Leave us a Message

The New ICC Expert Rules 2015 Launched

Back to News

The International Chamber of Commerce’s - International Centre for ADR launched the new ICC Expert Rules which came into effect on 1st February, 2015. The new Rules will replace the ICC Rules for Expertise 2013 with three sets of standalone rules which are:

 

  • ICC Rules for the Proposal of Experts and Neutrals
  • ICC Rules for the Appointment of Experts and Neutrals
  • ICC Rules for the Administration of Expert Proceedings

 

The new Rules will apply retroactively to all prior agreements of the Parties to resolve disputes in accordance with the 2003 ICC Rules, unless otherwise agreed, as provided in Article 4(2) of the 2015 Rules.

The most notable changes introduced by the 2015 Rules are:

 

 

  1. The Rules apply to Experts and Neutral both.

  2. Written notifications or communications from the Centre and the expert may be made by email also under the Rules of Appointment and Administration of Expert proceedings.

  3. Before the ICC makes a proposal for the appointment of an expert or neutral, such expert or neutral must sign a statement of availability.

  4. If ICC cannot find an expert or neutral having all the attributes requested by the Parties, ICC can notify the Parties of the same and ask them if they wish to appoint more than one expert or neutral.

  5. The Administrative Rules provide in Article 6(1), expressly, for the conduct of proceedings in an expeditious and cost-effective manner.

  6. The expert may continue the proceedings and submit a report in the event of a disagreement between the parties with respect to the scope of his mandate, without prejudice to the arbitral tribunal or Court’s competence to determine and decide the scope.

  7. All three Rules provide for the independence and impartiality of expert and neutrals. They also provide that the request for appointment or proposal of expert or neutral or the administration of proceedings must contain the details of all persons and/or entities relevant for checking if a conflict of interest exists.

  8.  

The New Rules can be accessed here.

 

By : Adv. Niharika Dhall
info@lawsenate.com