(d) Upon completion or completion of the expert appraisal, the Center shall render to the parties an account of all deposits made and shall return to the parties the unencumbered balance or require payment of any amount owed by the parties. (iv) the ability of the expert to carry out the expert decision with reasonable speed; (b) Unless otherwise agreed by the parties and the expert, the amount of the fees shall be calculated on the basis of the indicative hourly or daily rates fixed in the scale in force on the date of receipt of the request for expert opinion by the Center, taking into account the amount concerned. the complexity of the issue to be assessed, the comparable rates applicable to an expert in the field concerned and any other relevant circumstances of the case. (a) The party wishing to initiate expert review shall submit a request to the Centre through firstname.lastname@example.org using the model application. At the same time, it sends a copy of the application to the other party and to OCSSP. (a) Any person participating in the expert opinion, in particular the parties and their representatives and advisers, the expert and the Centre, shall respect the confidentiality of the expert opinion and shall not use or disclose to third parties the expert opinion or information relating to the expert report or obtained only in the course thereof. including its existence, except to the extent that: (d) Except at the request of a court or with the written approval of the parties, the expert shall act only as an expert in any pending or future judicial, arbitral or other proceeding relating to the matter submitted for notice. The reference to the WIPO expert decision is consensual. WIPO expertise can only take place if both parties have agreed on such a procedure by means of a WIPO expertise clause in the relevant contract or a WIPO expertise agreement. Any request regarding the processing of personal data by the WIPO Center may be addressed by e-mail to email@example.com, stating the reasons for such request. b) Unless otherwise agreed by the parties, the expert report shall be suspended until it is replaced. (iii) disclosure is required in legal proceedings relating to expert opinion; or (a) failure by a party to respond to the request does not prevent the Center and the expert from complying with the expert`s decision. (c) If a party fails to make the required deposit within 15 calendar days of written notification by the Center, the Center shall notify the parties so that one of them may make the required payment.
If the deposit is not paid as scheduled, the Centre may terminate the appraisal. (iii) a description of the matter to which the expert relates; Except in cases of wilful misconduct, the Expert, WIPO and the Center shall not be liable to any party for acts or omissions related to the determination of the Expert. Subject to specifically defined exceptions, the WIPO Rules protect in particular the confidentiality of the existence of the notice, of any disclosure made in the course of such proceedings and of the resulting finding. The appointment of an expert is in principle binding and, as such, has a contractual effect between the parties. Alternatively, the provision may enter into force by agreement between the parties as a recommendation to the parties. „Expert Agreement“ means an agreement between the parties to submit to the expert opinion all or part of the questions that have arisen or may arise between them; an expert agreement may take the form of an expert clause in a contract or a separate contract; In the absence of an expert agreement between the parties, a party wishing to propose that a dispute be submitted for expert opinion may submit a unilateral request for expert expertise from WIPO in writing to the WIPO Arbitration and Mediation Center and the other party, in accordance with Article 5 of the WIPO Rules on Expert Fortress. The WIPO Center may assist the parties in reviewing the request for expertise. Any dispute or controversy between the parties arising out of [describe the scope of the matter submitted for expert opinion] under this Agreement and any subsequent amendment to, arising out of or relating to this Agreement shall be submitted to the Expert Determination Rules in accordance with the WIPO Expert Determination Rules. The expert`s decision is not binding on the parties. The language to be used in the expert decision shall be [specify language]. The costs of the expert opinion, including administrative fees and the fees and expenses of the expert, shall be borne equally by the parties, unless otherwise agreed (WIPO Fortress of Experts Rules, Articles 23 and 24).
(a) The start date of the expert opinion shall be the date on which the request for an expert opinion is received by the Centre. (b) The expert may order that all documents submitted in languages other than the language of the expert report be accompanied by a translation in whole or in part into the language of the expert`s report. Under WIPO rules, the parties may jointly select an expert. If the parties have not agreed on the person of the expert or on any other procedure for appointing the expert, the expert shall be appointed by the Centre after consultation with the parties. The Center has access to experts with expertise in intellectual property issues in a wide range of technical and business fields. This allows the Centre to propose and nominate appropriate experts for the issue in question. (c) If, at any time during the expert`s decision, new circumstances arise which could give rise to reasonable doubts as to the impartiality or independence of the expert, the expert shall immediately inform the parties and the Center. (a) If a request for an expert opinion is not submitted jointly by the parties, the party that did not file the request may respond to it within 14 calendar days of the commencement of the expert determination procedure. (viii) information on legal or other dispute resolution proceedings initiated or closed in relation to the matter submitted for the opinion; and The language to be used in the expert decision is [specify language]. `finding` means the expert`s decision referred to in Article 17 of these Rules of Procedure on the matter which is the subject of the expert`s decision; `expert` means the sole expert appointed by the Centre in accordance with Article 9 of this Regulation; In addition to selecting an appropriately qualified expert, parties may choose such important elements as the language of the expert decision or the location of a meeting. (a) If, prior to the determination, the parties agree to a settlement of the matter submitted for expert opinion, the expert shall terminate the expert opinion.
The WIPO Arbitration and Mediation Center („WIPO Center“) provides mediation, arbitration and expert investigation services under the WIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination Rules („WIPO Rules“) and related non-profit alternative dispute resolution (ADR) services. (f) It is understood that, in accepting the appointment, the expert undertook to allow sufficient time for the expert opinion to be completed expeditiously. The expert, if appointed before the deadline for filing the response to the request, (i) the names, addresses, telephone, e-mail or other communication numbers of the parties to the expert report and of any representative of the party making the request for an expert`s report; A party who knows that a provision or requirement of these Rules or an instruction given by the expert has not been complied with and who nevertheless proceeds with the expert`s decision without immediately objecting to such non-compliance shall be deemed to have waived his right to object.