The existence of an arbitral agreement, that is, "an agreement to appoint one or three arbitrators to make a decision on a dispute relating to private legal relationship, and to abide by that decision" between the disputing parties is an essential prerequisite.
When an arbitral agreement is reached and an application for arbitration is made to this Center, the resolution of a dispute shall be entrusted to three arbitrators, including at least one attorney-at-law and one patent attorney. If both parties desire to do so, each shall appoint one arbitrator, respectively, and this Center shall appoint the third arbitrator.
The arbitrators will designate the arbitration date and hold the hearing at a place designated by the Center. The arbitrators may also hold preparatory hearings as necessary to make necessary preparations such as organizing and supplementing the claims and submitting documentary evidence.
The arbitration proceedings will end when the arbitrators make an arbitral award. Except in special cases, an arbitral award may not be appealed and cannot be challenged in court.
An arbitral award has the same effect as force and effect as a final and binding judgment and may be enforced by obtaining an enforceability order from a court.