CEPANI Rules of Technical Expertise (2000)

Article 1 : Request for technical expertise

1. The party requesting a technical expertise shall submit its Request to the Secretariat of CEPANI by registered mail.

2. The Request shall mention the purpose and the nature of the technical expertise and be submitted together will all relevant documents.

Article 2 : Appointment of the expert

1. The Appointments Committee or the Chairman of CEPANI shall appoint an expert or a committee of experts as agreed by the parties or, in the absence of such an agreement, by taking into account the importance and the complexity of the case in question.

2. The parties shall define the expert's mission. Failing this, or if the wording of the mission is likely to create difficulties, the Appointments Committee or the Chairman of CEPANI shall define the expert's mission after having summoned and heard the parties beforehand.

3. The Secretariat of CEPANI shall send the file to the expert(s) as soon as the advance provided under Article 4, paragraph 1, hereinafter will have been paid by the parties or by one of them.

Article 3 : Duties of the expert

1. After having duly heard the parties, the expert shall proceed with his appraisal in accordance with his mission.

2. The parties shall take part in the expertise proceedings, either in person or through a representative. They may be assisted or represented by counsel.

3. The parties shall in every way assist the expert in carrying out his mission, namely by providing him with the necessary documents and giving access to the sites where his verifications and investigations need to be carried out.

4. Unless otherwise agreed, the findings and conclusions of the expert shall be binding on the parties just as the terms of their contract.

Article 4 : Costs of the technical expertise

1. The costs of the technical expertise shall include the expert's costs and fees as well as the administrative expenses of the Secretariat of CEPANI.

2. When opening the file, the Secretariat of CEPANI shall determine the amount of the advance needed to cover the costs of the technical expertise, due regard being given to the circumstances of the case.

Unless otherwise agreed, the parties shall contribute equally to this advance.

3. The final costs of the technical expertise shall be determined by the Secretariat of CEPANI at the end of the expert's investigations, and shall be borne equally by each of the parties, unless otherwise agreed by them.

Any other expenses shall be borne by the party who incurred them.

Article 5 : Notifications and communications

All notifications and communications made in pursuance of these Rules shall be valid if they are made by delivery against receipt, by registered mail, by courier, fax or any other means of telecommunication that proves their dispatch. Such notifications shall be valid if dispatched to the address or last known address of the addressee.

Article 6 : Rules of good conduct for experts

Only those persons who are independent of the parties and of their counsel and who comply with the rules of good conduct set out in Schedule II, may serve as experts in technical expert appraisal proceedings organised by CEPANI.