Rules for the Appointment of Experts and Neutrals - ICC - International Chamber of Commerce 07/12/21, 7:39 PM

There are various situations in which the parties may agree to have an expert appointed by
the Centre. Experts from a broad range of specializations may be appointed. Such
specializations include accounting, finance, engineering, information technology,
construction, energy and law. The parties may agree to appoint an expert to give a
contractually binding expert determination or to give non-binding advice. This can be in
either a contentious or non-contentious context.

There are also various situations in which the parties may agree to have a neutral appointed
by the Centre. An appointed neutral may serve as a mediator or dispute board member or
may assist them with the resolution of a dispute in any similar procedure that is not
administered by the ICC.

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Article 1 – Recourse to the Centre

1. Any request for the appointment of an expert or a neutral (the “Request for Appointment”)
shall be submitted to the Centre. Any Request for Appointment shall be processed by the
Centre only when it is based upon an agreement between the parties for the appointment
of an expert or a neutral by the Centre or when the Centre is otherwise satisfied that there
is a sufficient basis for appointing an expert or a neutral.
2. The Request for Appointment shall include:
a. the names, addresses, telephone numbers, email addresses and any other contact
details of:
i. each person filing the Request for Appointment and any other person involved
in the relevant proceedings, including any other parties to the agreement for
the appointment of an expert or a neutral; and
ii. any person representing each person filing the Request for Appointment;
b. if applicable, the name and contact details of any person or entity relevant for
checking potential conflicts of interest of the expert or neutral;
c. when the Request for Appointment is for an expert:
i. a description of the field of activity of the expert to be appointed;
ii. any desired attributes of the expert, including but not limited to education,
qualifications, language skills and professional experience;
iii. any undesired attributes of the expert and a description of any matters that
would disqualify a potential expert;
iv. a detailed description of the work to be carried out by the expert, including
whether an expert report or site visits will be required;
v. the desired time frame for completing such work;
vi. any agreement as to the language(s) to be used by the expert or, in the
absence thereof, any proposal as to such language(s);
vii. any agreement as to the location of any physical meetings or, in the absence

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Rules for the Appointment of Experts and Neutrals - ICC - International Chamber of Commerce 07/12/21, 7:39 PM

thereof, any proposal as to such location; and

viii. a copy of any agreement for the appointment of an expert by the Centre and/or
of any other elements which form the basis of the Request for Appointment;
d. when the Request for Appointment is for a neutral:
i. a description of the dispute resolution or other procedure for which a neutral’s
assistance is sought;
ii. a description of the dispute, if any;
iii. any desired attributes of the neutral, including but not limited to education,
qualifications, language skills and professional experience;
iv. any undesired attributes of the neutral and a description of any matters which
would disqualify a potential neutral;
v. the desired time frame for conducting and completing the procedure;
vi. any agreement as to the language(s) to be used by the neutral or, in the
absence thereof, any proposal as to such language(s);
vii. any agreement as to the location of any physical meetings or, in the absence
thereof, any proposal as to such location; and
viii. a copy of any agreement for the appointment of a neutral by the Centre and/or
of any other elements which form the basis of the Request for Appointment.
3. The Centre shall inform the other party or parties in writing of the Request for
Appointment once the Centre has sufficient copies of the Request for Appointment and
has received the filing fee required under Article 4.
4. When the Request for Appointment is not made jointly by all of the parties, and/or when
the parties do not agree on the attributes of the expert or the neutral, and/or when the
parties do not agree on the expert’s work or the neutral’s role, the Centre shall send a
copy of the Request for Appointment to the other party or parties, who may make
observations within a time limit fixed by the Centre. Observations received shall be
communicated by the Centre to the other party or parties for comments within a time limit
fixed by the Centre.
5. The Centre shall proceed with the Request for Appointment as it sees fit and will inform
the parties of how it will proceed.

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Article 2 – Written Notifications or Communications

1. All written communications submitted to the Centre by any party, as well as all documents
annexed thereto, shall be supplied in a number of copies sufficient to provide one copy for
the Centre and one copy for each party.
2. All notifications or communications from the Centre shall be made to the last address of
the party or its representative for whom the same are intended, as notified either by the
party in question or by the other party. Such notification or communication may be made

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Rules for the Appointment of Experts and Neutrals - ICC - International Chamber of Commerce 07/12/21, 7:39 PM

by delivery against receipt, registered post, courier, email or any other means of
telecommunication that provides a record of the sending thereof.
3. A notification or communication shall be deemed to have been made on the day it was
received by the party itself or by its representative, or would have been received if made
in accordance with the preceding paragraph.

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Article 3 – The Appointment

1. Any appointment of an expert or a neutral by the Centre shall be made by the Centre
either through an ICC National Committee or Group, or otherwise. The Centre’s role
under the Rules ends upon the notification of the appointment, except as provided in
Article 3(5) below.
2. In confirming or appointing an expert or a neutral, the Centre shall consider the
prospective expert’s or neutral’s nationality, residence, training and experience, and the
prospective expert’s or neutral’s availability and ability to conduct the work to be carried
out. The Centre shall make all reasonable efforts to appoint an expert or a neutral having
the attributes, if any, which have been agreed upon by all of the parties. If, despite such
efforts, the Centre is not able to identify an expert or a neutral having all of the attributes
agreed upon by all of the parties, the Centre may ask the parties whether they wish the
Centre to appoint more than one expert or neutral (who between them have the requested
attributes), or whether the attributes agreed upon by the parties may be modified.
3. Every expert or neutral must be and remain impartial and independent of the parties
involved in the proceedings, if any, unless otherwise agreed in writing by such parties.
4. Before an appointment, a prospective expert or neutral shall sign a statement of
acceptance, availability, impartiality and independence. The prospective expert or neutral
shall disclose in writing to the Centre any facts or circumstances which might be of such a
nature as to call into question the expert’s or neutral’s independence in the eyes of the
parties, as well as any circumstances that could give rise to reasonable doubts as to the
expert’s or neutral’s impartiality. The Centre shall provide such information to the parties in
writing and shall fix a time limit for any comments from them.
5. If any party files a written objection with the Centre asserting that the expert or neutral
does not have the necessary attributes, is not fulfilling the expert’s or neutral’s functions or
is not independent or impartial, the Centre may replace the expert or neutral after having
considered the observations of the expert or neutral and the other party or parties.
6. Any information or documents given to the expert or the neutral by the Centre or any party
in connection with the appointment shall be used by the expert or the neutral only for the
purposes of the appointment and shall be treated by the expert or the neutral as
confidential.

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Rules for the Appointment of Experts and Neutrals - ICC - International Chamber of Commerce 07/12/21, 7:39 PM

Article 4 – Costs for the Appointment

1. Each Request for Appointment must be accompanied by the non-refundable filing fee
specified in Article 1 of Appendix II. No Request for Appointment shall be processed
unless accompanied by the filing fee.
2. When the Centre is requested to appoint more than one expert or more than one neutral,
the non-refundable filing fee accompanying the Request for Appointment and to be paid
by the requesting Person is the amount referred to in the preceding paragraph multiplied
by the number of experts or neutrals requested.
3. After taking into consideration the specificities of the case, the Centre may fix an
additional fee, as specified in Article 2 of Appendix II, to be paid by the party or parties
having filed the Request for Appointment.
4. Each written objection pursuant to Article 3(5) of the Rules must be accompanied by the
non-refundable amount specified in Article 1 of Appendix II. No objection shall be !
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Appointment of Experts and Neutrals, unless any of the parties objects thereto, in which
case the Rules for Expertise of the ICC shall apply.
3. The expert or neutral, the Centre, the ICC and its employees, and the ICC National
Committees and Groups and their employees and representatives shall not be liable to
any person for any act or omission in connection with the appointment of an expert or a
neutral, except to the extent such limitation of liability is prohibited by applicable law.
4. In all matters not expressly provided for in the Rules, the Centre shall act in the spirit of
the Rules.

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