A North-American software developer had registered a trademark for communication software in the United States and Canada.  A manufacturer of computer hardware based elsewhere registered an almost identical mark for computer hardware in a number of Asian countries.  Both parties had been engaged in legal proceedings in various jurisdictions concerning the registration and use of their marks.  Each party had effectively prevented the other from registering or using its mark in the jurisdictions in which it holds prior rights.  In order to facilitate the use and registration of their respective marks worldwide, the parties entered into a coexistence agreement which contains a WIPO arbitration clause.  When the North-American company tried to register its trademark in a particular Asian country, the application was refused because of a risk of confusion with the prior mark held by the other party.  The North-American company requested that the other party undertake any efforts to enable it to register its mark in that Asian country and, when the other party refused, initiated arbitration proceedings.