The expert process is managed in accordance with the terms of the expert agreement, and the expert must act. In principle, the appointment of an expert is binding and, as such, contractual between the parties. Alternatively, the provision may take effect as a recommendation to the parties by agreement of the parties. We, the undersigned parties, hereby agree to submit the following question to the expert in accordance with the WIPO Expert Rules: Once an expert has been appointed, the parties shall enter into an agreement with the expert on the terms of the expert agreement or other reasonable terms that the expert may request. The determination of the assessor in accordance with WIPO`s rules of expertise can only take place with the consent of both parties. In the event of future disputes/discrepancies arising from a contract, the parties will include an expert clause in the respective contract. An existing dispute or discrepancy may be referred to an expert opinion by means of a submission agreement between the parties. Unlike mediation, a party cannot unilaterally withdraw from the expert proceedings. The identification of experts is not like a legal procedure and has very little in common with them or with expert evidence. In the case of an expert`s report, the expert trains the court and makes the decision, and he is in no way a witness. The CEDR can help by proposing appropriate experts to act as key experts on our panel. We also take care of all aspects of the expert agreement.
These include: In addition to choosing an expert with the appropriate qualifications, the parties can choose important elements such as the language of the expertise or the location of a meeting. Any dispute or difference between the parties arising out of, from or in connection with [describe the scope of the matter referred to in the Expert Opinion] under this Agreement and any subsequent amendments to this Agreement shall be referred to the Expert Report in accordance with the WIPO Rules of Expertise. The expert`s decision is not binding on the parties. The language to be used in the expertise is [Specify language]. The expert`s decision is not binding on the parties. The language to be used in the expertise is [Specify language]. 15. Following the decision, neither party will use the Expert or IDRC (or any employee, consultant, officer, or representative of IDRC) as witnesses, advisors, arbitrators, or experts in any dispute or arbitration relating to the Dispute, and the Expert and IDRC will not voluntarily act in that capacity. Expertise is often used in conjunction with other dispute resolution procedures and can be used as a complement to mediation. This can happen when an authority independent of the ombudsperson(s) is required to take a binding decision on an important issue.
The use of expert advice offers parties the opportunity to resolve a part of a dispute that they would prefer not to negotiate. Obtaining an expert`s decision can break an impasse and allow mediation to continue without this blockage, and this allows the mediator to remain completely impartial. Expert procedure: After the appointment, the expert wants to determine the procedure. The expert will attempt to agree on the procedure with the parties and, if no agreement can be reached, the expert`s instructions will prevail. Procedural instructions may cover one or all of the following: The identification of an expert is a private process involving an independent technical expert. They make a binding decision on technical rather than legal issues and have the power to ask questions of the parties before making their decision. [brief description of the subject-matter of the expert decision in accordance with the subject-matter] Expert appraisal is a procedure in which a dispute or difference between the parties is submitted, by agreement of the parties, to [or more] experts who make a decision on the matter before it. The provision is binding unless the parties have agreed otherwise. Expert decisions can be more informal and faster than broader processes such as arbitration. The expertise may be used independently or in arbitration, mediation or legal proceedings. The expert identification agreement contains a timetable containing a list of contentious issues for the identification of experts and three annexes: Annex 1 – Confidentiality agreement for the representatives of the parties to the expert appraisal, Annex 2 – Standard procedure for expert opinion and Annex 3 – Fees and costs of expertise. Further information on the expert procedure can be found in the following DEDC documents: The non-binding assessment of the case by the expert may encourage the parties to continue negotiations aimed at resolving the dispute.187 3.4.2 Expert agreement As in the case of mediation, the parties may agree to refer their dispute to the decision of an expert by either in a contract prior to the expert agreement.
Anticipate the emergence of a dispute. 188 or by concluding an agreement on the referral of a dispute which has given rise to expert proceedings. Subject to specifically defined exceptions, the WIPO Rules protect in particular the confidentiality of the existence of the expert finding, any disclosure in the course of such proceedings and the resulting decision. 1. The appointment of an IDRC expert shall appoint an expert to resolve the dispute and shall have the exclusive right to do so in that proceeding. The parties agree that the expert shall settle the dispute by expert decision. The expert will act as an expert witness and not as an arbitrator or legal advisor. .