The launch was the first of three worldwide events to launch the rules, which are set to help resolve cross-border commercial disputes worldwide.
Entering into force on 1 February 2015, the 2015 ICC Rules set out new parameters for ICC expert services, clarifying how parties can use experts and neutrals to help resolve their cross-border disputes at each step of the way. They will be administered by the ICC International Centre for ADR and will be made available in English, Spanish and French.
The panel of international speakers taking part in the launch event included Ali Aidarous, Managing Attorney, Ali Al Aidarous International Legal Practice (UAE), Pablo Bernad, Partner and Head of KPMG Risk Consulting in Europe, Middle East, Africa & South Asia (EMA) and member of the Standing Committee for Expertise of the ICC International Centre for ADR; Nicholas Gould Partner at Fenwick Elliott (UK) and Aisha Nadar, Advokatfirman Runeland AB, Stockholm (USA/Egypt).
Mr Aidarous said: “Being a litigator and an international arbitrator, I may safely state that services related to ICC expertise are extremely useful tools for arbitration in the MENA region where there are no, or little, regulations in this regard.
ICC can definitely fill this gap by proposing and appointing an expert, as well as administering the expert proceedings at an international standard.”
Launching this new set of rules in the MENA region underlines once more ICC’s commitment to its international work. Over the last decade, ICC saw the number of cases involving parties from the region considerably increase.
Drawing on ICC’s 40-year experience in cross-border dispute resolution, and with specialist input from its membership in over 90 countries, the ICC Commission on Arbitration and ADR will replace the current ICC Rules for Expertise with three new sets of rules. Each covers a distinct area of ICC’s dispute resolution services: the Proposal of Experts and Neutrals, the Appointment of Experts and Neutrals, and the Administration of Expertise Proceedings.
Hannah Tumpel, Senior Counsel and Manager of the ICC International Centre for ADR said: “Launching this new set of rules in the MENA region underlines once more ICC’s commitment to its international work. Over the last decade, ICC saw the number of cases involving parties from the region considerably increase, making arbitration the preferred method to settle cross-border disputes in the MENA region.
As all other sets of dispute resolution rules, the Expert Rules are specifically tailored to the needs and interest of international disputes.”
The launch event programme underscored how the new rules can leverage ICC’s unique international network when parties need support in identifying leading experts for arbitration and court proceedings. The event will examine when and how to involve experts in international arbitration proceedings and provide examples of expert proceedings administered by ICC. The rules also explicitly mention suitable neutrals – for example mediators, conciliators or dispute board members.
The services provided by the ICC International Centre for ADR under these three revised sets of rules form an integral part of ICC’s suite of dispute resolution services, supporting businesses in sectors as varied as finance, construction, energy, telecommunication and transport among many others. The new rules provide different ways to access the services of the right expert or neutral and can be used independently or in conjunction with other procedures such as ICC Arbitration.
Further launch events will take place in London on 21 January (sold out) and in New York on 27 January. Gathering some of the world’s most renowned dispute resolution professionals, they will benefit anyone wanting to learn about ICC expert services, from corporate counsel and company managers, to arbitrators, mediators, dispute resolution specialists, lawyers and judges.
Today’s launch was made possible with thanks to the generous support of Baker and MacKenzie, Habib Al Mulla, Al Tamimi & Co in Dubai, Al Al Aidarous and KPMG.
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Download a copy of the new 2015 ICC Expert Rules.