DIS EDR DIS Rules on Expert Determination (2010)
DIS EDR
DIS Rules on Expert Determination (2010)
7.1 An arbitration expert may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. A party may challenge an arbitration expert nominated by it, or in whose nomination it has participated, only for reasons of which it becomes aware after the nomination has been made.
7.2 The challenge shall be notified and substantiated to the DIS within two weeks of being advised of the constitution of the panel of arbitration experts pursuant to section 6 subsection 10 or of the time at which the party learns of the reason for challenge. The DIS Main Secretariat informs the arbitration experts and the other party of the challenge and sets a reasonable time-limit for comments from the challenged arbitration expert and the other party. If the challenged arbitration expert does not withdraw from his office or the other party does not agree to the challenge within the time-limit fixed, the challenging party may apply to the DIS Main Secretariat within two weeks for a decision of the DIS Appointing Committee on the challenge, unless otherwise agreed by the parties. Upon filing the request, the requesting party shall pay to the DIS the fee for the decision on the challenge of an arbitration expert pursuant to the schedule of costs (appendix 1 to section 30 subsection 6) in force on the date of receipt of the request by the DIS Main Secretariat. The decision of the DIS Appointing Committee is not subject to appeal.
7.3 If the other party agrees to the challenge, or if the arbitration expert withdraws from his office after being challenged, or if the application of challenge has been granted, a substitute arbitration expert shall be nominated. Section 6 applies mutatis mutandis to the nomination and confirmation of the substitute arbitration expert.
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