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Copyright © International Chamber of Commerce (ICC). All rights reserved.
( Source of the document: ICC Digital Library )
In force as from 1 February 2015
The ICC Rules for the Appointment of Experts and Neutrals (the “Rules”) are administered by the ICC International Centre for ADR (the “Centre”), which is a separate administrative body within the International Chamber of Commerce (the “ICC”). In administering the Rules, the Centre is assisted by a Standing Committee, the statutes of which are set forth in Appendix I.
The Centre will appoint an expert or a neutral pursuant to the Rules in situations where the parties 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 or a neutral. In such cases the appointment by the Centre shall be binding on the parties. An expert appointed under the Rules may be a physical person or a legal person, such as a company or a partnership. The Centre’s role is limited to the process of appointing the expert or neutral in question and the Centre does not administer any proceedings under the Rules.
There are various situations in which the parties may agree to have an expert appointed by the Centre. Experts from a broad range of specializations may be appointed. Such specializations include accounting, finance, engineering, information technology, construction, energy and law. The parties may agree to appoint an expert to give a contractually binding expert determination or to give non-binding advice. This can be in either a contentious or non-contentious context.
There are also various situations in which the parties may agree to have a neutral appointed by the Centre. An appointed neutral may serve as a mediator or dispute board member or may assist them with the resolution of a dispute in any similar procedure that is not administered by the ICC.