Casalonga UPC rules of procedure
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ARTICLE 4Response to the request

1. If the request is not submitted to the Centre by all the parties jointly, the Centre shall inform the other party to participate in mediation proceedings and allow it fifteen (15) days from receipt of Centre’s letter to respond on the request to the Centre -preferably by electronic means-.

2. Art. 3 Para 1 to 3 [1] applies mutatis mutandis.

3. After the response has been received the proceeding will be continued so that a Mediator may be appointed in accordance with Article 6 [2] :

a) Where a mediation agreement exists, as soon as the response of the other party has been received or the time limit in paragraph 1 above has expired;

b) in the absence of a mediation agreement, if the other party so agrees.
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[1-
1. A request shall be submitted -preferably by electronic means- to the Centre by all parties jointly or by one of them on the basis of the forms available on the Centre´s Website.
2. The Request shall set out in sufficient particularity :
a) the request that the dispute be referred to mediation under the Rules;
b) the names in full, addresses, telephone numbers, e-mail addresses or any other contact details of the parties and their representatives;
c) a succinct summary of the facts giving rise to the dispute including an indication of the intellectual property rights involved and the nature of any technology involved and if possible an assessment of its value;
d) a statement as to whether the parties have already agreed upon mediation and if so annexing a copy of the agreement;
e) any agreement as to the time limits for conducting the mediation, as to the language of the mediation, as to the location of any physical meetings or as to the joint nomination of a mediator or to the attribution to the Centre of the nomination of a mediator
f) any document or information which the applicant considers relevant to the dispute.
3. The Request is not registered unless it is accompanied by the payment of the administrative fees for opening the matter calculated in accordance with the scale of fees in effect on the date of the receipt of the request for mediation by the Centre. The administrative fee shall not be refundable unless the other party does not agree to mediate. In this case the Centre shall only keep the part of fee which covers the administrative expenses.

[2-
1. Unless the parties have otherwise agreed on the person of the Mediator or another procedure for appointing the Mediator, the appointment shall take place in accordance with paragraphs a to c
a The Centre call on the parties to appoint a Mediator, informing the parties of the list of mediators of the Centre. The Centre recommends at least five candidates in alphabetical order. The recommendation shall include a statement of each candidate’s qualifications.
b) Within one month of the recommendation, the parties shall agree on the appointment of the mediator from the short list. They may appoint a mediator who is on the Centre’s long list of mediators or who is not on the list. The Centre should accept the appointed mediator in case he fulfils the preconditions for mediators laid down in the Rules.
c) If the parties cannot reach an agreement or the chosen mediator does not fulfil the preconditions for a mediator, the Centre shall appoint the mediator after consulting with the parties. This appointment should respect the requirements set out by the parties or, in the absence of a prior agreement, consider the specificities of the dispute.