Brief description of dispute]

3. PLACE OF MEDIATION

The place of mediation shall be [specify place].

4. LANGUAGE OF MEDIATION

The language to be used in the mediation shall be [specify language].

5. MISCELLANEOUS

The present mediation agreement is signed and enters into force immediately on [DATE],

IN WITNESS WHEREOF, the undersigned Parties sign the present agreement in [LOCATION] at the date above.

THE FIRST PARTY              THE SECOND PARTY
For and on behalf of         For and on behalf of
Name and Role                 Name and Role