New ICC Expert Rules Enter Into Force On 1 February 2015

The new ICC expert rules allow parties to use the ICC to (1) propose experts, (2) appoint experts and (3) to administer expert proceedings. Three separate set of rules are included in the new ICC expert rules, rather than one as under the previous version of the ICC expert rules, which dates from 2003.

On 1 February 2015, the new ICC expert rules will enter into force. The new rules apply when a party previously agreed to refer disputes to expertise proceedings under the 2003 ICC Rules for Expertise.

The new rules expressly apply to neutrals, including mediators, as well as experts. Interestingly, the proposal and appointment of mediators in an ongoing ICC arbitration does not cost anything for the parties to an ICC arbitration if they request this jointly.

As with the ICC Rules of arbitration, potential experts or neutrals must now also sign a statement confirming their availability, and there is now a requirement that the parties use their best efforts to conduct the proceedings in a time and cost-effective manner.

The new ICC expert rules also give the expert the power to to determine the scope of his or her mandate, when the parties disagree on this, while stressing the duty of independence and impartiality of neutrals and experts.

For the first time, parties may also challenge the appointment of an expert or neutral, on the grounds that he or she is not independent or impartial.

The new rules also include a number of modernizing provisions, such as allowing written notifications and correspondence to be sent via e-mail, a welcome development.

A copy of the ICC Expert Rules is available below.