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.
WIPO Expert Determination Toolbox
- WIPO Expert Determination Rules
- Recommended WIPO Contract Clauses and Submission Agreements
- WIPO Clause Generator
- Unilateral Request for WIPO Expert Determination
- Schedule of Fees and Costs for WIPO Expert Determination
- Fee Calculator
- Neutrals
How to submit a Request for WIPO Expert Determination?
If an expert determination agreement between the parties exists (Article 5 of the WIPO Expert Determination Rules)
- The Request for Expert Determination should contain:
- A request that the dispute/difference be referred to expert determination under the WIPO Expert Determination Rules
- the names and full communication details of the parties and any representatives
- a copy of the expert determination agreement
- an indication of any rights and the nature of any technology involved
- any documents or other information which the party deems relevant to the determination
- observations on the scope and time frame of the expert determination
- any requests or observations relating to the appointment of the expert, including observations on the expected qualifications of the expert
- 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:
- A request that the dispute/difference be referred to expert determination under the WIPO Expert Determination Rules
- the names and full communication details of the parties and any representatives
- an indication of any rights and the nature of any technology involved
- any documents or other information which the party deems relevant to the determination
- observations on the scope and time frame of the expert determination
- any requests or observations relating to the appointment of the expert, including observations on the expected qualifications of the expert
- 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.
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:
- Should reply to the particulars of the Request for Expert Determination; and
- 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.
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, shares 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.
The WIPO Center collects, processes, shares 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:
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 the WIPO Data Privacy Notice and international best practices, including United Nations Personal Data Protection and Privacy principles.
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.
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.
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.
Note on the Use of Artificial Intelligence (AI) in WIPO ADR Proceedings
The WIPO Arbitration and Mediation Center (WIPO Center) recognizes that AI tools have the potential to improve the efficiency of WIPO Mediation, Arbitration, Expedited Arbitration, and Expert Determination proceedings. Any use of AI (including generative or other forms of AI) should be in accordance with the WIPO Rules and the general principles set out in this note.
1. General Principles
Participants in WIPO ADR Proceedings, including mediators, arbitrators, experts, parties, and their authorized representatives should ensure that AI use:
• Complies with any agreement of the parties relating to the proceedings;
• Is consistent with the applicable WIPO Rules, in particular, the obligations concerning confidentiality;
• Preserves the integrity, impartiality, and independence of the proceedings;
• Complies with the WIPO Center’s Guidelines on the Protection of Personal Data;
• Ensures that human judgment and decision-making remain central to the resolution of the dispute and that AI tools are not used as a substitute for independent exercise of one’s professional obligations; and
• Takes into account any legal duty, legislation, rules, codes of professional conduct which a participant may be subject to in connection with the use of AI or its outputs.
• Complies with any agreement of the parties relating to the proceedings;
• Is consistent with the applicable WIPO Rules, in particular, the obligations concerning confidentiality;
• Preserves the integrity, impartiality, and independence of the proceedings;
• Complies with the WIPO Center’s Guidelines on the Protection of Personal Data;
• Ensures that human judgment and decision-making remain central to the resolution of the dispute and that AI tools are not used as a substitute for independent exercise of one’s professional obligations; and
• Takes into account any legal duty, legislation, rules, codes of professional conduct which a participant may be subject to in connection with the use of AI or its outputs.
2. Accuracy of AI-Generated Output
Participants in WIPO ADR proceedings may use AI tools in a supportive function without delegating nor derogating from their respective responsibilities for their roles in the proceedings. They should exercise appropriate due diligence and discernment concerning the AI tools that they use, including as to the retention of information for training of AI models and compliance with applicable law, and assume full responsibility for any reliance placed on the output of such AI tools used.
Participants should note that AI tools may sometimes produce inaccurate, incomplete, or outdated information. They should also note that AI tools reflect the data on which they were trained, which may include embedded biases, lack transparency, or produce non-reproducible outputs.
Accordingly, when using AI tools, participants in WIPO ADR proceedings should ensure that outputs are critically reviewed and assessed in light of these limitations.
Participants should note that AI tools may sometimes produce inaccurate, incomplete, or outdated information. They should also note that AI tools reflect the data on which they were trained, which may include embedded biases, lack transparency, or produce non-reproducible outputs.
Accordingly, when using AI tools, participants in WIPO ADR proceedings should ensure that outputs are critically reviewed and assessed in light of these limitations.
3. Accountability; Non-Delegation of Personal Responsibility
Case-related communications, procedural decisions, substantive determinations, submissions and any material produced in the name of participants in WIPO ADR proceedings remain their personal responsibility.
Participants may use AI tools in a supportive function.
Use of AI tools does not diminish any participant’s full responsibility for the accuracy, integrity, lawfulness and final content of any material issued or used, in connection with the proceedings.
Participants may use AI tools in a supportive function.
Use of AI tools does not diminish any participant’s full responsibility for the accuracy, integrity, lawfulness and final content of any material issued or used, in connection with the proceedings.
4. Confidentiality
Pursuant to the WIPO Rules, information about, related to, and submitted in WIPO ADR proceedings is confidential unless otherwise agreed by the parties or required under applicable law.
AI tools should be treated as potentially disclosing any input to third parties unless clear and verifiable safeguards and measures against the retention of information and the sharing of training data are in place.
Accordingly, unless such safeguards and measures are established, confidential, sensitive, or non-public information relating to WIPO ADR proceedings, such as pleadings, evidence, draft decisions, deliberations, financial information, personal data, or case-related communications, should not be entered or uploaded into AI tools without ensuring adequate contractual, technical and/or organizational safeguards.
Parties should err on the side of caution and not upload any such information if the position concerning the AI tool’s confidentiality safeguards is unclear or unascertained.
AI tools should be treated as potentially disclosing any input to third parties unless clear and verifiable safeguards and measures against the retention of information and the sharing of training data are in place.
Accordingly, unless such safeguards and measures are established, confidential, sensitive, or non-public information relating to WIPO ADR proceedings, such as pleadings, evidence, draft decisions, deliberations, financial information, personal data, or case-related communications, should not be entered or uploaded into AI tools without ensuring adequate contractual, technical and/or organizational safeguards.
Parties should err on the side of caution and not upload any such information if the position concerning the AI tool’s confidentiality safeguards is unclear or unascertained.
5. Transparency in use of AI Tools
Mediators, arbitrators, and experts are encouraged to disclose and consult with participants in WIPO ADR proceedings on the use of AI tools, as appropriate.
Mediators, arbitrators, and experts may request the parties and their counsel to disclose their use or intent to use AI tools at any time of the proceedings and provide guidelines on the use of AI tools by the participants during the entire proceedings.
Mediators, arbitrators, and experts may request the parties and their counsel to disclose their use or intent to use AI tools at any time of the proceedings and provide guidelines on the use of AI tools by the participants during the entire proceedings.
6. Contact
Questions regarding the responsible use of AI in WIPO ADR proceedings may be addressed to the WIPO Arbitration and Mediation Center at arbiter.mail@wipo.int.