How do I file a Request before the ICC International Centre for Expertise?
1° Request for the proposal of the name(s) of one or more experts in any given field:
a) The request is sent to:
ICC International Centre for Expertise
38 cours Albert 1er
75008 Paris, France
Tel.: +33 1 49 53 30 53
Fax: +33 1 49 53 30 49
b) The request should contain:
- names, description and addresses of the parties involved;
- any relevant information concerning the choice of an expert (nationality, qualifications, language abilities, availability);
- a brief description of the underlying dispute or situation.
c) The request must be accompanied by a payment of US$ 2 500 to the International Chamber of Commerce for each name requested.
Banking instructions are as follows:
- By cheque to the order of the International Chamber of Commerce or
- By wire transfer according to the following instructions:
Beneficiary (Account holder): International Chamber of Commerce
Address: 38, Cours Albert 1er
75008 Paris, France
Bank of Beneficiary: UBS SA
Address: 35, rue des Noirettes
P.O. Box 2600
1211 Geneva 2, Switzerland
Account no.: 240-224534.61R
IBAN: CH06 0024 0240 2245 3461 R
Swift Code (BIC): UBSWCHZH80A
Please indicate on your payment order the name of the party in the procedure on behalf of which this payment is being made.
2° The parties have agreed in their contract or otherwise to have recourse to the ICC International Centre for Expertise for the appointment of an expert:
Please follow points 1 a), b), and c), above.
3° The Centre is contacted to administer the expertise proceedings according to Rules for Expertise:
a) Please follow points 1 a), b), and c), above.
b) The request should also include a copy of the parties' agreement to have recourse to the ICC International Centre for Expertise.
If the request is made jointly by the parties, the parties may agree by mutual consent to nominate an expert, in which case the expert's name and address should be included in the request.
Back to top
In what kinds of situations can expertise be needed?
Expert advice in settling business disputes is more than ever in demand with the advance of technology and the global economy.
Founded more than 25 years ago, the ICC International Centre for Expertise has built up unique access to experts in every conceivable subject relevant to business operations. It casts its net wide to find the expert most likely to propose the best solution.
Ability to deliver the right expert is vital. Equally important are ICC's Rules for Expertise, to which parties may refer in their contracts or at a later stage in their relationship. The Rules, updated for 2003, provide the basis for ICC expertise.
Areas of expertise available through the centre are as diverse as business itself. For example, experts may have to determine the quality of concrete used in a dam, the efficiency of waste disposal systems, or the adequacy of electric wiring in a new building. They may have to estimate costs or compare tenders. The possibilities are endless.
Standing Committee
The members of the Standing Committee are appointed for a three-year term.
The membership for 2011-2013 is as follows:
- Nicolas Gould (United Kingdom) - Chairman
- Pablo Bernad Ramoneda (Spain) – Vice Chairman
- Christine Guerrier (France)
- James Nicholson (United Kingdom)
Secretariat
ICC International Centre for Expertise
38 cours Albert 1er
75008 Paris, France
Hannah Tuempel
Manager for ICC ADR, Expertise, Dispute Boards and Docdex
Tel.: + 33 1 49 53 30 53
Fax: + 33 1 49 53 30 49
Calliope M. Sudborough
Deputy Manager for ICC ADR, Expertise, Dispute Boards and Docdex
Tel.: + 33 1 49 53 30 52
Fax: + 33 1 49 53 30 49
Possible applications
ICC expertise can cover technical, financial or contractual issues. It may be requested by one or several parties to a contract or before a deal has been struck. Expertise provided through the Centre can assist amicable settlement of a dispute or resolve a mere difference of opinion. It may do no more than remove uncertainty about a set of facts. If the parties wish, the findings can be binding. ICC expertise may be used during litigation or arbitration.
Here are possible applications:
- Advice on technical or financial matters before a contract is signed
- Assessment of the value of a company's assets during a takeover
- Advice on price re-evaluation under long-term contracts
- Establishment of the legal scope of technology transfer agreements
- Test for the quality of a product or building project
- Investigation of the performance of an industrial plant and conformity with specifications
- Rendering of a record of the factual situation during construction of an industrial plant
- Expert testimony in a court of law or in arbitration proceedings, at the request of the parties or the judge or arbitral tribunal
Back to top
What is the Expert’s mission?
ICC Rules for Expertise
Article 12 - The Expert's Mission
1/ The expert, after having consulted the parties, shall set out the expert's mission in a written document. That document shall not be inconsistent with anything in these Rules and shall be communicated to the parties and to the Centre. Such document shall include:
a) the names, addresses, telephone and facsimile numbers and e-mail addresses of the parties;
b) a list of issues to be treated in the expert's report;
c) the name(s), address(es), telephone and facsimile numbers and e-mail address(es) of the expert or experts;
d) the procedure to be followed by the expert and the place where the expertise should be conducted; and
e) a statement indicating the language in which the proceedings will be conducted. Modifications to the expert's mission may be made by the expert, in writing, only after full consultation with the parties. Any such written modifications shall be communicated to the parties and to the Centre.
2/ Upon preparing the document setting out the expert's mission or as soon as possible thereafter, the expert, after having consulted the parties, shall prepare a provisional timetable for the conduct of the expertise proceedings. The timetable shall be communicated to the parties and to the Centre. Any subsequent modifications of the provisional timetable shall be promptly communicated to the parties and to the Centre.
3/ The expert's main task is to make findings in a written expert's report within the limits set by the expert's mission after giving the parties the opportunity to be heard and/or to make written submissions. Unless otherwise agreed by all of the parties, the findings of the expert shall not be binding upon the parties.
4/ Unless otherwise agreed by the parties, the expert's report shall be admissible in any judicial or arbitral proceeding in which all of the parties thereto were parties to the expertise proceedings in which such report was prepared.
5/ Any information given to the expert by the Centre or any party during the course of the expertise shall be used by the expert only for the purposes of the expertise and shall be treated by the expert as confidential.
6/ The expert's report shall be submitted in draft form to the Centre before it is signed. The Centre may lay down modifications only as to the form of the report. No report shall be communicated to the parties by the expert. No report shall be signed by the expert prior to the Centre's approval of such report.
7/ The Centre may waive the requirements laid down in Article 12(6) if expressly requested to do so in writing by all the parties and if the Centre considers that such a waiver is appropriate under the circumstances of the case.
8/ The expert's report, after it is signed by the expert, shall be sent 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 party or parties and declare in writing that the expertise proceedings have been terminated.
Back to top
What does the ICC International Centre for Expertise charge?
The Centre charges a non-refundable amount of US$ 2 500 for proposing or appointing an expert. This amount should be paid for each name requested.
The charge for administration of the expertise proceedings is US$ 2 500, plus the fees and expenses of the expert and the administrative fees of the ICC International Centre for Expertise, which may not exceed 15% of the total expert's fees.
There is no scale for such fees. These may vary according to the field of expertise, the appointed expert's qualifications and the scope of his or her terms of reference. The amount of the advance to cover the costs of the expertise is determined by the Centre after consulting, as far as possible, the potential expert and the requesting parties.
Arbitral tribunals acting under the ICC Rules of Arbitration are exempt from charges for the proposal of an expert.
Back to top