Optional expertise

The parties may at any time, without prejudice to any other proceedings, agree to submit any dispute arising out of or in connection with clause [X] of the present contract to administered expertise proceedings in accordance with the Rules for Expertise of the International Chamber of Commerce.

Obligation to submit dispute to expertise

In the event of any dispute arising out of or in connection with clause [X] of the present contract, the parties agree to submit the matter to administered expertise proceedings in accordance with the Rules for Expertise of the International Chamber of Commerce. [The findings of the expert shall be binding upon the parties.]

Obligation to submit dispute to expertise, followed by arbitration if required

In the event of any dispute arising out of or in connection with clause [X] of the present contract, the parties agree to submit the matter, in the first instance, to administered expertise proceedings in accordance with the Rules for Expertise of the International Chamber of Commerce. If the dispute has not been resolved through such administered expertise proceedings it shall, after the Centre’s notification of the termination of the expertise proceedings, be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules of Arbitration.

If the parties do not want the Emergency Arbitrator Provisions to apply in arbitration, they must expressly opt out.

ICC as appointing authority in party-administered expertise

In the event of any dispute arising out of or in connection with clause [X] of the present contract, the parties agree to submit the matter to an expertise as defined in clause [Y] of the present contract. The expert shall be appointed by the International Centre for Expertise in accordance with the provisions for the appointment of experts under the Rules for Expertise of the International Chamber of Commerce.

How to use these clauses

The above are suggested clauses covering different situations. Parties should use whichever corresponds to their needs. It may be necessary or desirable for them to adapt the chosen clause to their particular circumstances.

The clauses listed above should not be considered as exhaustive.
Depending on the nature of their contract and their relationship, parties may have an interest in providing for other combinations of services in their dispute resolution clause.
For instance, parties who opt for ICC arbitration may wish to provide for recourse to the ICC International Centre for Expertise for the proposal of an expert, if an expert opinion is required in the course of the arbitration. It may be noted that the proposal of an expert at the request of an arbitral tribunal acting under the ICC Rules of Arbitration is free of charge.

At all times, care must be taken to avoid any risk of ambiguity in the drafting of the clause. Unclear wording causes uncertainty and delay and can hinder or even compromise the dispute resolution process.

When incorporating any of the above clauses in their contracts, parties are advised to take account of any factors, such as mandatory requirements, that may affect their enforceability under applicable law.

The inclusion of one of the above clauses in a contract is likely to facilitate dispute management. However, it is also possible for parties to file requests under the ICC Rules for Expertise at any time, even after a dispute has arisen or in the course of other dispute resolution proceedings.