ICC Arbitration and ADR Commission Report on Issues for Experts Acting Under the ICC Expert Rules or the ICC Rules of Arbitration
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Arbitration & ADR Commission
This Report of the ICC Commission on Arbitration and ADR is an update of a 2010 Report prepared by the Task Force ‘Guidelines for ICC Expertise Proceedings’. The Report has been updated by Erik Schäfer and David B. Wilson, co-chairs of the initial Task Force, and is now aligned with the 2021 ICC Rules of Arbitration, the ICC Expert Rules in force as from 1 February 2015, as well as recently released Commission Reports.
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This text is intended to provide general guidance regarding issues that should be considered by individuals who have been retained to serve as an expert in proceedings under the ICC Expert Rules (the ‘Expert Rules’), the ICC Rules of Arbitration (the ‘Rules of Arbitration’), or who are contemplating such an engagement. It also provides information that may be useful for other expert services to which these rules do not apply.
Experts may be natural or legal persons. The Expert Rules do not distinguish between the two. Nonetheless, legal persons acting as experts should bear in mind that the obligations set forth below apply both to them and to any employees, assistants and subcontractors who may be involved in the execution of their assignment. Although the Expert Rules are silent on the topic, an expert’s services are of a highly personal nature. Accordingly, the expert’s tasks should not be subcontracted unless all parties retaining the expert explicitly consent.
Experts provide a valuable service in helping to avoid or resolve disputes, and can serve several different roles under the Expert Rules and the Rules of Arbitration.
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