WIPO Expert Determination Case Filing Guidelines


Referral to WIPO expert determination is consensual. WIPO expert determination can only take place if both parties have agreed to such procedure by means of a WIPO expert determination clause in the relevant contract, or by means of a WIPO expert determination submission agreement.

In the absence of an expert determination agreement between the parties, a party that wishes to propose submitting a dispute to expert determination may submit a unilateral Request for WIPO Expert Determination in writing to the WIPO Arbitration and Mediation Center and to the other party, in accordance with Article 5 of the WIPO Expert Determination Rules. The WIPO Center may assist the parties in considering the Request for Expert Determination.

How to submit a Request for WIPO Expert Determination?

A WIPO expert determination is commenced by a party submitting a Request for Expert Determination in writing to the WIPO Center. The Request for Expert Determination may also be jointly filed by the parties to the expert determination agreement.

  • The Request for Expert Determination should contain:
  1. A request that the dispute/difference be referred to expert determination under the WIPO Expert Determination Rules
  2. the names and full communication details of the parties and any representatives
  3. a copy of the expert determination agreement
  4. an indication of any rights and the nature of any technology involved
  5. any documents or other information which the party deems relevant to the determination
  6. observations on the scope and time frame of the expert determination
  7. any requests or observations relating to the appointment of the expert, including observations on the expected qualifications of the expert
  8. information on any legal or other dispute resolution proceedings commenced or terminated in connection with the matter referred to expert determination

    (WIPO Expert Determination Rules, Article 5)

The requesting party should pay the administration fee to the WIPO Center as required by Articles 5(b)(ix) and 21 of the WIPO Expert Determination Rules and the Center’s Schedule of Fees and Costs. The WIPO Center recommends that the requesting party make mention of such payment when submitting the Request for Expert Determination to the WIPO Center. The fee paid will be considered when the WIPO Center in due course renders an accounting of all fees and deposits deposits (Article 23(d) of the WIPO Expert Determination Rules).

Costs of expert determination, including the administration fee and the fees and expenses of the Expert, shall be borne in equal shares by the parties, unless they have agreed otherwise (WIPO Expert Determination Rules, Articles 23, 24).

The requesting party may indicate in the Request for Expert Determination whether it proposes to use the WIPO eADR in the expert determination proceedings. WIPO eADR may be used by party agreement.

  • The Request for Expert Determination should contain:
  1. A request that the dispute/difference be referred to expert determination under the WIPO Expert Determination Rules
  2. the names and full communication details of the parties and any representatives
  3. an indication of any rights and the nature of any technology involved
  4. any documents or other information which the party deems relevant to the determination
  5. observations on the scope and time frame of the expert determination
  6. any requests or observations relating to the appointment of the expert, including observations on the expected qualifications of the expert
  7. information on any legal or other dispute resolution proceedings commenced or terminated in connection with the matter referred to expert determination

    (WIPO Expert Determination Rules, Article 6)

The filing of a Request for Expert Determination in accordance with Article 6 of the WIPO Expert Determination Rules is not subject to administration fee. If the parties agree to continue with the Expert Determination process, the administration fee required by Article 21 of the WIPO Expert Determination Rules and the WIPO Center’s Schedule of Fees and Costs will be applicable.

  • The Request for Expert Determination should be sent by e-mail or by expedited postal or courier service or by fax to:
Arbitration and Mediation Center
Geneva
Arbitration and Mediation Center
Singapore
34, chemin des Colombettes
P.O. Box 18
1211 Geneva 20
Switzerland
T +4122 338 8247
F +4122 740 3700
E arbiter.mail@wipo.int
Maxwell Chambers Suites
28 Maxwell Road #02-14
Singapore 069120

T +65 6225 2129
F +65 6225 3568
E arbiter.mail@wipo.int

The WIPO Center recommends that, where appropriate, the Request for Expert Determination is submitted by e-mail.

The other party (WIPO Expert Determination Rules, Articles 3, 5)

Upon receipt of the Request for Expert Determination, the WIPO Center shall inform the parties in writing of the receipt by it of such Request and of the date of commencement of the expert determination. (WIPO Expert Determination Rules, Article 7)

How to submit an Answer to the Request for WIPO Expert Determination?

When a Request for Expert Determination is not jointly filed by the parties, the party that has not filed the Request may submit, within 14 calendar days of the date of commencement of expert determination, an Answer to the Request.

  • The Answer to the Request:
  1. Should reply to the particulars of the Request for Expert Determination; and
  2. should be accompanied by any additional documents or other information which the party deems relevant to the Determination

    (WIPO Expert Determination Rules, Article 8)
  • The Answer to the Request should be sent by e-mail or expedited postal or courier service or by fax to:
Arbitration and Mediation Center
Geneva
Arbitration and Mediation Center
Singapore
34, chemin des Colombettes
P.O. Box 18
1211 Geneva 20
Switzerland
T +4122 338 8247
F +4122 740 3700
E arbiter.mail@wipo.int
Maxwell Chambers Suites
28 Maxwell Road #02-14
Singapore 069120

T +65 6225 2129
F +65 6225 3568
E arbiter.mail@wipo.int

The WIPO Center recommends that, where appropriate, the Answer to the Request is submitted by e-mail.

The requesting party (WIPO Expert Determination Rules, Article 3).

The expert, if appointed prior to the deadline for submitting the Answer to the Request

The other party may indicate in the Answer to the request whether it proposes to use the WIPO eADR in the expert determination proceedings. WIPO eADR may be used by party agreement.

Protection of Personal Data

The WIPO Arbitration and Mediation Center (“WIPO Center”) provides mediation, arbitration and expert determination services under the WIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination Rules (“WIPO Rules”), and related alternative dispute resolution (ADR) services, on a not-for-profit basis.

The WIPO Center collects, processes and stores personal data of mediators, arbitrators, experts, parties, their authorized representatives, fact and expert witnesses and other individuals that may be identified or identifiable in any information submitted to the WIPO Center in the context of WIPO ADR proceedings (“participants in WIPO ADR proceedings”) for the sole purpose of administering proceedings under the WIPO Rules, both during their pendency and after their conclusion, consistent with its mandate. Personal data processed by the WIPO Center will not be used for any purpose outside the WIPO Center’s mandate, without your consent.

What personal data does the WIPO Center collect?

The conduct of WIPO ADR proceedings requires that personal data is processed that relates to participants in WIPO ADR proceedings.

The WIPO Center may obtain the following personal data about participants in WIPO ADR proceedings:

  • names and contact details,
  • financial information (including banking details),
  • other personal data submitted to the WIPO Center in connection with WIPO ADR proceedings by participants in WIPO ADR proceedings, or available from publicly available resources.

How does the WIPO Center use your personal data?

The WIPO Center is committed to ensuring the highest level of protection of personal data. Personal data processed by the WIPO Center is handled in accordance with international best practices including the Personal Data Protection and Privacy Principles adopted by the United Nations High-Level Committee on Management at its 36th meeting in October 2018.

The processing of personal data collected by the WIPO Center is limited to what is necessary in relation to the conduct of WIPO ADR proceedings under the WIPO Rules, taking into account relevant rights and interests. Personal data is processed in accordance with confidentiality requirements in the WIPO Rules.

Appropriate physical and technical measures are implemented by the WIPO Center for both electronic and paper data to protect the security of personal data, including against or from unauthorized or accidental access, damage, or loss. WIPO ensures that its IT service providers afford appropriate protection for personal data transferred to them.

What rights do you have over your personal data?

The WIPO Center ensures a policy of transparency regarding the processing of personal data, as appropriate. Participants in WIPO ADR proceedings may have access to personal data processed by the WIPO Center and may be granted the opportunity to rectify it, object to its processing, or request its deletion, insofar as the purpose for which personal data is processed is not frustrated.

Any request in relation to the processing of personal data by the WIPO Center may be submitted by email to arbiter.mail@wipo.int, specifying the reasons of said request.