Procedural Order in Case 13490

Procedural Order in Case 14079

In each of the two reported cases, the arbitral tribunal decided to have recourse to a tribunal-appointed expert to provide it with information and assistance it considered necessary for resolving the dispute. The need for independent expert opinions has grown with the increasing technicality and complexity of disputes today. These procedural orders record the conditions under which the appointments are to be made and the expert’s mission performed. They illustrate the kinds of considerations to which attention may usefully be given when arbitral tribunals exercise their power to appoint experts under Article 25(4) of the ICC Arbitration Rules:

The arbitral tribunal, after having consulted the parties, may appoint one or more experts, define their terms of reference and receive their reports. At the request of a party, the parties shall be given the opportunity to question at a hearing any such expert.

Readers are reminded that a procedural order is a decision made by a particular arbitral tribunal in the exercise of its duties under the ICC Arbitration Rules in light of the circumstances of the case. Unlike awards, procedural orders are not subject to scrutiny by the ICC International Court of Arbitration.

For the purpose of publication, the procedural decisions reproduced here have been redacted so as to remove names of parties and other details not indispensable for their intelligibility. The decisions are reproduced in their original language. The footnotes form part of the original texts, unless otherwise stated, but have been renumbered in a continuous sequence.