INTRODUCTION:
11 BASIC QUESTIONS ABOUT THE CENTER AND ITS SERVICES
What is the DOMPCA Arbitration and Mediation Center?
The purpose of the DOMPCA Arbitration and Mediation Center, which was
established in 1997 in Austin, Texas, but now administered jointly by the Dominion of
Melchizedek Bar Association and the Dominion of Melchizedek Permanent Court of Arbitration
(DOMPCA) in Canoga, California, is to offer arbitration and mediation services for the resolution of of all forms of disputes
between private parties, communities, organizations {whether NGO's or IGO's], and nations.
The dispute resolution procedures offered by the Center, which lend themselves also to
all types of disputes [including environmental, land use, community based, ecclesiastical,
commercial, etc.], constitute alternatives to court litigation.
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 of the dispute.
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.
How are the DOMPCA dispute-resolution procedures conducted?
Each of these dispute-resolution procedures is conducted pursuant to Rules: the DOMPCA Mediation Rules, and the DOMPCA
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 DOMPCA 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 DOMPCA dispute-resolution procedures be used?
The Rules governing the DOMPCA dispute-resolution procedures contain features that are
specially suitable for disputes involving environmental, eccelsiastical, governmental,
commercial, and treaty related. However, the Rules can be used for the resolution of all
all disputes, including those not listed above.
Why use the DOMPCA dispute-resolution procedures?
The DOMPCA 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 DOMPCA 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 DOMPCA dispute resolution procedures. For existing disputes, parties may
conclude a submission agreement providing for the reference 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 the
submission agreement.
Who are the arbitrators and mediators?
Parties may appoint their own arbitrators and mediators, 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 DOMPCA mediator or arbitrator may
complete the Form of Offer (available in MS Word 2.0 and Adobe PDF formats) to serve as
DOMPCA arbitrator and/or mediator.
What does DOMPCA 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 DOMPCA in Austin, Texas, are open to any interested person.
How to contact the Center for further information and publications?
Advice, information and publications, including brochures
containing the information on the web site of the Center, such as the Rules and the
Recommended Contract Clauses and Submission Agreements in different languages, may be
obtained as follows:
DOMPCA Arbitration and Mediation Center
Minister of Arbitration: Richard James, McDonald
Dominion of Melchizedek Permanent Court of Arbitration
Dominion of Melchizedek Embassy-at-Large
585 Box Canyon Road
Canoga Park, Ca., 91304
Tel: 1-818-703-5037 Fax: 1-818-887-3217
E-Mail: richard@caprica.com
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