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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 Administration of Expert Proceedings (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.
When disputes or differences arise, parties may wish to have recourse to an expert who can provide findings on specified issues through expert proceedings administered by the ICC. Such issues may concern specialist areas such as accounting, finance, engineering, information technology, construction, energy and law. The expert may be a physical person or a legal person, such as a company or a partnership.
In the absence of an agreement of the parties to the contrary, the expert’s findings shall be non-binding and can be used by the parties as a basis for negotiations with a view to reaching a settlement of their dispute or differences. However, the parties may agree, subject to applicable law, that the expert’s findings shall constitute a contractually binding expert determination. In all cases, an expert appointed under the Rules is not an arbitrator, and the expert’s findings are not enforceable like an arbitral award. Unless otherwise agreed by the parties, the expert’s report shall be admissible in any judicial or arbitral proceedings between the same parties.
The Centre will administer expert proceedings pursuant to the Rules when all of the parties have agreed to refer a dispute to the Rules or where the Centre is otherwise satisfied that there is a sufficient basis for administering expert proceedings under the Rules. In administering the proceedings, the Centre appoints the expert in the absence of a joint nomination by the parties, coordinates between the parties and the expert, initiates the appropriate steps to encourage the expeditious completion of the expert proceedings, supervises the financial aspects of the proceedings and scrutinizes the expert’s report.