June 15, 1998 Austin, Texas

DOM announced that publication of the rules of the Permanent Court of Arbitration are now available at the web site:

Update:  Arbitration Court rules are being moved to a page on the melchzizedek.com site.

The significant differences that distinguish this Court of Arbitration from other mediation forums are as follows:

What is the DOMPCA Arbitration and Mediation Center?

The purpose of the DOMPCA Arbitration and Mediation Center, which was established in 1997 administered jointly by the Dominion of Melchizedek Bar Association and the Dominion of Melchizedek Permanent Court of Arbitration (DOMPCA) in Austin, Texas, 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 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, 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 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
Deputy Minister: Richard James: MacDonald

Dominion of Melchizedek Permanent Court of Arbitration

E-Mail: richard@caprica.com