Expert Determination
The Cairo Regional Centre for International Commercial Arbitration (CRCICA) is pleased to clarify that its services for expert determination are currently provided under CRCICA Mediation Rules, which apply mutatis mutandis, as per Articles (1.1) and (2.2), to other forms of ADR including expert determination. Further, CRCICA Mediation Rules apply subject to such modification as the parties may agree (the “CRCICA Rules”).
Parties to a contract may agree to refer any or certain disputed technical matters to one or more expert(s), prior to or during the filing of any arbitration proceedings, for the expert(s) to opine on a technical disputed matter. The appointed expert(s) may avoid the need for arbitration.
The Cairo Regional Centre for International Commercial Arbitration (CRCICA) shall, upon the request of any natural or juristic person, appoint one or more independent and impartial expert(s) with a particular professional background and experience to opine on the technical disputed matter.
Where the parties have agreed to submit a request for expert determination under the CRCICA Rules, they shall be deemed to have agreed to submit their request pursuant to CRCICA Mediation Rules, in effect on the date of the submission of the request for expert determination, subject to such modification as the parties may agree.
Where there is a prior agreement to submit a request for expert determination, the party or parties wishing to submit such a request shall submit a written request for expert determination to the Centre. Where there is no prior agreement to submit a request for expert determination, the party wishing to submit such a request shall submit a written request for expert determination to the Centre to invite the other party to participate in the expert determination.
If the Centre does not receive a reply to the request for expert determination from the other party, or if the other party reject the invitation to participate in the expert determination, within 15 days from the date of receipt of the request or the invitation, or within any other period of time specified therein, the Centre shall inform the party requesting the expert determination of this fact.
The expert determination shall commence when the other party accept in writing the invitation to participate in the expert determination within the period stated in the abovementioned paragraph.
- The request for expert determination shall include the following:
- A written request that the CRCICA appoints an expert for the purpose of an expert determination;
- The name(s) and contact details of the party or parties requesting the expert determination, (or the name and contact details of the party requesting the expert determination and the other party invited to participate in the expert determination);
- In case there is a prior agreement to submit a request for expert determination, the requesting party or parties shall specify the agreement relied upon, as well as any contract or other legal instrument arising from or pertaining to the matter for which expert determination is sought;
- In case there is no prior agreement to submit a request for expert determination, the party or parties wishing to initiate the expert determination shall specify a brief description of the relevant relationship;
- A brief description of the dispute and claims (if any).
- The request for expert determination shall include a suggestion as to the expert professional background and experience.
An expert under these Rules may be a natural person or a juristic person, such as a company.
The parties may jointly designate a mechanism for appointing the expert by the Centre.
Where the parties did not jointly designate an expert or a mechanism for appointing the expert, the Centre shall appoint the expert within 14 days starting from the date of the acceptance by the other party of the request for expert determination.
In appointing the expert, CRCICA may, where possible and practicable, apply its identical list procedure provided for in Article (9.2) of CRCICA Arbitration Rules and Article 5(8) of its Dispute Board Rules. CRCICA may also consider the advisability of appointing an expert of a nationality other than the nationalities of the parties.
If the expert resigns, is incapacitated or otherwise becomes unable to perform the expert’s functions, a substitute expert shall be appointed pursuant to the same procedure that was applicable to the expert being replaced.
Every prospective expert shall provide the Centre, within 7 days after being notified with his or her nomination, with a signed statement of impartiality and independence in which he or she shall disclose any facts or circumstances which might affect or call into question his or her impartiality, independence or might be perceived to create a conflict of interest.
The Centre shall promptly inform the parties of such disclosure and shall fix a time limit for the parties to make comments. If a party objects to the appointment of the expert within 7 days after being notified with the disclosure, the Centre may replace the expert, after having considered the observations of the expert and the other party.
If during the course of the expert’s assignment, the expert becomes aware of any facts or circumstances that might call into question the expert’s independence or impartiality in the eyes of the parties, the expert shall disclose those facts or circumstances to the parties in writing without delay. A party may object to the continued participation of the expert. In such a case, the Centre may replace the expert, after having considered the observations of the expert and the other party.
The parties shall cooperate with the expert in good faith to advance the expert’s assignment as expeditiously as possible.
The expert may, before or during the meetings, request the parties to submit documents, case summaries, memoranda and goods.
Meetings between the parties and the expert may take place on one day or over several days, as agreed between the expert and the parties.
Unless the parties expressly agree in writing to the contrary, every person involved in the expert determination, including the parties and their representatives, the expert, and the Centre, undertake to keep confidential all documents, information and materials save to the extent that a disclosure may be required according to a legal duty, such as a court order.
Every person involved in the expert determination, including the parties and their representatives, the expert and the Centre, acknowledges that any information, materials exchanged between the parties, the expert and/or the Centre, however communicated, are produced solely for the purposes of the expert determination and may not be produced as evidence or disclosed in a court of law, arbitration, or any other formal or informal processes, expect otherwise required by the law.
The Centre’s role under the Rules ends with the appointment of the expert, unless the parties request that the CRCICA administers the expert determination.
Neither the Centre, its employees, the members of both the Board of Trustees and the Advisory Committee nor any person involved in the appointment of the expert shall be liable to any person based on any act or omission in connection with the expert determination.
The CRCICA’s fees and the expert’s fees are determined in accordance with Articles 15, 16, 17 and 18 of the CRCICA Mediation Rules.
For further information on expert determination services, please contact the Cairo Regional Center for International Commercial Arbitration (CRCICA) at cases@crcica.org and Khaled.osman@crcica.org
