<ПРАВИЛА МЕЖДУНАРОДНОЙ ТОРГОВОЙ ПАЛАТЫ (МТП) ДЛЯ ЭКСПЕРТИЗЫ> [англ.](Публикация Международной торговой палаты n 520)
INTERNATIONAL CHAMBER OF COMMERCE
ICC RULES FOR EXPERTISE
(ICC
publication No. 520)
Section I. GENERAL PROVISIONS
Article 1
The
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.
Article 2
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
following information:
- names, description and addresses of the parties
involved;
- 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.
Article 3
Manner in Which an Expert is
Chosen
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
Article 4
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
PROCEDURE
Article 5
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.
Article 6
The Expert"s
Independence
Prior to an appointment, the Centre shall invite the
prospective expert to submit a declaration confirming his independence of the
parties.
Article 7
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 expert.
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.
Article 8
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 expert, to:
-
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 remain
confidential.
3. Unless otherwise agreed the findings or recommendations
of the expert shall not be binding upon the parties.
Article
9
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
parties.
Section IV. COSTS OF THE EXPERTISE
Article 10
Costs 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.
Article 11
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 costs.
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.
b) 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 calculated.
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.
