Experts In International Dispute Resolution: 'The ICC’s Rules For Expertise'

On 1 January 2008, Nicholas Gould became chairman of the Standing Committee of the ICC International Centre for Expertise for a three year period. In this article, he summarises the ICC's Rules for Expertise which came to force on 1 January 2003 ("the Rules").

The Rules recognise that experts with particular knowledge in technical, legal, financial and other fields may well be used in a variety of situations. One of those could of course be to compliment an international commercial arbitration. The Rules are however complimentary to three services provided by the ICC:

The proposal of experts;

The appointment of experts; and

The administration of expertise proceedings.

The ICC is in a unique position as its network of 90 national committees around the world provides the ICC with direct links to government and business worldwide. The ICC therefore has access to a network of experts in a wide range of fields internationally. The ICC's International Centre for Expertise ("the Centre") is assisted by a Standing Committee. The Standing Committee comprises a chairman, two vice chairmen and eight further members for a three year renewable term. These individuals are drawn from around the world, thus adding to the international perspective of the ICC.

The Rules for Expertise are divided into five main sections:

Section I: General Provisions;

Section II: Proposal of Experts;

Section III: Appointment of Experts;

Section IV: Administration of Expertise Proceedings; and

Section V: Miscellaneous.

The General Provisions describe the three distinct processes offered by the ICC as follows:

"The International Centre for Expertise (the "Centre") is a services centre of the International Chamber of Commerce (ICC). The Centre can perform one or more of the following functions in connection with domestic or international business matters:

Proposal of experts

Upon the request of any physical or legal person(s) or any court or tribunal (a "Person"), the Centre can provide the name of one or more experts in a particular field of activity, pursuant to Section II of these Rules. The Centre's role is limited to proposing the name of one or more experts. The Person requesting a proposal may then contact directly the proposed ex a proposal may then contact directly the proposed ext(s), and, as the case may be, agree with such expert(s) on the scope of the appropriate mission and fees. There is no obligation to make use of the services of an expert proposed by the Centre. The proposal of an expert may be useful in many different contexts. A person may require an expert in connection with its ongoing business activities or in connection with contractual relations. A party to an arbitration may wish to obtain the name of a potential expert witness. A court or arbitral tribunal which has decided to appoint an expert may seek a proposal from the Centre.

Appointment of experts

The Centre will appoint an expert, pursuant to Section III of these Rules, in situations where the parties have agreed to the appointment of an expert and have agreed to use the Centre as the appointing authority or where the Centre is otherwise satisfied that there is a sufficient basis for appointing an expert. In such cases the appointment by the Centre shall be binding on the parties. The Centre's role is limited to appointing the expert in question,

Administration of expertise proceedings

When the...

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