Правила Международной торговой палаты для экспертизы [англ.]

(Публикация Международной торговой палаты № 520)

INTERNATIONAL CHAMBER OF COMMERCE

ICC RULES FOR EXPERTISE

(ICC publication No. 520)

Section I. GENERAL PROVISIONS

1. The International Centre for Expertise which was established by the International Chamber of Commerce (ICC) has for its function the appointment or the proposal of experts in connection with international business transactions.

2. The Centre consists of a Standing Committee and a Secretariat. The Standing Committee is composed of five members (a chairman and four members) of different nationalities all of whom are appointed by the ICC for a three-year renewable term. The Secretariat of the Centre is assumed by the ICC.

1. Any request for the appointment or proposal of an expert shall be submitted to the ICC International Centre for Expertise, at the ICC Headquarters in Paris.

2. The Request shall contain inter alia the following information:

• names, description and addresses of the parties involved;
• where applicable, a copy of the parties' agreement to have recourse to the ICC International Centre for Expertise;
• any relevant indications concerning the choice of an expert;
• a descriptive summary of the expert's brief.

Any appointment or proposal of an expert as well as any decision on the replacement of an expert, in accordance with Articles 4, 5, and 7, shall be made as quickly as possible by the Chairman of the Standing Committee after consultation with members of the Standing Committee.

Article 4

At the request of an arbitral tribunal or any person, the Chairman of the Standing Committee may propose the name(s) of one or more experts. The Centre's intervention ends on notification of the proposal.

Section III. APPOINTMENT OF AN EXPERT AND EXPERTISE PROCEDURE

1. Where the parties have agreed to have recourse to the ICC International Centre for Expertise, one or more parties may request the Centre to appoint an expert. If the request for appointment is not made jointly by all the parties to the agreement, the Secretariat of the Centre shall send a copy of the request to the other party or parties who may make representations within a time limit fixed by the Secretariat according to the circumstances of the case.

2. Subject to Article 6, the Chairman of the Standing Committee shall confirm the choice of the expert nominated by the parties by mutual consent. Failing such an agreement, the Chairman shall appoint an expert.

Prior to an appointment, the Centre shall invite the prospective expert to submit a declaration confirming his independence of the parties.

1. The Chairman of the Standing Committee shall decide on the replacement of an expert who has died or resigns or is unable to carry out his functions.

The Chairman may replace the expert, after having considered his observations, if any, where objections are made by one of the parties concerning the person appointed as expert.

2. The Chairman may also replace the expert if he should find, after having considered the expert's observations, if any, that the expert is not fulfilling his functions in accordance with the Rules or within any prescribed time limits.

1. a) The expert is empowered to make findings within the limits set by the request for expertise, after giving the parties an opportunity to make submissions.

b) The expert may also be empowered, by express agreement between the parties, either in a prior agreement or in their request for the appointment of an expert, to:

• recommend, as needed, those measures which he deems most appropriate for the performance of the contract and / or those which would be necessary in order to safeguard the subject matter;
• supervise the carrying out of the contractual operations.

2. In agreeing to the application of these Rules the parties undertake to provide the expert with all facilities in order to implement his Brief and, in particular, to make available all documents he may consider necessary and also to grant him free access to any place where the expertise operations are being carried out. The information given to the expert will be used only for the purpose of the expertise and shall remain confidential.

3. Unless otherwise agreed the findings or recommendations of the expert shall not be binding upon the parties.

The expert shall send his report 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 parties.

Section IV. COSTS OF THE EXPERTISE

Each request for the proposal of an expert shall be accompanied by an amount of US dollars 1,000. This amount represents the total administrative costs for any proposal of experts.

1. Each request for the appointment of an expert shall be accompanied by an amount of US dollars 1,000. This amount, which is not refundable, shall be credited to the Centre's administrative costs.

2. a) The costs of the expertise, where an expert is appointed under these Rules, comprise the expert's fees and expenses, and the administrative cost of the ICC International Centre for Expertise.

b) Before the appointment of the expert, the Chairman of the Standing Committee, following consultation with the expert and the requesting party(ies) shall determine the basis upon which the expert's fees and expenses are to be calculated.

c) The Chairman of the Standing Committee shall determine the amount of the administrative costs which in any case shall be neither greater than 15 per cent of the expert's fees nor less than US dollars 1,000.

3. The estimated costs for the expertise as fixed by the Chairman of the Standing Committee are payable to the Centre by the party or parties requesting the appointment prior to the commencement of the expertise operations. This estimated amount may be readjusted by the Chairman of the Standing Committee in the course of the expertise.

4. The total amount of costs shall be fixed by the Chairman of the Standing Committee upon conclusion of the expertise operations and the balance, if any, shall be payable before the notification of the Report to the parties.

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