RA 26/2017

Procedure for appointment or nomination of experts and specialists

Ref.: Procedure for appointment or nomination of experts and specialists

WHEREAS, the CAM-CCBC has been requested to assist contracting parties in appointing specialists and experts, whenever so agreed, before commencement of any litigation or arbitration;

The President of the CAM-CCBC, in the exercise of the powers granted upon him under article 2.6, letters ‘c’, ‘d’ and ‘f’, of the CAM-CCBC Rules, as approved at a Special Meeting of the Arbitration and Mediation Center of the Chamber of Commerce Brazil-Canada held on September 1st 2011, and after having considered the Advisory Committee’s view thereon, does hereby issue the following Resolution, which provides for the CAM-CCBC actions when rendering services concerning the appointment or nomination of experts and specialists.

Article 1 – Upon prior agreement or based on contractual provision, the President of the CAM-CCBC may, whenever so requested by either party, appoint or nominate experts (Acting in the Capacity of Appointing Authority).

Article 2 – The request shall be addressed to the President of the CAM-CCBC, with sufficient information for the appointment, including but not limited to the following:

  • a) The matter that shall be the object of analysis by the specialist;
  • b) The professional’s field of specialty and other relevant qualifications;
  • c) Full name and identification of the parties involved, including any counsels and interested parties; and
  • d) The language in which the works of the specialists shall be conducted, and other terms stated by the parties.

§1º The CAM-CCBC shall request information on the relevant professionals’ experience and the completion of the Conflict of Interest and Availability Questionnaire, hereinafter referred to as Questionnaire (exhibit I of this Resolution).

§2º Nomination or appointment shall take into consideration, among other elements:

  • a) The number of times the expert or expert witness has participated in proceedings administered by the CAM-CCBC;
  • b) The experience and answers to the Questionnaire provided by the expert in reply to the inquiry under §1 herein.

Article 3 – In the cases where the President of the CAM-CCBC exercises the function of Appointing Authority, an amount shall be charged under the CAM-CCBC Schedule of Costs, chapter ‘The CAM-CCBC as Appointing Authority’.

Article 4 – The CAM-CCBC or the persons connected therewith shall not be liable for the hiring and performance of the expert or specialist.

Article 5 – The CAM-CCBC may fail to make the appointment should it find no professional with the relevant technical skills.

Article 6 – The CAM-CCBC may make the appointment or nomination by using the methodology of prior lists sent to the parties or through other methods proved useful.

Article 7 –  This Resolution is effective as of the date of approval hereof.

 

São Paulo, October 4, 2017.

Carlos Suplicy de Figueiredo Forbes

President of the CAM-CCBC

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