Procedure of appointment and conducting of exertise in ICJE

 The procedure of appointment by state courts, international arbitration courts, investigative or law enforcement authorities of any jurisdiction is conducted on the initiative of the subject of the appointment of expert examination according to the procedural requirements of each jurisdiction. Materials for the expert examination (expertise), as well as rulings of state courts, orders of investigation or law enforcement agencies shall be sent by post and by e-mail to the address of the Secretariat of the European Arbitration Chamber (hereinafter – “the EAC”).

If exert examination is conducted  on the phase of pre-trial or pre-arbitral proceedings, the individual or legal entity (hereinafter - the "Applicant"), shall submit request and all materials (exhibits) to the Secretariat of the EAC (including register).

The ruling, resolution or court order shall contain:

  • name of the subject of appointment of exert examination and its requisites (postal address, location and e-mail address);
  • kind and type (specialization) the necessary expertise;
  • purpose of exert examination;
  • list of questions that must be answered by expert;
  • required terms of conducting  of exert examination (if necessary);materials and exhibits according to the purpose of the subject;
  • requisites of subject, who is charged with all costs for exert examination and a written guarantee of payment obligations.

In the event of appointment of judicial exert examination by state court, commercial arbitration court or law enforcement agencies, the official state language, other than English must be accompanied by an English translation.

The request for expert examination should be submitted in English or in any other language, but with English translation, which prevails.

During the preparation of the Request for expert examination ICJE and the subject of appointment of expertise shall agree on language for exert examination  and applicable law.

 

(Extracts from the Provisions of the Judicial and ADR Expertise under the INA “European Arbitration Chamber”)