<ПРАВИЛА МЕЖДУНАРОДНОЙ ТОРГОВОЙ ПАЛАТЫ (МТП) ДЛЯ ЭКСПЕРТИЗЫ> [англ.](Публикация Международной торговой палаты n 520)
INTERNATIONAL CHAMBER OF COMMERCE
ICC RULES FOR EXPERTISE
publication No. 520)
Section I. GENERAL PROVISIONS
International Centre for Expertise
1. The International Centre for
Expertise which was established by the International Chamber of Commerce (ICC)
has for its function the appointment or the proposal of experts in connection
with international business transactions.
2. The Centre consists of a
Standing Committee and a Secretariat. The Standing Committee is composed of five
members (a chairman and four members) of different nationalities all of whom are
appointed by the ICC for a three-year renewable term. The Secretariat of the
Centre is assumed by the ICC.
Recourse to the International
Centre for Expertise
1. Any request for the appointment or proposal of an
expert shall be submitted to the ICC International Centre for Expertise, at the
ICC Headquarters in Paris.
2. The Request shall contain inter alia the
- names, description and addresses of the parties
- where applicable, a copy of the parties" agreement to have
recourse to the ICC International Centre for Expertise;
- any relevant
indications concerning the choice of an expert;
- a descriptive summary
of the expert"s brief.
Manner in Which an Expert is
Any appointment or proposal of an expert as well as any decision on
the replacement of an expert, in accordance with Articles 4, 5, and 7, shall be
made as quickly as possible by the Chairman of the Standing Committee after
consultation with members of the Standing Committee.
Section II. PROPOSAL
OF AN EXPERT
At the request of an arbitral tribunal or any
person, the Chairman of the Standing Committee may propose the name(s) of one or
more experts. The Centre"s intervention ends on notification of the proposal.
Section III. APPOINTMENT OF AN EXPERT AND EXPERTISE
Appointment of an Expert
1. Where the parties have agreed
to have recourse to the ICC International Centre for Expertise, one or more
parties may request the Centre to appoint an expert. If the request for
appointment is not made jointly by all the parties to the agreement, the
Secretariat of the Centre shall send a copy of the request to the other party or
parties who may make representations within a time limit fixed by the
Secretariat according to the circumstances of the case.
2. Subject to
Article 6, the Chairman of the Standing Committee shall confirm the choice of
the expert nominated by the parties by mutual consent. Failing such an
agreement, the Chairman shall appoint an expert.
Prior to an appointment, the Centre shall invite the
prospective expert to submit a declaration confirming his independence of the
Replacement of an Expert
1. The Chairman of
the Standing Committee shall decide on the replacement of an expert who has died
or resigns or is unable to carry out his functions.
The Chairman may
replace the expert, after having considered his observations, if any, where
objections are made by one of the parties concerning the person appointed as
2. The Chairman may also replace the expert if he should find,
after having considered the expert"s observations, if any, that the expert is
not fulfilling his functions in accordance with the Rules or within any
prescribed time limits.
The Expert"s Brief
1. a) The
expert is empowered to make findings within the limits set by the request for
expertise, after giving the parties an opportunity to make submissions.
b) The expert may also be empowered, by express agreement between the parties,
either in a prior agreement or in their request for the appointment of an
- recommend, as needed, those measures which he deems most
appropriate for the performance of the contract and / or those which would be
necessary in order to safeguard the subject matter;
- supervise the
carrying out of the contractual operations.
2. In agreeing to the
application of these Rules the parties undertake to provide the expert with all
facilities in order to implement his Brief and, in particular, to make available
all documents he may consider necessary and also to grant him free access to any
place where the expertise operations are being carried out. The information
given to the expert will be used only for the purpose of the expertise and shall
3. Unless otherwise agreed the findings or
recommendations of the expert shall not be binding upon the parties.
Notification of the Expert"s Report
The expert shall send
his report 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
Section IV. COSTS OF THE EXPERTISE
where an Expert is Proposed
Each request for the proposal of an expert
shall be accompanied by an amount of US dollars 1,000. This amount represents
the total administrative costs for any proposal of experts.
Costs where an Expert is Appointed
1. Each request for the appointment of
an expert shall be accompanied by an amount of US dollars 1,000. This amount,
which is not refundable, shall be credited to the Centre"s administrative
2. a) The costs of the expertise, where an expert is appointed
under these Rules, comprise the expert"s fees and expenses, and the
administrative cost of the ICC International Centre for Expertise.
Before the appointment of the expert, the Chairman of the Standing Committee,
following consultation with the expert and the requesting party(ies) shall
determine the basis upon which the expert"s fees and expenses are to be
c) The Chairman of the Standing Committee shall determine
the amount of the administrative costs which in any case shall be neither
greater than 15 per cent of the expert"s fees nor less than US dollars 1,000.
3. The estimated costs for the expertise as fixed by the Chairman of the
Standing Committee are payable to the Centre by the party or parties requesting
the appointment prior to the commencement of the expertise operations. This
estimated amount may be readjusted by the Chairman of the Standing Committee in
the course of the expertise.
4. The total amount of costs shall be fixed
by the Chairman of the Standing Committee upon conclusion of the expertise
operations and the balance, if any, shall be payable before the notification of
the Report to the parties.