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Task Force on Guidelines for ICC Expertise Proceedings Co-Chaired by Erik Schäfer (Germany) and David B. Wilson (United States)
Following the adoption by the ICC Commission on Arbitration of the revised ICC Rules for Expertise in 2003, and in an effort to try to overcome the lack of awareness surrounding the existence, techniques and requirements of expertise proceedings in the business and legal communities, the Commission on Arbitration voted to create a Task Force whose mandate it is to examine this issue in detail and to produce a set of guidelines for ICC expertise proceedings.
The Guide to the ICC Rules for Expertise having been adopted by the Commission in 2004, the Task Force is presently working on the elaboration of explanatory notes for the use of experts.
The Co-Chairs have prepared an outline for the Notes entitled "Practice of Expertise in ICC Expertise Dispute Resolution". This report, which is presently being drafted by the members of the Task Force, will cover topics such as:
- using experts in ICC Arbitration;
- using experts under the ICC Rules for Expertise as fact finders;
- neutral experts as facilitators under the ICC ADR and Dispute Board Rules.
The task Force is composed of over 35 registered members from 14 different countries.
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At the Commission meeting on 24 April 2008, David Wilson, Co-Chair of the task force, indicated that a short draft report whose purpose is to provide advice to experts in carrying out their roles in ICC dispute resolution services, most particularly in arbitration (as party appointed experts and experts appointed by the arbitral tribunal) and in administered proceedings under the ICC Rules for Expertise will be submitted at the next Commission meeting for approval
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