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The ICC Rules for the Administration of Expertise Proceedings are in force as of 1 February 2015.

Where, prior to the date of the entry into force of the Rules, the parties have agreed to refer their dispute to the administration of expertise proceedings pursuant to the ICC Rules for Expertise, they shall be deemed to have referred to the ICC Rules for the Administration of Expert Proceedings unless any of the parties objects thereto, in which case the ICC Rules for Expertise shall apply.

Preamble
Article 1Recourse to the Centre
Article 2Written Notifications or Communications
Article 3Selection of the Expert
Article 4Continued Impartiality and Independence of the Expert – Replacement of the Expert
Article 5Location and Language(s) of the Expert Proceedings
Article 6The Expert’s Mission
Article 7Procedural Timetable
Article 8The Expert’s Report
Article 9Scrutiny of the Expert’s Report by the Centre
Article 10Notification of the Expert’s Report and Termination of the Administered Expert Proceedings
Article 11Duties and Responsibilities of the Parties and the Expert
Article 12Fees and Costs
Article 13Waiver
Article 14General Provisions
Appendix I – Statutes of the Standing Committee
Article 1Composition of the Standing Committee
Article 2Meetings
Article 3Function and Duties of the Standing Committee
Article 4Confidentiality
Appendix II – Costs
Article 1Filing Fee
Article 2Administrative Expenses
Article 3Expert’s Fees and Expenses
Article 4Additional Costs for Objection and Replacement
Article 5Early Termination
Article 6Currency, VAT and Scope

Content

Preamble

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.

Article 1 – Recourse to the Centre

  1. Any request for the administration of expert proceedings (the “Request”) shall be submitted to the Centre. Any Request shall be processed by the Centre only when it is based upon an agreement for the administration of expert proceedings by the Centre or when the Centre is otherwise satisfied that there is a sufficient basis for administering expert proceedings.
  2. The Request shall include:
    1. the names, addresses, telephone numbers, email addresses and any other contact details of the parties to the dispute and any person(s) representing the parties in the proceedings;
    2. if applicable, the name and contact details of any person or entity relevant for checking potential conflicts of interest of the expert;
    3. a description of the dispute including, if possible, an assessment of its value;
    4. a description of the field of activity of the expert to be appointed;
    5. any desired attributes of the expert, including but not limited to education, qualifications, language skills and professional experience;
    6. any undesired attributes of the expert and a description of any matters that would disqualify a potential expert;
    7. a detailed description of the work to be carried out by the expert, including whether site visits will be required;
    8. the desired time frame for completing such work;
    9. any agreement as to the location of any physical meetings between the expert and the parties or, in the absence thereof, any proposal as to such location;
    10. any agreement as to the language(s) of the proceedings or, in the absence thereof, any proposal as to such language(s);
    11. any agreement that the findings of the expert shall be contractually binding on the parties or, in the absence thereof, any proposal to that effect; and
  3. Together with the Request, the party or parties filing the Request shall pay the non-refundable amount specified in Article 1 of Appendix II.
  4. The Centre shall acknowledge receipt of the Request and of the filing fee in writing to the party or parties that filed the Request.
  5. The Centre shall notify the other party or parties in writing of the Request once the Centre has sufficient copies of the Request and has received the filing fee required under Article 12.
  6. The date on which the Request is received by the Centre shall, for all purposes, be deemed to be the date of the commencement of the expert proceedings.

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Article 2 – Written Notifications or Communications

  1. All written communications submitted to the Centre by any party to the expert proceedings, as well as all documents annexed thereto, shall be supplied in a number of copies sufficient to provide one copy for the Centre, one copy for each party and one copy for each expert.
  2. All notifications or communications from the Centre and the expert shall be made to the last address of the party or its representative for whom the same are intended, as notified either by the party in question or by the other party. Such notification or communication may be made by delivery against receipt, registered post, courier, email or any other means of telecommunication that provides a record of the sending thereof.
  3. A notification or communication shall be deemed to have been made on the day it was received by the party itself or by its representative, or would have been received if made in accordance with the preceding paragraph.

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Article 3 – Selection of the Expert

  1. The parties may jointly nominate an expert for confirmation by the Centre.
  2. n the absence of a joint nomination of an expert by the parties, the Centre shall appoint an expert.
  3. Before appointment or confirmation, a prospective expert shall sign a statement of acceptance, availability, impartiality and independence. The prospective expert shall disclose in writing to the Centre any facts or circumstances which might be of such a nature as to call into question the expert’s independence in the eyes of the parties, as well as any circumstances that could give rise to reasonable doubts as to the expert’s impartiality. The Centre shall provide such information to the parties in writing and shall fix a time limit for any comments from them.
  4. In confirming or appointing an expert, the Centre shall consider the prospective expert’s nationality, residence, training and experience, and the prospective expert’s availability and ability to conduct the expert proceedings in accordance with the Rules.
  5. Where the Centre appoints an expert, it shall do so either on the basis of a proposal by an ICC National Committee or Group, or otherwise. The Centre shall make all reasonable efforts to appoint an expert having the attributes, if any, that have been agreed upon by all of the parties. If, despite such efforts, the Centre is not able to identify an expert having all of the attributes agreed upon by all parties, the Centre may ask the parties whether they wish the Centre to appoint more than one expert (who between them have the requested attributes), or whether the attributes agreed upon by the parties may be modified.
  6. Upon agreement of all of the parties, the parties may nominate more than one expert or request the Centre to appoint more than one expert, in accordance with the provisions of the Rules. In appropriate circumstances, the Centre may propose to the parties that there be more than one expert.
  7. The Centre may terminate the administered expert proceedings by notifying the parties that, in the judgment of the Centre, there has been a failure to nominate an expert or that it has not been reasonably possible to appoint an expert.

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Article 4 – Continued Impartiality and Independence of the Expert – Replacement of the Expert

  1. Every expert must be and remain impartial and independent of the parties involved in the expert proceedings, unless otherwise agreed in writing by such parties.
  2. An expert shall immediately disclose in writing to the Centre and to the parties any facts or circumstances of a similar nature to those referred to in Article 3(3) concerning the expert’s impartiality or independence which may arise during the expert proceedings.
  3. An expert confirmed or appointed by the Centre, who has died or resigned or is unable to carry out the expert’s functions, shall be replaced.
  4. An expert confirmed or appointed by the Centre shall be replaced upon acceptance by the Centre of a written request of all of the parties.
  5. If any party files a written objection with the Centre asserting that the expert does not have the necessary attributes, is not fulfilling the expert’s functions in accordance with the Rules or in a timely fashion, or is not independent or impartial, the Centre may replace the expert after having considered the observations of the expert and the other party or parties.
  6. When an expert is to be replaced, the Centre has discretion to decide whether or not to follow the original appointing process.

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Article 5 – Location and Language(s) of the Expert Proceedings

  1. In the absence of an agreement of the parties, the expert, after consulting the parties, shall determine the location of any physical meeting of the expert and the parties.
  2. In the absence of an agreement of the parties, the expert, after consulting the parties, shall determine the language(s) in which the expert proceedings shall be conducted.

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Article 6 – The Expert’s Mission

  1. The expert and the parties shall make every effort to conduct the expert proceedings in an expeditious and cost-effective manner, having regard to the complexity and value of the findings to be made in the expert’s report.
  2. As soon as the expert has received the file from the Centre, the expert, after having consulted the parties, shall set out the expert’s mission in a written document. That document shall be consistent with the Rules and any agreement of all of the parties. It shall be communicated to the parties and to the Centre and shall include:
    1. the names in full, descriptions, addresses and other contact details of the expert, of each of the parties and of any person(s) representing a party in the administered expert proceedings;
    2. addresses to which notifications and communications arising in the course of the administered expert proceedings may be made;
    3. a list of the issues on which the expert shall make findings in the expert’s report;
    4. the procedure to be followed by the expert; and
    5. the location of any physical meeting of the expert and the parties and the language(s) in which the administered expert proceedings will be conducted.
  3. Modifications to the expert’s mission may be made by the expert, in writing, only after consultation with the parties. Any such written modifications shall be communicated to the parties and to the Centre.
  4. In the event of a disagreement between the parties as to the scope of the expert’s mandate, the expert may continue with the administered expert proceedings to the extent the expert considers that the issues set out in the expert’s mission fall within the scope of the expert’s mandate. Unless otherwise agreed by all of the parties, the expert shall give reasons for such considerations. The continuation of the administered expert proceedings shall be without prejudice to any determination by an arbitral tribunal or a competent judicial authority as to the scope of the expert’s mandate.

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Article 7 – Procedural Timetable

Upon preparing the document setting out the expert’s mission or as soon as possible thereafter, the expert, after having consulted the parties, shall prepare a procedural timetable for the conduct of the administered expert proceedings. The procedural timetable shall be communicated to the parties and to the Centre. Any subsequent modifications to the provisional timetable shall be promptly communicated to the parties and to the Centre.

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Article 8 – The Expert’s Report

  1. The expert’s main task is to make findings in a written expert’s report within the limits set by the expert’s mission after giving each party a reasonable opportunity to present its case. Unless otherwise agreed by all of the parties, the expert’s report shall give reasons for the findings made.
  2. The findings of the expert shall not be binding on the parties, unless all of the parties expressly agree in writing that such findings shall be contractually binding upon them.
  3. Unless otherwise agreed by all of the parties, the expert’s report shall be admissible in any judicial or arbitral proceedings in which all of the parties thereto were parties to the administered expert proceedings in which such report was prepared.

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Article 9 – Scrutiny of the Expert’s Report by the Centre

  1. The expert’s report shall be submitted in draft form to the Centre before it is signed. The Centre may lay down modifications as to the form of the report and, without affecting the expert’s liberty of decision, may also draw the expert’s attention to points of substance. No report shall be communicated to the parties by the expert. No report shall be signed by the expert prior to the Centre’s approval of such report.
  2. The Centre may waive the requirements laid down in Article 9(1) if expressly requested to do so in writing by all the parties and if the Centre considers that such a waiver is appropriate under the circumstances of the case.

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Article 10 – Notification of the Expert’s Report and Termination of the Administered Expert Proceedings

The expert’s report, once signed by the expert, shall be sent to the Centre in as many copies as there are parties plus one for the Centre. Thereafter, the Centre shall notify the expert’s report to the party or parties and declare in writing that the administered expert proceedings have been terminated.

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Article 11 – Duties and Responsibilities of the Parties and the Expert

  1. The non-participation of a party in the administered expert proceedings does not deprive the expert of the power to make findings and render the expert’s report, provided that such party has been given the opportunity to participate.
  2. On agreeing to the application of the Rules, the parties shall provide the expert with all necessary means to implement the expert’s mission and, in particular, make available all documents the expert may consider necessary and also grant the expert free access to any place where the expert may be required to go for the proper completion of the expert’s mission. The expert shall give each party the opportunity to comment on any information or documents provided by any other party.
  3. Any information or documents given to the expert by the Centre or any party in connection with the administered expert proceedings shall be used by the expert only for the purposes of such proceedings and shall be treated by the expert as confidential.

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Article 12 – Fees and Costs

  1. Each Request must be accompanied by the non-refundable filing fee specified in Article 1 of Appendix II. This amount will be credited to the requesting party’s or parties’ portion of the deposit pursuant to Article 12(2). No Request shall be processed unless accompanied by the filing fee.
  2. Following the receipt of a Request, the Centre shall request the parties to pay one or more deposits in an amount likely to cover the administrative costs of the Centre and the fees and expenses of the expert for the administered expert proceedings, as set out in Articles 2 and 3 of Appendix II. The Centre may stay such proceedings until payment of such deposit has been received by the Centre, or the Centre may set a time limit on the expiry of which the administered expert proceedings may be considered withdrawn.
  3. Each written objection pursuant to Article 4(5) of the Rules must be accompanied by the non-refundable amount specified in Article 1 of Appendix II. No objection shall be processed unless accompanied by the requisite payment.
  4. Upon the termination of administered expert proceedings, the Centre shall fix the total costs of the proceedings and shall, as the case may be, reimburse the party or parties for any excess payment or bill the party or parties for any balance required pursuant to the Rules. The balance, if any, shall be payable before the notification of the final expert’s report to the party or parties.
  5. All above deposits and costs shall be borne in equal shares by the parties, unless they agree otherwise in writing. However, any party shall be free to pay the unpaid balance of such deposits and costs should the other party or parties fail to pay its or their share.
  6. A party’s other expenditure shall remain the responsibility of that party, unless otherwise agreed by the parties.

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Article 13 – Waiver

A party that proceeds with the administered expert proceedings without raising an objection to a failure to comply with any provision of the Rules, any direction given by the Centre or by the expert, any requirement of the expert’s mission, or any requirement relating to the appointment of an expert or to the conduct of the administered expert proceedings, shall be deemed to have waived its right to object.

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Article 14 – General Provisions

  1. An expert appointed under the Rules may be a physical person or a legal person, such as a company or a partnership. The term “expert” as used in the Rules applies mutatis mutandis to both physical and legal persons.
  2. here, prior to the date of the entry into force of the Rules, the parties have agreed to refer their dispute to the administration of expertise proceedings pursuant to the Rules for Expertise of the ICC, they shall be deemed to have referred to the ICC Rules for the Administration of Expert Proceedings, unless any of the parties objects thereto, in which case the Rules for Expertise of the ICC shall apply.
  3. The expert, the Centre, the ICC and its employees, and the ICC National Committees and Groups and their employees and representatives shall not be liable to any person for any act or omission in connection with the administration of expert proceedings, except to the extent such limitation of liability is prohibited by applicable law.
  4. In all matters not expressly provided for in the Rules, the Centre and the expert shall act in the spirit of the Rules.

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Appendix I – Statutes of the Standing Committee

Article 1 – Composition of the Standing Committee

The Standing Committee is composed of a maximum of fifteen members (a president, three vice-presidents and up to eleven members) appointed by the ICC for a three-year renewable term.

Article 2 – Meetings

A meeting of the Standing Committee shall be convened by its president whenever necessary.

Article 3 – Function and Duties of the Standing Committee

  1. The Standing Committee shall advise the Centre concerning all aspects of the proceedings, in order to help ensure the quality of the services carried out by the Centre. It shall assist the Centre in reviewing the attributes of the experts to be confirmed or appointed and in scrutinizing the expert’s report pursuant to the Rules.
  2. The president shall make the final decision on the confirmation or appointment of experts.
  3. The Standing Committee shall be informed of the death or resignation of any expert, of any objection by a party or parties or the Centre concerning an expert, or of any other matter requiring the replacement of an expert. It shall provide recommendations to the president as to whether there is any reason not to comply with a request of all of the parties pursuant to Article 4(4) of the Rules and as to whether the objection of a party pursuant to Article 4(5) of the Rules is justified.
  4. The president will make the final decision on whether the objection is justified and on the manner in which a replacement will be made.
  5. Upon the termination of administered expert proceedings, the president shall fix the expert’s fees and expenses in accordance with the Rules.
  6. In the absence of the president, or otherwise at the president’s request, one of the three vice-presidents shall be authorized by the Centre to fulfil the tasks of the president, including taking decisions pursuant to these statutes.

Article 4 – Confidentiality

The work of the Standing Committee and the Centre is of a confidential nature, which must be respected by everyone who participates in that work in whatever capacity.

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Appendix II – Costs

Article 1 – Filing Fee

Each Request pursuant to the Rules must be accompanied by a filing fee of US$ 3,000. The filing fee is non-refundable and shall be credited towards the deposit of the party or parties having filed the Request. No Request shall be processed unless accompanied by the requisite payment.

Article 2 – Administrative Expenses

  1. The administrative expenses of the ICC for the administration of expert proceedings shall be fixed at the Centre’s discretion depending on the tasks carried out by the Centre. The administrative expenses are added to the filing fee; they shall normally not be less than US$ 2,500 and they shall not exceed the following:
    US$ 10,000for amounts in dispute up to and including US$ 200,000
    US$ 15,000for amounts in dispute between US$ 200,001 and US$ 2,000,000
    US$ 20,000for amounts in dispute between US$ 2,000,001 and US$ 10,000,000
    US$ 30,000for amounts in dispute between US$ 10,000,001 and US$ 50,000,000
    US$ 40,000for amounts in dispute between US$ 50,000,001 and US$ 100,000,000
    US$ 50,000for amounts in dispute over US$ 100,000,000
  2. Where the amount in dispute is not stated, the administrative expenses may be fixed by the Centre at its discretion, taking into account all the circumstances of the case, including indications regarding the value of the dispute, but they shall not exceed US$ 50,000.
  3. In exceptional circumstances, the Centre may fix the administrative expenses at a higher figure than that which would result from the application of the above scale, provided that such expenses shall normally not exceed the maximum amount of the scale.
  4. The Centre may require the payment of administrative expenses in addition to those provided in the scale described in Article 2(1) of this Appendix as a condition for holding the proceedings in abeyance at the request of the parties or of one of them with the acquiescence of the other. Such abeyance fee shall normally not exceed US$ 2,000 per party per year.

Article 3 – Expert’s Fees and Expenses

  1. The fees of the expert shall be calculated on the basis of the time reasonably spent by the expert in the administered expert proceedings, taking into account the diligence and efficiency of the expert and any other relevant circumstances. These fees shall be based on an hourly rate fixed by the Centre when appointing or confirming the expert and after having consulted the expert and the parties. The hourly rate shall be reasonable in amount and shall be determined in light of the complexity of the work to be performed by the expert.
  2. The amount of reasonable expenses of the expert shall be fixed by the Centre.
  3. The expert’s fees and expenses shall be fixed exclusively by the Centre as required by the Rules. Separate fee arrangements between the parties and the expert are not permitted by the Rules.

Article 4 – Additional Costs for Objection and Replacement

ach written objection to the appointment of an expert by the Centre pursuant to Article 4(5) of the Rules shall be accompanied by a non-refundable amount of US$ 3,000. The amount is to be paid by the party or parties filing the objection. No objection shall be processed unless accompanied by the requisite payment.

Article 5 – Early Termination

If administered expert proceedings terminate before the notification of the expert’s report, the Centre shall fix the costs of the administered expert proceedings, including the fees and expenses of the expert and the ICC administrative expenses, at its discretion, taking into account the stage attained in the administered expert proceedings and any other relevant circumstances.

Article 6 – Currency, VAT and Scope

  1. All amounts fixed by the Centre or pursuant to any Appendix to the Rules are payable in US dollars except where prohibited by law, in which case the ICC may apply a different scale and fee arrangement in another currency.
  2. Amounts paid to the expert do not include any possible value added tax (VAT) or other taxes or charges and imposts applicable to the expert’s fees. Parties have a duty to pay any such taxes or charges; however, the recovery of any such taxes or charges is a matter solely between the expert and the parties.
  3. Any ICC administrative expenses may be subject to value added tax (VAT) or charges of a similar nature at the prevailing rate.
  4. The above provisions on the costs of the administration of expert proceedings shall be effective as of 1 February 2015 in respect of all proceedings commenced on or after such date under the present Rules and in respect of the administration of any expertise proceedings commenced on or after such date under the Rules for Expertise of the ICC.

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