Appointment of Technical Expert

Parties usually need a technical expert (or other independent professional, together “technical experts”) when they disagree on a technical, factual or other specialised matter, or simply want an independent assessment of one. This can happen in a partnership between companies, a construction or infrastructure project, or another commercial relationship. Typical examples include a dispute over whether a performance criterion under a construction, technology or infrastructure agreement has been met, the quality control of manufactured goods, or the interpretation of technical specifications, industry standards, or other specialised matters within the expert’s field.

For the SCC to appoint a technical expert, there must be an assignment from the parties to the SCC as the appointing authority. Parties can agree on that assignment in the main contract or after a dispute has arisen.

The SCC appoints the technical expert. The assessment itself is carried out by the expert, not by the SCC.

SCC's technical expert registry

If you would like to be considered for engagements as a technical expert, submit your details to our registry here.

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Model Clause on the Appointment of an Independent Technical Expert

If the parties disagree on [a technical issue or the appointment of a technical expert], an impartial and independent technical expert appointed by the SCC Arbitration Institute at the request of a party will decide the issue. The parties must promptly provide the technical expert any information requested, and each party has the right to access all information submitted to the technical expert.

The technical expert’s decision is contractually binding on the parties.

The costs for the appointment and for the technical expert will ultimately be [shared equally between the parties/borne by the party requesting the appointment/another option agreed upon by the parties].

How to request the SCC to appoint a technical expert?

To start the process, one or more of the disputing parties submits a request to the SCC.

The request should include:

The names, addresses, phone numbers and email addresses of all parties and their representatives, along with their personal or organisation identification numbers.
A description of the subject matter to be assessed. If this is a company or an asset, please include its registration number.
Power of attorney for the specified representative.
A brief description of the dispute.
A copy of the agreement the parties rely on for the request, or a description of its contents.
The names of any individuals or firms who cannot be involved in the assessment because of a conflict of interest.
The language to be used for the assessment process.
Any comments or preferences on the qualifications you would like the appointed candidate to have.

Please send the request and any attachments by email to: arbitration@sccarbitrationinstitute.com

How much does it cost?

The fee for appointing a technical expert is EUR 4,000 excluding VAT (EUR 5,000 including VAT). This covers the appointment process only. The parties and the technical expert agree separately on the cost of the assessment itself, which is not included in the SCC’s fee.

We will email you payment instructions as soon as you submit your request to the SCC.

Payment instructions will be sent by email as soon as the request has been submitted to the SCC.

FAQ

How does the SCC appointment process work?

Once we receive the request to appoint a technical expert, the SCC carries out a preliminary review of its jurisdiction and confirms receipt. Once the application fee is paid, the SCC notifies the counterparty of the request. This lets the counterparty know about the process and gives them a chance to comment.

Both parties can state their preferences on the candidate’s profile and qualifications, and the SCC takes these into account as far as possible when appointing the technical expert.

Once the parties have stated their preferences on the candidate’s profile and qualifications, the SCC contacts the prospective technical expert to check for any conflicts of interest.

Thereafter, the SCC informs the parties of its decision on the appointment.

The technical expert must confirm, in writing, that they are impartial, available, and willing to accept the assignment.

The prospective technical expert will receive access to the appointment request and certain supporting documents, to support their decision whether to accept the assignment and give an early indication of their fee.

In its decision, the SCC provides the name and contact details of the appointed technical expert and shares their written confirmation of acceptance of the assignment.

The SCC then closes the case.

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