Expert Determination Agreement
Expert opinion is a procedure in which a dispute or difference between the parties is submitted, in agreement with the parties, to one or more experts who make a decision on the matter before it. The provision is binding, unless the parties have agreed otherwise. Contrary to the provision of expert arbitration is not guaranteed by law. This may make the process quicker and more efficient, but the downside is that, to the extent that the expert`s mandate is entirely dependent on the contract entrusted to him, he has no residual power exceeding the powers expressly conferred by the contracting parties. For example, an expert cannot call a third-party witness, even if that witness has information essential to the resolution of the dispute. 1.11 Each party will bear its own costs related to the reference to the expert. The expert`s fees and the costs he appropriately incurred in determining him (including the costs and possible costs of the consultants appointed by the expert) are borne by the parties [identical or in other shares than the expert in charge] 1.8 To the extent that this clause does not provide for it, the expert may, at his sole discretion, , define such other procedures to assist in the implementation of the provision, as it considers it fair or appropriate [including , if it deems necessary) professional advisors to help it reach its destination. The provisions of the experts of the resolution institute contain the requirements for fairness and impartiality, the general obligations of the parties, the instructions that the expert may determine, submissions and types of evidence, confidentiality obligations, meetings, timing of determination and what it should contain. The regulation also contains a royalty plan. In principle, an expert`s finding is binding and, as such, has a contractual effect between the parties.
In addition, the provision may take effect by party agreement as a recommendation to the parties. Choose the expert`s determination if you want a process tailored to the parties. The parties agree on whether the identification will be legally binding, such as the extent of confidentiality, the scope of the issues, the process and date of filing documents and other evidence, the role of the experts retained by the parties, the timing and participation in meetings, etc. Under WIPO rules, parties can 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 is appointed by the Centre after consultation with the parties. The Centre has access to experts with specialized knowledge that is relevant to intellectual property issues in a wide range of technical and business fields.