February 2015 sees the entry into force of the ICC's new Expert Rules, administered by the ICC International Centre for ADR. These Rules cover the appointment and proposal of experts by the ICC and the administration of expertise proceedings. The 2015 Rules build on nearly forty years of experience at the ICC in identifying technical, legal, financial and other experts to play a variety of roles in dispute resolution and in business more widely. This article gives an overview, among other things, of the background to the new Rules, the services provided, the value of these services to arbitral tribunals, courts, parties and experts, and the Centre's methods in proposing and appointing experts, as well as the kinds of situations in which experts are regularly required and the conditions under which they operate.
The use of experts in international dispute resolution has grown over the last twenty years in line with the explosive growth in cross-border economic activity and the increasing specialism within many professional fields. Experts can bring specific technical expertise, as well as independence and impartiality, to a wide variety of processes related to dispute resolution and at the various stages of the dispute resolution process.
Among its many activities, the ICC has since 1976 offered a service dedicated to helping parties to disputes find and work effectively with highly qualified experts. As the ICC launches updated rules1 governing these activities, with effect from 1 February 2015, this article looks at the past activities and current direction of the ICC's International Centre for ADR and its precursors as they relate to the use of experts in dispute resolution.
1The ICC's 2015 Expert Rules comprise three discrete sets of rules: the ICC Rules for the Proposal of Experts and Neutrals, the ICC Rules for the Appointment of Experts and Neutrals, and the ICC Rules for the Administration of Expert Proceedings. They are published together in ICC Publication 869, currently available in English, French and Spanish, downloadable at www.iccadr.org. This publication also contains suggested clauses for use by parties wishing to provide in their contracts for recourse to the ICC as appointing authority or administering institution for expert proceedings.
Posted with permission from International Chamber of Commerce © 2017. All rights reserved.