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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
This Guide to ICC Expertise was produced under the auspices of the ICC Commission on Arbitration and is based on the work of the Task Force on Guidelines for ICC Expertise Proceedings chaired by Hilmar Raeschke-Kessler.
Part 1: Introduction
1. The International Chamber of Commerce (ICC) issued its Rules for Expertise (the 'Rules') for use by persons (both natural persons and corporate bodies), arbitral tribunals and State courts in connection with business disputes in international and domestic contexts. They entered into force on 1 January 2003 and replace the 1993 Rules for Expertise.
2. The Rules are administered by the ICC International Centre for Expertise (the Centre), which is run by ICC as part of its Dispute Resolution Services. The Rules apply only when requests pursuant to the Rules are submitted to the Centre in Paris.
3. The Centre provides three distinct services:
(1) it proposes the name of one or more expert(s) (Part 2),
(2) it appoints one or more expert(s) (Part 3),
(3) it administers expertise proceedings (Part 4).
Each of these services is set out independently and in detail in a separate section of the Rules, avoiding cross-references.
4. Experts with specialized knowledge in technical, financial, legal or other fields may be needed in various contexts to make findings on factual or legal issues.
5. The services provided by the Centre are designed to give users complete freedom and autonomy in determining the type of services an expert is to perform. The information about the issue at stake provided by the requesting person to the Centre is crucial. As the Centre's core task is to match the information it has received from the requesting person with an expert suitable for the mission to be performed, this information needs to be appropriately detailed.
6. It may be difficult in an international context to find a suitable expert. The Centre is in the unique position of being able to draw on the experience of ICC and its numerous national committees, each with access to the leading national experts in a given field. This broad base allows the Centre to find an expert sensitive to the economic and cultural environment in which his or her task is to be performed.
7. Unless the parties agree otherwise, experts should be and remain independent of the parties while performing their tasks.
8. The amount due to the Centre for proposing or appointing an expert is US$ 2,500. This amount is multiplied by the number of experts to be proposed or appointed. There will be no charge, however, for a proposal made at the [Page20:] request of an arbitral tribunal appointed and operating under the ICC Rules of Arbitration.
The amount due to the Centre for administrating an expertise under Section IV of the Rules is related to the scope of the services rendered by it. The minimum amount will be US$ 2,500 and the maximum 15% of the total expert's fee.
Part 2: Overview of the Rules
I. The International Centre for Expertise
Section I of the Rules describes the Centre and the three specific services it offers.
All requests to the Centre under the Rules shall be filed by post, fax or e-mail and addressed to
ICC International Centre for Expertise
38 cours Albert 1er
75008 Paris - France
Fax : + 33 1 49 53 29 29
e-mail: expertise@iccwbo.org
II. Summary of the three services
1.1 The Centre's services relating to the proposal of one or more experts are set out in Section II of the Rules. Anyone may request the Centre to provide the name of one or more experts in a specific field of activity. When a request is made under Section II of the Rules, the Centre will select and provide the name of a suitable person, whom it knows to be an expert in the field described in the request.
1.2 The Rules (Article 1.1.A) give three examples of situations in which a request for a proposal may be placed with the Centre. They do not exclude other possible situations.
(1) A person may require an expert in connection with its ongoing business activity or in connection with contractual relations. Example: A contract may oblige a seller of electric equipment made according to the buyer's specifications to provide a certificate that the goods delivered comply with the safety regulations in force in the buyer's country at the time of delivery. If so requested by the seller, the Centre will provide the name of an expert in the field of safety regulations related to electric equipment in the buyer's country. (2) A party to an arbitration may wish to obtain the name of a potential expert witness. (3) An arbitral tribunal or State court that has decided to appoint an expert may seek a proposal from the Centre.
1.3 The Centre will select one or more experts in the field as described in the request. Once it has provided the requesting person with the name and contact [Page21:] details of the expert, all future dealings are exclusively between the requesting person and the expert proposed, and the Centre has no further involvement. The Centre will not inform any other person of the request unless asked to do so by the requesting party.
It is for the requesting person to contact the expert, determine the mission that the expert shall perform and agree on the price for the service rendered by the expert. The requesting party is of course free to make no use at all of the proposal it has received from the Centre. Upon further request, the Centre may in addition appoint the expert and/or administer the expertise proceedings.
2.1 The Centre's services relating to the appointment of one or more experts are set out in Section III of the Rules. In most cases the parties must have agreed to have an expert appointed in a specific situation and to use the Centre as appointing authority at the request of one of them.
Example: A contract relating to the sale of bulk products to be shipped overseas may require an assessment to be made by an expert at the port of unloading if the buyer has justifiable doubts as to the quality or quantity of the goods unloaded, with the Centre being called upon to appoint the expert.
2.2 An agreement between two or more parties to vest the power of appointment in the Centre is not always required, however. An expert may also be appointed by the Centre if it is otherwise satisfied that there is a sufficient basis for it to make the appointment.
2.3 The Centre will select one or more experts in the field as described in the request. The appointment of an expert under Section III of the Rules is binding on the parties.
Once the Centre has provided the parties involved with the contact details of the appointed expert, it has no further involvement and all future dealings are solely between the parties and the expert. It is for the parties to contact the expert, determine the mission that the expert shall perform and agree on the price for the services rendered by the expert. Upon further request by the parties, the Centre may in addition administer the expertise proceedings.
3.1 The Centre's services relating to the administration of expertise proceedings are set out in Section IV of the Rules.
In most cases the parties must have contractually agreed to have expertise proceedings administered by the Centre in a specific situation. At the request of a party under Section IV of the Rules and subject to the contractual conditions being met, the Centre will select and appoint an expert and administer the expertise proceedings until the expert has performed his or her duties.
Example: A sales contract relating to company shares may call for assessment by an expert in order to adjust the purchase price if the parties are unable to agree on the balance sheet of the year preceding the purchase. A contract clause may [Page22:] empower the Centre to appoint an expert at a party's request and provide for the expertise proceedings to be administered by the Centre.
3.2 The Centre will select one or more experts in the field as described in the request. It will then administer the expertise proceedings.
The Centre may also confirm an expert already appointed by the parties and administer the expertise proceedings.
The Rules also allow for the Centre to administer expertise proceedings if it is otherwise satisfied that there is a sufficient basis for it to do so.
III. The request to the Centre and its contents Articles 2, 5 and 9
1. Any request by one or more persons for the proposal or appointment of one or more experts or for the administration of expertise proceedings must be sent to the
Fax: + 33 1 49 53 29 29
Requests for proposals may be made by any physical person, corporate body, arbitral tribunal or State court. Requests for appointment and administration would normally be made only by physical persons or corporate bodies.
2. Any request must be specific in order to enable the Centre to process it properly and to perform its function in accordance with the Rules.
2.1 Each person filing a request must state its name, address, telephone number and, if any, fax number and e-mail address. In the case of a request for the administration of expertise proceedings, if other persons are involved in the proceedings, their contact details must also be given. These details enable the Centre to communicate easily with all persons involved, once it has received a request.
2.2 The request must specifically state which of its three services the person is requesting the Centre to perform: the proposal of one or more experts, the appointment of one or more experts or the administration of expertise proceedings by the Centre.
2.3 The requesting person must describe the field of activity and the background required of the expert, as well as any desired qualifications the expert should possess, including his or her education, language skills, professional experience or knowledge of the country and culture involved, which may have a bearing on the task the expert is expected to perform. In addition, the requesting person should also state any attributes that the expert should not possess.
This description is the most important part of the request. It should therefore be comprehensive. This will enable the Centre to choose a suitable expert for [Page23:] the work expected to be carried out by him or her. The content of this description will depend very much on the type of services the expert is expected to render and the conditions under which his or her duties are to be performed.
Example: A request is made by a US party for the proposal of an expert for the purpose of rendering a written expert opinion to be submitted by the requesting party in an arbitration related to the adjustment of the purchase price for the majority of shares in a French company acquired by the requesting party. The books of the company are in French, the share transfer agreement is in English and the clauses related to the purchase price call for the application of 'generally accepted accounting principles'. The requesting party seeks a qualified professional auditor, bilingual in French and English, who has experience of generally accepted accounting principles as applied in France and the USA. This is the information it should give in its request. If the requesting party feels that French nationals are likely to be more favourable towards French accounting practice, it could further request the Centre not to propose an auditor of French nationality, which it considers to be an undesirable attribute. Instead, it might ask that the expert be a Swiss national.
2.4 The requesting person must also describe any matters that would disqualify a potential expert.
2.5 The requesting party must describe the work the expert is expected to carry out, where it should take place and the desired time frame for completing such work.
Details relating to the work to be performed by the expert and the desired time frame are necessary additions to the description of the field of activity and desired qualifications of the expert. Full particulars are required to enable the Centre to select a suitable expert.
In the example given in 2.3 above, the requesting party should state that the expert is expected to prepare, within a given time frame, a written opinion in English as party-appointed expert on the disputed purchase price for the shares acquired under the share transfer agreement and that the requesting party will use the resulting report as evidence in the arbitration proceedings. It should also state that the expert will be expected to testify as party-appointed expert at an evidentiary hearing before the arbitral tribunal and that the language of the arbitration is English.
If the Centre is to appoint an expert or to administer expertise proceedings, the requesting parties must include in their request a copy of the agreement authorizing the Centre to act thus. They must also include a copy of any other documents on which their request is based.
IV. Legal effects of a request Articles 5(2) and 9(2)
1. Very often contracts provide or require that expertise proceedings shall begin on a specific date or during a given time period, with legal consequences if this [Page24:] condition is not met. In this case, the date on which the request for the appointment of an expert or the administration of expertise proceedings is received by the Centre is the date on which the proceedings commence.
Example: A long-term purchase agreement by instalments authorizes the seller, under specific conditions, to raise the sales price for future deliveries, the buyer being bound by the new price unless, within two weeks of receiving notification of the price increase, it initiates expertise proceedings to control whether the specific conditions have been met. The buyer submits a request for the appointment of an expert, which is received by the Centre on the last day of the two-week period, and thereby safeguards its legal position. The expertise proceedings provided for in the agreement will thus be deemed to have been initiated by the buyer in a timely fashion.
V. Notification of the request to other parties and communications Articles 2(3), 5(4), 6, 9(4) and 10
1. Since the request for the proposal of an expert is entirely unilateral, it is up to the requesting person whether or not to inform any other person of its request. The Centre will not inform any other persons of the request unless specifically asked to do so by the requesting person.
2. If the request is for the appointment of an expert or the administration of expertise proceedings, the Centre will inform all other parties involved in the appointment or expertise proceedings to which the request relates. For this reason, the requesting party must provide the Centre with as many additional copies of the request and its enclosures as there are other parties involved.
3. A request for the Centre to appoint an expert or administer expertise proceedings may be filed jointly by all parties involved. There will then be no need for one party to comment on the request of the other party. If, however, the request is made by one party only and the other parties object, or if the parties do not agree on the desired qualifications of the expert, the Centre must invite all other parties to make observations within a fixed time limit. Because these observations may have a bearing on which expert the Centre selects, any observations received in good time from one of the parties must be communicated by the Centre to all other parties for their comments within a fixed time limit. The same applies when the parties do not agree on the work to be performed by the expert pursuant to the request.
4. Each party to expertise proceedings has an obligation to keep the Centre informed of any change in its own address or that of its representative. The Centre will send all its notifications and communications to the last known address of the party or its representative.
5. The Centre may, at its discretion, use any of the following means of communication:
- delivery against receipt,
- registered post, [Page25:]
- courier,
- facsimile transmission,
- telex,
- telegram,
e-mail, or
any means of telecommunication that provides for a record of the sending.
VI. Tasks of the Centre once a request has been filed Articles 5(6) and 9(5)
1. As far as the proposal and appointment of experts are concerned, the Centre has full discretion to deal with the request as it sees fit.
2. The Centre may seek and select a potential expert through ICC's numerous national committees, which give it access to experts on a worldwide basis. It may also use any other available sources that may be considered appropriate to the circumstances of a particular request.
When seeking and selecting an expert, the Centre will consider whether he or she matches the requirements resulting from the information given by the requesting party or parties in the request. The Centre will check whether the prospective expert's qualifications, including language skills and cultural background, match the circumstances of the case. It will apply any agreement between the parties related to the expertise proceedings. When the Centre is to appoint the expert or administer the expertise proceedings, it must also consider any observations, comments or specific requests it has received in a timely fashion from any of the parties.
Finding the right expert pursuant to the request is the core task the Centre has to perform. It also has to ensure that the prospective expert is in fact available to perform the work expected of him or her within a reasonable time frame and that his or her place of residence is no obstacle to doing so.
3. When the Centre is to administer expertise proceedings, its main tasks are spelt out in the Rules. Accordingly, the Centre will:
- appoint an expert using the procedure under Section III of the Rules or confirm an expert agreed to by all of the parties;
- coordinate between the parties and the expert;
- initiate the appropriate steps to encourage the expeditious completion of the expertise proceedings;
- supervise the financial aspects of the proceedings;
- review the expert's final report and may lay down modifications only as to the form of the report;
- notify the expert's final report to the parties; and
- notify the termination of the expertise proceedings to the parties.
The details of the administrative tasks to be performed by the Centre during administered expertise proceedings will depend very much on the particular circumstances of the case. Unless the Rules say otherwise, the Centre has full discretion in its administration of the proceedings.[Page26:]
VII. The expert Articles 3, 7 and 11
1. Any expert selected by the Centre is required to be independent of the parties, unless they have agreed otherwise in writing. The Centre will ask any prospective expert it has selected to sign a statement of independence. If there are any facts or circumstances known to the prospective expert that might call his or her independence into question in the eyes of the parties to the expertise proceedings, he or she must disclose this information to the Centre in writing. The Centre will pass the information on to the requesting person, if it has been asked to propose an expert, or to all the parties, if it has been asked to appoint an expert or administer expertise proceedings. Comments will be invited within a time limit set by the Centre.
2. If an expert appointed by the Centre in administered expertise proceedings dies, resigns or is unable to carry out his or her functions, that expert shall be replaced.
Administered expertise proceedings are based on party autonomy. The parties may therefore mutually and jointly agree that an expert should be removed. The Centre will then replace the expert upon receipt of a written request to that effect from all parties to the expertise proceedings.
3. A party to administered expertise proceedings may be of the opinion that an expert does not have the necessary qualifications or is not fulfilling his or her functions properly. If that party is unable to agree with the other parties upon the expert's removal, it may request the Centre to replace the expert, stating its objections in the request. The Centre will then ask the expert and the other parties for their observations and comments and may, at its discretion, replace the expert if it considers the request to be based on valid reasons.
VIII. Features of administered expertise proceedings
1.1 In administered expertise proceedings, the expert's first task is to establish the expert's mission. This resembles the Terms of Reference an arbitral tribunal acting under the ICC Rules of Arbitration has to prepare at an early stage of the arbitration pursuant to Article 18 of the ICC Rules of Arbitration.
1.2 Prior to preparing the document setting out the expert's mission, the expert must consult the parties on its content. Consultation helps to ensure that the expert has properly understood the parts of the request relating to the work he or she is expected to perform. In addition, it allows the expert to discuss with the parties the procedure to be followed during the expertise proceedings. The expert may wish to consult the parties on the time frame of the different steps within the proceedings. The consultation process also enables the expert to secure any cooperation that might be needed from a party during the expertise proceedings.
Consulting the parties before setting out the mission allows the expert to organize his or her work efficiently at an early stage of the expertise proceedings [Page27:] and to take the expectations of the parties into account. The final decision on the content of the mission lies with the expert.
Example: In administered expertise proceedings, the expert is required to decide whether a power plant built and delivered by the contractor is performing according to the specifications of the contract. The expert may invite the parties to comment in writing within set time limits on the method(s) to be applied for the purpose of the expert determination. The expert may wish to inspect the power plant and interview those responsible for engineering. The expert must consult the parties on all these points prior to drafting the document setting out his or her mission.
1.3 To serve a useful purpose, the document describing the expert's mission must contain certain particulars, which include:
- the names, addresses, telephone and facsimile numbers and e-mail addresses of the parties;
- the name(s), address(es), telephone and facsimile numbers and e-mail address(es) of the expert or experts;
- the list of issues to be treated in the expert's report.
Example: In the expert determination proceedings relating to the power plant, such issues could be whether the technical specifications used in the contract are consistent with each other, the methods used by the expert to measure the performance of the power plant, and whether the findings of the expert concerning the performance of the power plant are consistent with the contractual requirements.
- This document shall also state the procedure which the expert shall follow and the place where the expertise proceedings shall be conducted.
Example: In the expert determination proceedings relating to the power plant, the document describing the expert's mission will state that (1) the parties may comment in writing, within a time limit set by the expert, on the technical specifications used in the contract and the methods to be used by the expert to measure the performance of the power plant; (2) the expert will then inspect the power plant and have test runs performed; (3) thereafter, the expert will hear the parties as to the results of the tests; and (4) the expert will then prepare the final expert's report.
- The document describing the expert's mission shall state the language that the expert will use in the expertise proceedings.
If the parties have not agreed on the language, the expert is to consider all relevant circumstances of the case in order to decide in which language he or she will conduct the proceedings: i.e. (1) the language of the contract, (2) the language of the negotiations and written documents exchanged between the parties prior to signing the contract, (3) the language used by the parties after entering into the contract.
1.4 Once the document setting out the expert's mission has been prepared and finalized, it must be communicated by the expert to the parties and to the Centre.[Page28:]
1.5 The expert must then prepare a provisional timetable in consultation with the parties. The provisional timetable must be communicated to the parties and to the Centre, as must any subsequent modifications to it.
1.6 The expert may modify the expert's mission at his or her discretion during the course of the expertise proceedings, if the circumstances of the case so require, but must consult the parties before doing so. Any modifications must be in writing and must be communicated to the parties and to the Centre.
1.7 The expert must proceed with the expertise proceedings within as short a time as possible.
During the expertise proceedings and prior to making his or her findings, the expert must give the parties the opportunity to be heard and/or make written submissions.
1.8 The expert must treat any information received from the Centre or a party during the course of the expertise proceedings as confidential and use it only for the purposes of the expertise proceedings.
2.1 The end product of administered expertise proceedings is a written report by the expert containing his or her findings on the subject matter.
The content of the expert's report should mirror the expert's mission. It should state the names and addresses of the parties and the expert(s). It should briefly:
- state the issues to be treated,
- describe the procedure the expert has followed,
- mention the sites or objects the expert has inspected,
- state the method(s) the expert has used in order to come to his or her findings, and
- state the expert's findings or conclusions.
The report should give answers to all issues listed in the expert's mission. If no answer to a particular issue needs to be given or a new issue is dealt with that was not listed in the expert's mission, the expert should give brief explanations.
2.3 The expert must submit his or her draft of the expert's report to the Centre in an unsigned version. This obligation resembles Article 27 of the ICC Rules of Arbitration, requiring any arbitral tribunal acting under the ICC Rules to submit its draft award for review to the ICC International Court of Arbitration. The Centre may require modifications to be made to the draft, but only with respect to its form. It may not require the expert to change the substance of the report, but may make suggestions related to its substance. It is then up to the expert to decide whether or not he or she wishes to follow those suggestions and include them in the report.
The final expert's report needs to be approved by the Centre. The expert may not sign the report until he or she has received the Centre's approval. However, the parties may agree in writing that the draft of the expert's report not be [Page29:] reviewed and approved by the Centre, which will then waive those requirements if it considers such waiver to be appropriate under the circumstances.
2.4 The expert shall sign the expert's report once the Centre has approved the draft. Since each party to the expertise proceedings and the Centre must receive a signed copy of the report, the expert must send as many copies of the signed report to the Centre as there are parties, plus one copy for the Centre.
2.5 The Centre will notify the expert's report to the parties and declare in writing that the expertise proceedings have been terminated. The expert may not communicate the report to the parties, either before or after signing it.
2.6 The content of the expert's report and its findings will not be binding on the parties to the expertise proceedings, unless they expressly agree otherwise.
Very often a party initiates expertise proceedings with the intention of introducing the expert's report as evidence in an arbitration or in an action before a State court. It may do so unless the parties to the expertise proceedings have agreed otherwise.
3.1 By agreeing to administered expertise proceedings, the parties agree to enable the expert to perform his or her functions. In particular, the parties must make available any document the expert may consider necessary. They must grant free access to any place the expert needs to inspect in order to complete his or her task.
Example: The expert required to determine the purchase price of shares in the example given above in II. 3.1 wishes to inspect the seller's books for the last three business years at the seller's place of business and to interview the staff responsible for its balance sheet accounting. The seller must make its books available to the expert at its place of business and allow the expert to interview its employees.
Sometimes a party to expertise proceedings chooses not to participate, despite having been invited to do so. Non-participation may obstruct the work of the expert, but it does not deprive the expert of the power to make findings and to render his or her report. However, the expert must in all events respect the parties' right to be heard and may therefore render the expert's report only after the obstructing party has had the opportunity to be heard and/or make written submissions and to participate in the expertise proceedings.
IX. Costs
1.1 The total cost for the proposal or appointment of an expert by the Centre is US$ 2,500. The payment of this amount, which is non-refundable, must accompany each request. It will normally be made either by money transfer to [Page30:] the bank account indicated by the Centre or by cheque made out to the International Chamber of Commerce (ICC). The Centre will not process any request when it has not received the full payment.
1.2 However, any request for the proposal of an expert filed by an arbitral tribunal acting under the ICC Rules of Arbitration will be free of charge. Here, the costs of the expertise proceedings are part of the ICC administrative costs of the arbitration under the ICC Rules of Arbitration.
Other arbitral tribunals or State courts that request the proposal of an expert will have to pay the full amount of US$ 2,500.
1.3 The cost of US$ 2,500 for a proposal or appointment by the Centre is for each expert proposed or appointed. If a request is for two experts the total non-refundable cost will be US$ 5,000, for three experts US$ 7,500, and so on.
The Centre will process the request for more than one expert only after it has received the full payment. If it has received a partial payment only, covering the proposal of at least one expert, it will nevertheless propose the expert(s) covered by the partial payment.
1.4 Again, there are no fees charged by the Centre if the request for the proposal of more than one expert is made by an arbitral tribunal acting under the ICC Rules of Arbitration.
2.1 The minimum non-refundable amount payable to the Centre for the administration of expertise proceedings is US$ 2,500. This amount must accompany each request for the administration of expertise proceedings. It should be made either by money transfer to the bank account indicated by the Centre or by cheque made out to the International Chamber of Commerce (ICC). The Centre will not process any request for which it has not received the full amount.
A party requesting the administration of expertise proceedings may have previously requested the Centre to propose or appoint an expert in the same matter under Sections II or III of the Rules. If this party has already paid the full amount of US$ 2,500, it does not need to pay again the non-refundable minimum fee of US$ 2,500.
2.2 The maximum amount of the administrative expenses due to the Centre will be 15% of the total expert's fees. They will be fixed at the Centre's discretion depending on the tasks carried out by it during the proceedings.
2.3 For the work performed, the expert shall receive fees calculated on the basis of the time reasonably spent in the expertise proceedings, using a daily rate fixed by the Centre in consultation with the expert and the parties. In addition, the expert shall be reimbursed for expenses reasonably spent on the matter.
2.4 To cover the likely amount of the administrative expenses due to the Centre and the fees and expenses due to the expert, the Centre will request the parties to deposit the necessary sum in addition to the non-refundable payment of [Page31:] US$ 2,500. The deposit is intended to cover the total costs of the expertise proceedings likely to arise.
The Centre will normally ask each party to pay an equal share of the total deposit requested. The administered expertise proceedings will go forward only when the Centre has received the full amount of the deposit as fixed.
2.5 The deposit is fixed by the Centre at the very beginning of the administered expertise proceedings on the basis of the information contained in the request. It may become apparent at a later stage of the proceedings that the initial deposit is unlikely to cover the total costs as initially anticipated. In that case, the Centre may adjust the deposit to an amount sufficient to cover the total costs of the expertise proceedings and request the parties to make additional payments.
The Centre may suspend the expertise proceedings if the parties fail to make the additional payments. It may set the parties a time limit for such payments and it may consider the expertise proceedings withdrawn if the time limit expires without the parties having paid the additional amount. Any party is free to pay the unpaid part of the deposit or costs due to the Centre by another party, in order to allow the proceedings to continue properly.
2.6 The Centre will determine and settle the total costs of the expertise proceedings upon their termination. Should the deposit received by the Centre not cover the total costs, the Centre will bill the parties for the outstanding balance. It will not notify the final expert's report to the parties until the balance has been settled.
If the deposit received by the Centre exceeds the total costs of the expertise proceedings, the Centre will refund the excess payment to the parties.
X. Miscellaneous Articles 15-17
1. A party may not sit silent while mistakes of procedure occur in the expertise proceedings and only later object to the final expert's report because of any such procedural mistake. It must immediately object to any failure by the Centre or the expert to comply with the procedure of the expertise proceedings.
The party is deemed to have waived its rights to object if it proceeds with the expertise proceedings without raising any objections relating to procedure that it could and should have raised with either the Centre or the expert in the event of their not complying with any aspect of the procedure (Article 15).
2. Article 16 of the Rules excludes the liability of the Centre, ICC and its personnel, the ICC national committees and the experts for any act or omission in connection with the expertise proceedings. It is similar to Article 34 of the ICC Rules of Arbitration.
3. It is impossible for rules of procedure to foresee all eventualities resulting from given circumstances. Article 17 of the Rules requires the Centre and any expert operating under the Rules to act in the spirit of the Rules in all matters not expressly provided for in the Rules. It is similar to Article 35 of the ICC Rules of Arbitration.