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The International Chamber of Commerce (ICC) has brought into force its new ICC Expert Rules, which clarify ICC’s expanded services to help companies, judges, arbitrators and other parties find and use experts in resolving their cross-border disputes around the world.

Available in English, Spanish and French, the new 2015 ICC Expert Rules replaced the 2003 ICC Rules for Expertise on 1 February. They will be administered by the ICC International Centre for ADR, as part of ICC’s broad suite of dispute resolution services.

“International business has turned to ICC for many years to identify the most suitable experts for the resolution of technical, financial or legal issues – and will certainly continue to do so under the new sets of rules,” said Peter Wolrich, Head of the Taskforce for the Revision of the Expert Rules.

ICC handled a growing number of cases under the outgoing Rules for Expertise, reaching some 350 cases over 12 years. While in 2013 many of these related to Internet domain names, during the other years the cases involved helping businesses worldwide in a huge range sectors, from food to finance, chemicals to construction, energy to transport. Interesting is also the international reach of the Centre’s work – not only have parties from over 50 nationalities requested the Centre’s services during the last years, but the Centre also regularly identifies experts from the most diverse regions and sectors.

Cost-efficient

Under the ICC Expert Rules, disputing parties can save time and money by asking the ICC International Centre for ADR for its neutral, independent help in finding and working with relevant experts, even in highly specialized fields. These include consulting engineers, construction specialists, accountants, lawyers and bankers and experts in more exotic fields, for example agricultural experts.

The ICC Expert Rules complement the other ICC dispute resolution rules and are state-of-the-art in international commercial dispute resolution,” said Christopher Newmark, Chair of the ICC Commission on Arbitration and ADR. This is the group that drafted the new Rules, drawing on ICC’s 90-year experience in cross-border dispute resolution, and specialist input from its membership in over 90 countries.

“The Rules also now clarify that they can be used when parties need support in identifying suitable neutrals – for example mediators, conciliators or dispute board members – and wish to use ICC’s unique international network,” added Mr Newmark.

International business has turned to ICC for many years to identify the most suitable experts for the resolution of technical, financial or legal issues.

The standalone set of the ICC Rules for Administered Expert Proceedings, have now expended provisions which ensure a cost and time efficient dispute resolution procedure which – depending on the parties’ agreement – leads to a binding or non-binding expert report. The Rules specifically set out procedural safeguards to ensure that the report is obtained in an efficient and fair process.

London, Dubai, New York

In Dubai for one of three global events launching the ICC Expert Rules, Ali Al Aidarous, founding partner of International Legal Practice (UAE) 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 few, 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.”

The London launch was packed with an international crowd of corporate counsel, company managers, arbitrators, mediators, dispute resolution specialists, lawyers and judges. A further event in New York City is to be announced soon after it had to be cancelled last week due to the difficult weather conditions.

The new Expert Rules can be used independently or in conjunction with other procedures such as ICC Arbitration. They are grouped into three sets, each covering a distinct area of ICC dispute resolution services: the Proposal of Experts and Neutrals, the Appointment of Experts and Neutrals, and the Administration of Expertise Proceedings.

Download the new Expert Rules in English, French and Spanish.

International Centre for Arbitration and ADR

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