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The Cairo Centre's Rules of Technical Expertise

  • Rule 1

    Where parties have agreed to submit their dispute to the rules of technical expertise of the Cairo Regional Centre for International Commercial Arbitration, they may ask the director of the Centre to appoint one or more experts to render a technical opinion in the dispute.

    Rule 2

    The Request submitted to the director shall include:

    a. The names and addresses of the parties.

    b. The subject and nature of the technical dispute and the expertise requested.

    c. The agreement to resort to technical expertise for the settlement of the dispute according to the Centre's rules.

    d. The number and names of technical experts to be appointed as agreed upon.

    e. Name or names of proposed expert(s) in case there were no previous agreement to that effect.

    Rule 3

    The Centre shall notify the party or parties of the request to submit the dispute to technical expertise and shall receive any remarks therein.

    Rule 4

    If the parties agree to submit their dispute to technical expertise before the Centre according to its rules, and fail to appoint the expert, the Centre shall appoint one or more experts to render the technical opinion in the dispute.

    The Centre shall appoint the expert(s) in this case from the international list of experts maintained by the Centre for that purpose.

    In international cases the expert chosen will be a national of a country other than the countries of both parties. In all cases, the expert appointed should not have any connection or relation with the parties of the dispute that may affect his opinion or raise any doubt thereof.

    Rule 5

    A sole expert is to be appointed unless the parties choose otherwise or wherever the circumstances of the case require more than one.

    In case of multiple experts, the number of experts shall be an odd number. In this case the report shall be rendered by the majority of votes, and the minority may attach their dissenting opinion.

    Rule 6

    The director of the Centre shall decide, after consulting with the parties, on the replacement of an expert in the case of death or if prevented for any other reason from carrying out his responsibilities. The replacing expert(s) shall be appointed according to the same rules under which the replaced expert(s) was appointed.

    The director may also replace the expert(s) on the grounds of reasonable objections made by the parties or if the director determines, after having considered the expert(s) observations, that the expert is not fulfilling his responsibilities in accordance with these rules or within the prescribed time limits.

    Rule 7

    The parties should assist the expert in implementing his terms of reference and in particular, should make available to him all documents he may consider necessary and also to grant him free access to any place related to the dispute. The information given to the expert will be used only for the purpose of the expertise and shall remain confidential.

    Rule 8

    The expert shall put forth his views in a written and signed report, within the limit set by the request for his appointment, after giving the parties an opportunity to submit arguments supported by documentation.

    The expert must also include in his report all his findings concerning the implementation of the contract and the measures necessary to safeguard its subject matter.

    The expert must also attach to his report anything the parties might have agreed upon concerning the settlement of the dispute.

    The expert(s) must sign the report. Where there are more than one expert and one or more fails to sign, the report shall state the reasons for the absence of the signature(s). The original report shall be delivered to the director who shall provide each party with a copy.

    Rule 9

    The director of the Centre shall estimate the amount of administrative charges and the deposits to be paid in advance for the expertise, taking into consideration the nature of the expertise and the number of working hours.

    The party or parties requesting the appointment of the expert(s) shall deposit to the Centre these amounts in advance. The total amount of administrative and expert costs shall be determined by the director of the Centre when the expertise has been concluded.