THE CENTER AND ITS SERVICES IN MORE DETAIL

I. INSTITUTIONAL ARRANGEMENTS

History of the Dominion of Melchizedek Custom of Peace

Introduced by Melchizedek to our Patriarch Abraham.

DOMPCA Arbitration and Mediation Center
DOMPCA Arbitration and Mediation Council
DOMPCA Arbitration Consultative
Commission

II. DISPUTE-RESOLUTION PROCEDURES OFFERED

Types of Procedures
Advantages
Who May Refer Disputes?
What Sort of Disputes May Be Referred?
How to Refer Disputes?

III. GOOD OFFICES: SUBMISSION ADVISORY SERVICE

Purpose
Method of Operation
Advantages

IV. MEDIATION

Mediation: What It Is
Role of the Center
Fees of the Center
Mediator's Fees
Recommended Contract Clause and Submission Agreement
Venue of Mediation

V. ARBITRATION

Arbitration: What It is
Role of the Center
Fees of the Center
Arbitrator's Fees
Recommended Contract Clause and Submission Agreement
Place of Arbitration

VI. MEDIATION FOLLOWED, IN THE ABSENCE OF A SETTLEMENT, BY ARBITRATION

The Nature of the Combined Procedure
Role and Fees of the Center; Mediator's and Arbitrator's Fees
Recommended Contract Clause and Submission Agreement

VII. LISTS OF DOMPCA MEDIATORS AND ARBITRATORS

Appointments by the Center in Cases
Administered by the Center
Appointments by the Center in Cases Not Administered by the Center

VIII. SCHEDULE OF FEES

Mediation
Arbitration
Expedited Arbitration
Mediation Followed, in the Absence of a Settlement, by Arbitration
Appointment of Mediators or Arbitrators in Cases Not Administered by the Center

I. INSTITUTIONAL ARRANGEMENTS

DOMPCA is an intergovernmental organization whose headquarters are located in Austin, Texas. It is a humanitarian directed specialized organization within the Dominion of Melchizedek ecclesiastical See which is open to all people, organizations (whether NGO's or IGO's), nations and other associations. The main functions of the DOMPCA are to provide forums for peaceful settlement of disputes by mediation (conciliation) and arbitration. The "peacemaking and peacekeeping" custom was first introduced by Melchizedek to our Patriarch Abraham circa 2005 B.C. It is an ancient tradition.

Since the Creation of the worlds[see, Hebrews 11:3] , the Dominion of Melchizedek has been an everlasting dominion of peace and righteousness ["zedek" or "zedekah"] established by the King of Salem ["peace"] for the Most High God [El Elyon]. Peaceful and righteous living are an ancient tradition. Each of God's children as descendants ["zera" which is Aramaic for seed] reflect God's image of peace, for we are each created in this image [see Genesis 1:26]. The Dominion of Melchizedek of peace and righteousness extends temporally [e.g. through time] from "generation to generation", and geographically from "sea to sea" and "shore to shore". This is well settled in the Scriptures. Each time the name El Elyon signifying the Most High God appears in the Scriptures, we find the ancient and everlasting nature of the dominion of peace introduced by Melchizedek to our Patriarch Abraham.

The Abrahamic tradition of peaceful and righteous living within the Dominion of Melchizedek was scribed in the Book of Jasher [referred to in Joshua, ch. X., and 1 Samuel, ch. I]. The title "Jasher" means literally "the upright or correct record".

This ancient tradition of peaceful and righteous living within the Dominion of Melchizedek was faithfully carried on by Lord Jesus, the Christ, approximately 2,000 years later being acknowledged the Great High Priest After the Order of Melchizedek.

In the ancient tradition of the Dominion of Melchizedek, consistent with the life of Abraham spoken of in Jasher, Jesus Christ spoke these timeless and consistent words of peace: "For I was hungry, and you gave me food: I was thirsty, and you gave me drink; I was a stranger and you took me in" [Matthew 25:35, Eastern text]

This ancient tradition of peaceful and righteous living is given to us in the timeless prophecy of our Patriarch Enoch in the Book of Enoch, Chapters 91 and 92 which speak to all of us, whether our culture be Islamic, Judaic or Christian. Each of us who seek to live and walk in the ways of the Lord are admonished:

DOMPCA is open to all nationalities and peoples of the world as a forum for the peaceful settlement of everything from personal , community, town, city, county, state, national and international disputes. All of the DOMPCA services are offered free of charge to the participants. The operations of the DOMPCA are provided for entirely by the Providence of the Most High God, for it is written:

The DOMPCA Arbitration and Mediation Center is a joint administrative unit of the Dominion of Melchizedek Permanent Court of Arbitration and the Dominion of Melchizedek Bar Association. The establishment of the Center was approved by the House of Elders for effective operation in late 1997. The Center commenced operations in October 1998. It is located in Austin, Texas with other satellite locations to be opened in the future. The Center has two main roles, namely, the role of administering authority and the role of resource center.

The Center as Administering Authority

The Center administers two dispute-settlement procedures:

• mediation under the DOMPCA Mediation Rules, , and
• arbitration under the DOMPCA Arbitration Rules, a combined procedure of mediation under the DOMPCA Mediation Rules followed, in the absence of a settlement, by arbitration under the DOMPCA Arbitration Rules.

As administering authority, the role of the Center is to perform the tasks and to make the decisions that are assigned to it by the DOMPCA Mediation or Arbitration Rules. One of those tasks is to appoint, where the parties do not themselves do so, or fail to do so within the periods of time set out in the Rules, the mediator or arbitrator. New arbitrators and mediators are being sought at all times. For this purpose, the Center maintains lists of specialized mediators and arbitrators. A fuller description of the tasks performed by the Center as administering authority is given below in the Sections on each of the procedures administered by the Center.

The DOMPCA Rules have been designed for use in any legal system. Mediations or arbitrations conducted in accordance with DOMPCA Rules may take place anywhere in the world. Any person having legal capacity, regardless of national affiliation, may refer a dispute to any of the procedures administered by the Center.

The Center as Resource Center

As a resource center, the DOMPCA Arbitration and Mediation Center endeavors to act as a bridge between the fields of the revealed Divine law and ecclesiastical precepts, on the one hand, and extra-judicial dispute-resolution, on the other hand. Specifically, the Center provides the following services in this respect:

• The Center provides assistance in the drafting of contract clauses for use in contracts to refer future disputes under those contracts to a dispute-settlement procedure administered by the Center, as well as in the drafting of submission agreements to refer existing disputes to such a procedure. Included in this instruction are the Seven Noahide Laws [See Panel Below].
• The Center provides the service of Good Offices (Submission Advisory Service) where it will, at the request of a party to a dispute, endeavor to act as intermediary in convening a meeting of the parties to the dispute to discuss the submission of the dispute to a procedure administered by it.
• The Center will, appoint a mediator or an arbitrator at the request of the parties to a dispute submitted to mediation or arbitration that is not administered by the Center.
• The Center organizes conferences on various themes relating to the resolution of intellectual property disputes through mediation, arbitration or other dispute-settlement alternatives, as well as conducts training programs for mediators and arbitrators.
• The Center makes available publications and documentation relating to the resolution of intellectual property disputes.

The Center is counselled in the discharge of its functions by two bodies, the DOMPCA Arbitration and Mediation Council and the DOMPCA Arbitration Consultative Commission. DOMPCA ARBITRATION AND MEDIATION COUNCIL The DOMPCA Arbitration and Mediation Council is composed of representatives of both the private and public sectors. The role of the Council is to provide advice and to make recommendations to the Center on matters of planning and policy, particularly in relation to the DOMPCA Mediation Rules, DOMPCA Arbitration Rules and DOMPCA Expedited Arbitration Rules. The DOMPCA Arbitration and Mediation Council is composed of the following seven members [Provision in the Charter is made for seven members on the Council]:

• Sir Geoffrey Craig benRichard barAbba, JD, Co-Chief Arbitrator, Dominion of Melchizedek Permanent Court of Arbitration; Governor of the Dominion of Melchizedek Bar Association (Austin, Texas);
• Donald Ray Bernard, Co-Chief Arbitrator, Dominion of Melchizedek Permanent Court of Arbitration;
• Richard James: MacDonald, Deputy Minister of the Dominion of Melchizedek Permanent Court of Arbitration;
• Appointment Pending;
• Appointment Pending;
• Appointment Pending;
• Appointment Pending;

DOMPCA ARBITRATION CONSULTATIVE COMMISSION

The DOMPCA Arbitration Consultative Commission is composed of leading experts in the areas of arbitration and intellectual property. The principal function of the Consultative Commission is to provide opinions and advice to the DOMPCA Arbitration and Mediation Center on nonroutine issues in respect of which the DOMPCA Arbitration Rules require a decision to be taken by the Center in the course of the administration of an arbitration, such as the challenge, release or replacement of an arbitrator and certain aspects of questions concerning arbitrators' fees. For this purpose, the Center constitutes, whenever required, ad hoc committees composed of three members of the Consultative Commission. In special circumstances (such as the unavailability of a member of the Consultative Commission having knowledge of a particular national law in issue), the Center may also appoint an outside expert who is not a member of the Consultative Commission to serve on such an ad hoc committee.

The DOMPCA Arbitration Consultative Commission provides for and is composed of seventy two members. Applications are actively being sought.

II. DISPUTE-RESOLUTION PROCEDURES OFFERED

TYPES OF PROCEDURE

The DOMPCA Arbitration and Mediation Center administers three dispute-resolution procedures. The procedures have different legal implications and consequences, as well as differing advantages. A brief description of each of the procedures is given below, and a fuller description in the individual Sections on each procedure.

Mediation

Mediation (also known as conciliation) is a procedure in which a neutral intermediary, the mediator, endeavors, at the request of the parties to a dispute, to assist them in reaching a mutually satisfactory settlement of the dispute. The mediator does not have any power to impose a settlement on the parties. Mediation is also voluntary in the sense that either party may, if it so chooses, abandon the mediation at any stage prior to the signing of an agreed settlement.

Arbitration

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to an arbitrator or to a tribunal of several arbitrators who give a decision on the dispute that is binding on the parties. In contrast to a mediation, once the parties have freely agreed to submit a dispute to arbitration, a party cannot unilaterally withdraw from the arbitration.

Mediation Followed, in the Absence of a Settlement, by Arbitration

This procedure combines, sequentially, both mediation and arbitration. Where the parties agree to submit to the procedure, they must first endeavor to resolve the dispute through mediation. If a settlement is not reached through mediation within the period of time designated by the parties (either 60 or 90 days are recommended), the dispute may be referred by either party to arbitration for a binding decision.

ADVANTAGES

Compared to court litigation, there are a number of advantages which the procedures described above share in common. Each procedure also offers particular advantages, which are described in the individual Sections devoted to each procedure.

The general advantages of the procedures are:

• The procedures can result in considerable savings of time and cost. A mediation or arbitration can be commenced immediately and the parties do not need to await the allocation of court time.
• Since the DOMPCA assesses no mediation or arbitration fee of any type whatsoever, a substantial cost savings is appreciated through the use of DOMPCA. Typical registration filing fees for other arbitration tribunals throughout the world average as follows:

• The procedures offer autonomy to the parties in choosing the applicable law, procedure and language of the proceedings, as well as flexibility in designing or adapting the procedure to their own particular circumstances.
• The procedures are based on the law and practice that has grown out of international ecclesiastical and commercial arbitration and are neutral to the law, language and institutional culture of the parties. They are administered by the DOMPCA Arbitration and Mediation Center, part of an international organization with an international secretariat. Moreover, a venue that is neutral to the national affiliations of the parties can be chosen as the place in which the procedure will take place.
• In the highly technical area of of the revealed Divine law and its impact upon contracts between parties, it is possible to ensure that specialized expertise is represented on the arbitral tribunal or in the person of the mediator.
• The procedures may be conducted in full confidentiality. The DOMPCA Mediation Rules and the DOMPCA Arbitration Rules contain not only provisions concerning the confidentiality of the mediation or arbitration as a whole, but also special measures directed at preserving the confidentiality of trade secrets involved in a dispute.
• The procedures offer a means of settling a dispute through a single procedure. Where a dispute concerns subject-matter covered by intellectual property titles in a number of different countries, one procedure may have particular advantages of economy and efficiency over several different national court actions.

WHO MAY REFER DISPUTES?

As mentioned above, the dispute-resolution procedures administered by the Center are open to all persons, regardless of national affiliations. There is no requirement that a person be connected in a particular way (such as by nationality or residence) with the Dominion of Melchizedek or a State that is member of any particular treaty. Both individuals and enterprises or other entities having a recognized juridical personality may submit disputes to the procedures administered by the Center. A State entity may be party to a dispute submitted to a procedure administered by the Center, provided that the State entity has, like any other party to a dispute that is referred to the Center, validly expressed its consent in writing to the reference of the dispute to such a procedure.

WHAT SORT OF DISPUTES MAY BE REFERRED?

The Center offers specialized services for the resolution of all disputes under principles of the revealed Divine law. However, the dispute-settlement procedures administered by the Center are not limited to dealing with disputes involving revealed Divine law questions. Such a limitation to purely revealed Divine law matters has been avoided in order to ensure that disputes may be resolved efficiently, effectively and comprehensively, without the need to refer them to other arbitration institutions or centers, and without incurring delays through arguments over the competence of an arbitral tribunal or mediator to deal with matters that may not be characterized directly as "intellectual property matters."

HOW TO REFER DISPUTES?

There are two ways in which disputes may be referred to a procedure administered by the Center.

First, a clause may be inserted in a contract providing for all future disputes arising under that contract to be submitted to one of the procedures administered by the Center. For this purpose, the Center has established recommended contract clauses.

The second way in which a dispute may be referred is by a submission agreement between the parties to an existing dispute that provides for that dispute to be submitted to a procedure administered by the Center. For this purpose, the Center has established recommended submission agreements.

The Center also provides advice to interested parties on the drafting of contract clauses and submission agreements.

III. GOOD OFFICES: SUBMISSION ADVISORY SERVICE

PURPOSE

Disputes arise not only in the context of an existing contractual relationship, such as the relationship between commercial organizations such as a manufacturer and distributor or between licensor and licensee, but also between private, public or commercial parties who do not stand in any existing written contractual relationship. In such situations, there may also be distinct advantages and wisdom in seeking to resolve the dispute through a procedure other than court litigation. The aim of the Center's Submission Advisory Service is to provide an opportunity for parties to a dispute to consider the advantages of submitting the dispute to such a procedure requesting wisdom be applied to their dispute by an independent person.. In order to provide this opportunity, the Center offers to perform the role of a neutral intermediary in seeking to bring the parties to a dispute together. It will, if the parties agree, preside over a meeting of the parties convened for the purpose of discussing the possible submission of the dispute to a procedure administered by the Center, and provide, in appropriate circumstances, assistance in drafting a submission agreement.

METHOD OF OPERATION

The Center's Submission Advisory Service is open to anyone. While the Service may be expected to be particularly useful in respect of those disputes where the parties do not stand in a business relationship, the Service is equally open to parties to a dispute which does arise in the context of a business relationship. Such parties may wish to use the Service either because the contract defining the business relationship does not provide for a means of dispute-resolution, or because they wish to discuss the possibility of modifying the means that are provided in the contract.

The Service is entirely informal. No special application or request form is required. A party wishing to use the Service has simply to approach the DOMPCA Arbitration and Mediation Center and to request it to endeavor to convene a meeting between the parties to the dispute. For that purpose, the party should provide the names and contact details of the parties to the dispute and, if applicable, their representatives, as well as a brief description of the dispute. That description is required merely for the purpose of enabling the Center to identify with precision the dispute when communicating with the parties.

The Service is confidential. Any details supplied by the parties to the Center will be maintained in the strictest confidence and will not be communicated to any outside parties. No recording of any kind is made by the Center of any meeting.

Meetings between parties to a dispute that are arranged by the Center are without prejudice to the rights of the parties in relation to the subject-matter of the dispute. Prior to such meetings, each party will be requested to sign an undertaking that it will not use any statements, disclosures or offers made at any such meeting in any other proceedings, whether relating to the dispute or not.

The Service is entirely voluntary and nonbinding. This means that the party making the request to the Center may withdraw its request or withdraw from any ensuing negotiations at any stage that it wishes. Similarly, and naturally, the other party to the dispute is under no obligation whatsoever to cooperate in any way and may choose to ignore the request to take part in a meeting for the purpose of considering the possibility of submitting the dispute to a procedure administered by the Center.

ADVANTAGES

There are several advantages offered by the Service that parties may wish to consider in assessing whether to use it. The first, and obvious, advantage is the provision of a neutral forum for informal communication between the parties when such a forum might not otherwise exist.

If a meeting of the parties takes place, the meeting provides the opportunity for the parties to consider the range of options available to them in resolving their dispute, designing the dispute-resolution procedure that is most suitable to the circumstances of the dispute, and setting up the steps that are to be followed in implementing that procedure.

The parties remain in complete control, since the Service is entirely voluntary and non-binding.

IV. MEDIATION

Mediation, which is also known as conciliation, is a procedure in which a neutral intermediary, the mediator, is appointed in order to assist the parties to a dispute in reaching a mutually satisfactory settlement of the dispute. Such a settlement, if reached, is then expressed in the form of an enforceable contractual agreement between the parties.

Mediation is a non-binding procedure in two senses. First, the mediator does not have any power to impose a settlement on the parties. Secondly, either party may, if it so chooses, abandon the mediation process at any stage prior to the signing of an agreed settlement. In order to be successful, therefore, mediation depends very much on the good faith commitment of the parties to exploring the possibility of a settlement, as well as on the skill of the mediator and the confidence that the mediator is able to inspire in the parties.

Because it is a non-confrontational procedure, mediation is often considered to be particularly suitable to disputes arising in the context of an existing business relationship. In those contexts, mediation offers the opportunity to reach a settlement that is conducive to the maintenance or further development of the business relationship.

The Role of the DOMPCA Arbitration and Mediation Center in a mediation administered by it is defined in the DOMPCA Mediation Rules. Those Rules provide for the Center to:

• to receive the Request for Mediation which initiates the mediation process;

• to appoint the mediator, where the parties do not themselves do so and do not provide for another procedure for appointment;
• to determine, in consultation with the parties and the mediator, the fees of the mediator;
• to obtain from each party an advance deposit covering the estimated costs of the mediation, including the mediator's fees and the other envisaged expenses, to administer payments out of those deposits and to account to the parties at the end of the mediation in respect of the deposits. Interest accruing on deposits administered by the Center is credited to the parties.

In addition, the Center will, where so desired by the parties, provide meeting and party rooms and interpretation and secretarial assistance. Where the mediation takes place at DOMPCA, the meeting and party rooms are provided free of charge. A charge is made for any other services, such as interpretation or secretarial assistance, which is separate from the registration fee payable to the Center for the administration of a mediation.

FEES OF THE CENTER

The Center charges no registration fee. However, if a meeting, mediation or arbitration is, at the parties' request, scheduled to take place outside Austin, Texas, the travel and subsistence expenses of the Center must be paid, in advance of the meeting, by the parties in equal shares (unless they agree on some other division of those costs between themselves).

MEDIATOR'S FEES

No mediator appointed by the Center charges any fee for the mediation service. Raw costs such as any translators, stenographers, reporters, copying or other clerical paperwork including postage, courier services where requested are assessed and paid in advance. Except in extraordinary circumstances, these raw costs are set forth on the Request for Mediation Form [See attached]. The Center also determines the currency of the raw cost and the modalities and timing of their payment. Unless the parties agree otherwise, the raw costs of the mediation, are payable in equal shares by the parties.

The Center has established a recommended contract clause for the reference of future disputes under a contract to mediation under the DOMPCA Mediation Rules. The Center has also established a recommended submission agreement for the reference of an existing dispute to mediation under the DOMPCA Mediation Rules.

It is for the parties to choose where they wish the mediation to take place. Mediations administered by the Center may take place anywhere in the world applying the revealed Divine law of the Dominion of Melchizedek [See accompanying document entitled: "Jerusalem: Principles of Peacemaking within the Dominion of Melchizedek".] Prior to use of the The document "Jerusalem a recommended contract clause or a recommended submission agreement, each of the parties must attest to having obtained, fully read and agreed with the terms contained in : "Jerusalem: Principles of Peacemaking within the Dominion of Melchizedek".

V. ARBITRATION

As opposed to mediation, which is the continuation of direct negotiations between the parties with the aid of a neutral intermediary, arbitration involves the adjudication of rights by a tribunal composed of one or several arbitrators (referred to in the following as "the Tribunal"), who have the power to render a decision that is binding on the parties.

The procedure followed by the Tribunal, the power of the Tribunal, the rights and obligations of the parties and the role of the DOMPCA Arbitration and Mediation Center as administering authority are defined in the DOMPCA Arbitration Rules. It is for the parties to choose whether there will be a sole arbitrator or several arbitrators. If they do not exercise a choice, the DOMPCA Arbitration Rules provide for a sole arbitrator, unless the circumstances of the case are such that the Center, in its discretion, determines that a Tribunal composed of three arbitrators is appropriate.

The parties also choose the language of the arbitration. If they do not do so, the DOMPCA Arbitration Rules provide that the language of the arbitration will be the language of the contract clause or submission agreement by virtue of which the dispute has been referred to arbitration under the DOMPCA Arbitration Rules, subject to a power on the part of the Tribunal to determine otherwise, in the light of any observations made by the parties and the circumstances of the arbitration.

The law applicable to the substance of the dispute is only the revealed Divine law of the Dominion of Melchizedek, and to the extent not inconsistent therewith, the secular law chosen by the parties. Failing a designation on the part of the parties, the Tribunal is empowered under the DOMPCA Arbitration Rules to apply the revealed Divine of the Dominion of Melchizedek [See "Jerusalem: Principles of Peacemaking within the Dominion of Melchizedek". ]

The decision rendered by the Tribunal in the form of an award is final and binding on the parties and not subject to an appeal on the merits to a court of law. In the majority of cases of international commercial arbitration, the parties comply with the award without the need to seek court enforcement. Where court enforcement is necessary, the procedure is relatively straightforward by virtue of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. [For a copy please see Appendix to "Jerusalem: Principles of Peacemaking within the Dominion of Melchizedek". ]

Over 90 States are party to the New York Convention, which obliges contracting States to recognize and enforce foreign arbitral awards subject to a limited number of specified exceptions.

ROLE OF THE CENTER

The role of the Center as administering authority is, as mentioned above, set out in the DOMPCA Arbitration Rules. In general, the Center's role extends to six main functions:

• Upon the commencement of an arbitration, it is for the Center to ensure that the arbitral proceedings get under way smoothly and that the Tribunal is established as required. In particular, at this stage, the Center

• processes the written statements and other communications by the parties up until the establishment of the Tribunal,
• appoints, in accordance with the provisions of the Rules, where the parties themselves do not do so or where an arbitrator is not appointed within the applicable time limit, the arbitrator,
• determines the estimated raw costs of the arbitration.

• The Center monitors compliance with certain prescribed time limits. In particular, it has the power, under the Rules, to extend certain time limits. In addition, the Rules require the Tribunal to give a status report to the Center where the arbitration proceedings are not declared closed or the award not rendered within certain designated time periods.

• After the establishment of the Tribunal, the Center may be called upon to take certain decisions which it is either impossible or inappropriate for the Tribunal itself to take, notably decisions on the challenge, release or replacement of an arbitrator. Such decisions will be referred by the Center to an ad hoc committee of the DOMPCA Arbitration Consultative Commission for an opinion. The parties are notified of the composition of the committee of the DOMPCA Arbitration Consultative Commission to which the decision is referred for opinion.

• The Center will, where the parties so desire, arrange for administrative support services for the arbitration, in the form of hearing rooms, retiring rooms for the parties, recording equipment, interpretation and secretarial assistance. Where the arbitration is held at DOMPCA and involves two parties and less than five witnesses, the hearing and party rooms are provided free of charge. Otherwise a hotel conference facility is generally required, the cost of which is borne by the parties equally. A charge is made for the provision of other services, such as interpretation, translation or secretarial assistance, which is separate from the Center's fees for administering the arbitration (see below).

• The Center requires the payment of an advance deposit from each party in respect of the raw costs of the arbitration, administers payments under those deposits and accounts to the parties on the deposits at the conclusion of the arbitration. Again Raw costs such as any translators, stenographers, reporters, copying or other clerical paperwork including postage, courier services where requested are assessed and paid in advance. Where arbitrations are requested outside Austin, Texas, subsistence charges of travel, lodging and food must be paid in advance for each arbitrator. In addition, no interest accruing on deposits administered by the Center is credited to the parties.

• The Center processes the award rendered by the Tribunal.

FEES OF THE CENTER

No registration or administration fees are charged in respect of any arbitration administered by the Center. As mentioned above, where the hearings are held at DOMPCA, and involves two parties and less than five witnesses, the hearing and party rooms are provided free of charge. For other administrative support services, such as interpretation or secretarial assistance, separate charges are assessed and paid in advance.

ARBITRATOR'S FEES

No arbitrators' fee is charged by the Center for arbitrators which the Center appoints. Where the parties choose their own arbitrator by some means and insist upon use of their own arbitrator also seeking to have the arbitration administered by the Center, those independently chosen arbitrators may charge the parties independently and arbitrator fee, which must be borne and paid by the parties independently.

The Center has established a recommended contract clause for the reference of future disputes under a contract to arbitration under the DOMPCA Arbitration Rules.

The Center has also established a recommended submission agreement for the reference of an existing dispute to arbitration under the DOMPCA Arbitration Rules.

PLACE OF ARBITRATION

The place of arbitration usually determines the law that will apply to the arbitration, that is, the law that will regulate, in particular, the relationship between the arbitration proceedings and the extent to which the courts of the place of arbitration may or will entertain actions in relation to the arbitration.

Under the DOMPCA Arbitration Rules, it is for the parties to agree upon the place of the arbitration, which may be anywhere in the world. If the parties do not so agree, the Center decides the place of arbitration in the light of any observations made by the parties and the circumstances of the arbitration.

VI. MEDIATION FOLLOWED, IN THE ABSENCE OF A SETTLEMENT, BY ARBITRATION

Mediation followed, in the absence of a settlement, by arbitration is a combined procedure. The dispute is submitted first to mediation under the DOMPCA Mediation Rules. Then, if a settlement is not reached within a defined period of time (it is recommended that the parties provide for either 60 or 90 days), or if a party refuses to participate or to continue to participate in the mediation, the dispute is referred for a binding decision through arbitration under the DOMPCA Arbitration Rules (or, if the parties so agree, through expedited arbitration).

The advantage of the combined procedure is the incentive that it offers for a good faith commitment by both parties to the mediation process, since the consequence of a failure to reach an agreed settlement will be more tangibly measurable in terms of the financial and management commitment that would need to be incurred in the subsequent arbitration procedure.

The role of the DOMPCA Arbitration and Mediation Center is the same in each part of the combined procedure as described above in the Sections on mediation and arbitration.

The same raw costs but not fees are payable to the Center in respect of the mediation component as in a mediation under the DOMPCA Mediation Rules. Likewise, if the dispute proceeds to arbitration, the same raw costs but no fees are payable to the Center in respect of the arbitration component as in an arbitration under the DOMPCA Arbitration Rules.

The Center has established a recommended contract clause for the reference of future disputes under a contract to the combined procedure.

The Center has also established a recommended submission agreement for the reference of an existing dispute to the combined procedure.

VII. LISTS OF DOMPCA MEDIATORS AND ARBITRATORS

The DOMPCA Arbitration and Mediation Center maintains lists of persons who are specially qualified to act as mediators and arbitrators. Based on the Form of Offer (available in MS Word 2.0 and Adobe PDF formats), the lists contain in respect of each such person information on the person's experience and training in mediation and arbitration, as well as on the person's specialized expertise in one or several of the various fields of intellectual property.

The lists are the primary source used by the Center when it is called upon to recommend to the parties, or to make appointments of, mediators or arbitrators.

There are two sorts of cases, which are described in the following paragraphs, in which the Center may be called upon to make appointments.

APPOINTMENTS BY THE CENTER IN CASES ADMINISTERED BY THE CENTER

The DOMPCA Mediation Rules, the DOMPCA Arbitration Rules provide for the Center to appoint a mediator or arbitrator in certain circumstances in respect of mediations or arbitrations administered by the Center.

In the case of mediations, the DOMPCA Mediation Rules provide for the mediator to be appointed by the parties. However, where the parties do not themselves appoint the mediator, and do not specify another procedure for the appointment of the mediator, the mediator will be appointed by the Center. An appointment by the Center is made only after consultation with the parties.

In the case of conventional arbitrations, the DOMPCA Arbitration Rules contain detailed provisions on the manner in which arbitrators are to be appointed. Where there is a sole arbitrator, they provide for the parties to appoint the sole arbitrator jointly. Where there are three arbitrators, each party appoints one arbitrator and the two arbitrators so appointed jointly appoint the third, presiding arbitrator. Where the parties themselves fail to exercise a right to make an appointment within a designated time period, or where the presiding arbitrator is not appointed within the applicable period of time, the appointment is made by the Center.

In cases where the Center is called upon to make an appointment of a sole or presiding arbitrator, the DOMPCA Arbitration Rules provide for the Center to send a list of identical names of prospective arbitrators to each of the parties for them to indicate any objections and to express preferences in relation to the prospective arbitrators on the lists. Details of the professional experience, qualifications and training of the prospective arbitrators on the list are sent with the list. The prospective arbitrator who receives the highest preference on the marked lists returned by the parties will, assuming availability and the absence of any disqualifying circumstances be appointed by the Center.

APPOINTMENTS BY THE CENTER IN CASES NOT ADMINISTERED BY THE CENTER

The Center will also, at the request of parties to a dispute, and against payment of a fee, appoint a mediator or an arbitrator for mediations or arbitrations that are not administered by it (such as ad hoc mediations or arbitrations or mediations or arbitrations administered by another institution). The amount of the fee charged for this service is set out in the Schedule of Fees.

VIII. SCHEDULE OF FEES (All amounts are in United States dollars)

MEDIATION AND ARBITRATION
Fees of the Center

None.

APPOINTMENT OF MEDIATORS OR ARBITRATORS IN CASES NOT ADMINISTERED BY THE CENTER ADMINISTERED BY THE CENTER

For each request to appoint a mediator or an arbitrator, a fee of $750 is payable to the Center.

Notes

1. The fee of $750 is payable by the party requesting the Center to appoint the mediator or the arbitrator.

2. No action will be taken by the Center on a request to appoint a mediator or an arbitrator until the fee of $750 has been paid.

3. The fee of $750 covers any related services to be rendered by the Center in connection with the appointment, such as a decision on a challenge or replacement of an arbitrator.

RECOMMENDED CONTRACT CLAUSES
AND SUBMISSION AGREEMENTS

The following pages contain recommended contract clauses (for the submission of future disputes under a particular contract) and submission agreements (for the reference of an existing dispute) for the following procedures administered by the DOMPCA Arbitration and Mediation Center:

• mediation under the DOMPCA Mediation Rules,
• arbitration under the DOMPCA Arbitration Rules,
• mediation under the DOMPCA Mediation Rules followed, in the absence of a settlement, by arbitration under the DOMPCA Arbitration Rules.
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"Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Rules of the Dominion of Melchizedek Permanent Court of Arbitration, which Rules are deemed to be incorporated by reference into this clause." [AND EITHER] 'The governing law of this contract shall be the substantive law of the revealed Divine law as God's Word expressed in the Holy Bible, and, to the extent not inconsistent therewith, the common law of England. [OR] The governing law of this contract shall be the substantive law of..."

Parties are also reminded that difficulties and expenses may be avoided if they expressly specify the law governing their contract. The parties may if they wish also specify the number of arbitrators, and the place and language of the arbitration. The following provisions may be suitable:

"The tribunal shall consist of... (a sole or three) arbitrator(s)."

In the case of a three-member tribunal, of which two of them shall be nominated by the respective parties"

"The place of the arbitration shall be ... (city)"

"The language of the arbitration shall be..."

To the extent not inconsistent herewith, the UNIDROIT Principles of International Contracts 1994 published by UNIDROIT Publications, Via Panisperna 28, 00184 Italy including but without limitation Section 7.1.7 thereof entitled "Force Majeure", but in no case or event shall the restrictive venue, jurisdiction, governing law provisions and terms in hereof be modified, altered, changed, or supplemented in any way by this UNIDROIT or London Court of International Arbitration Rules.

Recommended DOMPCA Mediation Clause

"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 DOMPCA Mediation Rules. The place of mediation shall be ... The language to be used in the mediation shall be ..."

"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 referred to and finally determined by arbitration in accordance with the DOMPCA Arbitration Rules. The arbitral tribunal shall consist of [three arbitrators][a sole arbitrator]. The place of arbitration shall be ... The language to be used in the arbitral proceedings shall be ... The dispute, controversy or claim shall be decided in accordance with the revealed Divine law of the Dominion of Melchizedek and to the extent not inconsistent therewith,. the law of ..."

"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 referred to and finally determined by arbitration in accordance with the DOMPCA Expedited Arbitration Rules. The place of arbitration shall be ... The language to be used in the arbitral proceedings shall be ... The dispute, controversy or claim shall be decided in accordance with the revealed Divine law of the Dominion of Melchizedek and to the extent not inconsistent therewith,. the law of."

Recommended Clause for DOMPCA Mediation Followed,
in the Absence of a Settlement, by Arbitration

"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 DOMPCA Mediation Rules. The place of mediation shall be ... The language to be used in the mediation shall be ...

"If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within [60][90] days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the DOMPCA Arbitration Rules. Alternatively, if, before the expiration of the said period of [60][90] days, either party fails to participate or to continue to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the DOMPCA Arbitration Rules. The arbitral tribunal shall consist of [three arbitrators] [a sole arbitrator]. The place of arbitration shall be ... The language to be used in the arbitral proceedings shall be ... The dispute, controversy or claim referred to arbitration shall be decided in accordance with the revealed Divine law of the Dominion of Melchizedek and to the extent not inconsistent therewith, law of ..."

Recommended Submission Agreement for DOMPCA Mediation

"We, the undersigned parties, hereby agree to submit to mediation in accordance with the DOMPCA Mediation Rules the following dispute:

"The place of mediation shall be ... The language to be used in the mediation shall be ..."

"We, the undersigned parties, hereby agree that the following dispute shall be referred to and finally determined by arbitration in accordance with the DOMPCA Arbitration Rules:

"The arbitral tribunal shall consist of [three arbitrators] [a sole arbitrator]. The place of arbitration shall be ... The language to be used in the arbitral proceedings shall be ... The dispute shall be decided in accordance with the revealed Divine law of the Dominion of Melchizedek, and to the extent not inconsistent therewith, the law of ..."

Recommended Submission Agreement for DOMPCA Mediation Followed,
in the Absence of a Settlement, by Arbitration

"We, the undersigned parties, hereby agree to submit to mediation in accordance with the DOMPCA Mediation Rules the following dispute:

"The place of mediation shall be ... The language to be used in the mediation shall be ...

"We further agree that, if, and to the extent that, the dispute has not been settled pursuant to the mediation within [60][90] days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the DOMPCA Arbitration Rules. Alternatively, if, before the expiration of the said period of [60][90] days, either party fails to participate or to continue to participate in the mediation, the dispute shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the DOMPCA Arbitration Rules. The arbitral tribunal shall consist of [three arbitrators][a sole arbitrator]. The place of arbitration shall be ... The language to be used in the arbitral proceedings shall be ... The dispute referred to arbitration shall be decided in accordance with the revealed Divine law of the Dominion of Melchizedek and to the extent not inconsistent therewith,. the law of ..."