Technical Expertise

Technical problems during a dispute

Should parties involved in dispute resolution proceedings come across any technical problems, they can have recourse to the CEPANI Rules for technical expertise.

Such a technical expertise can help reach a settlement between the parties or provide them with reliable and verified findings. If necessary, the parties may then use these findings in any later legal proceedings or arbitration.

In principal, the findings and conclusions of the expert are binding on the parties. They may however agree otherwise in advance and decide to treat the conclusions of the expert as being purely advisory and non-binding.

Costs

The costs of a CEPANI technical expertise are determined in respect with the circumstances of the case, the nature of the task and the number of experts. They are set by the CEPANI Secretariat in consultation with the appointed expert(s).

Unless otherwise agreed upon by the parties, each party pays an equal part of the costs of the technical expertise.

Experts

CEPANI does not work with a list of acknowledged experts. For each individual case, CEPANI will, on a case-by-case basis, call upon the expert who meets the necessary requirements, taking into account the nature and circumstances of the case.

Standard clause for Technical Expertise

The Parties who wish to refer to the CEPANI Rules for technical Expertise are advised to insert the following clause in their contracts:

“The Parties hereby undertake to apply the CEPANI Rules of Technical Expertise for all disputes arising out of or in relation with this Agreement”.

The following provisions may be added to this clause:

“The seat of the technical Expertise shall be [            ]”.

“The proceedings shall be conducted in the [            ] language”.

“The technical Expertise shall be carried out by [one] or [three] Experts”. “The findings andconclusions of the Expert(s) shall [not] be binding on the Parties”.