Loading...

CAM’s guidelines for Tribunal-appointed experts

The Chamber of Arbitration of Milan has recently issued its guidelines for Tribunal-appointed experts in arbitration proceedings administered by the Chamber.

These guidelines are available on the CAM’s website and you may easily access them by clicking here.

The guidelines are not binding. Their purpose is to help the Tribunal-appointed experts to carry out their activities, also in order to prevent possible procedural errors such as a violation of the adversarial principle. Therefore, “the guidelines do not amount to new arbitration rules.  They are a summary of what some Courts have held. These guidelines may help experts so that they do not incur in any procedural error, such as a violation of the adversarial principle, or errors arising out of a limited knowledge of arbitration.” 

In other words, the guidelines are a guidebook on the taking of evidence when an expert opinion is needed  (this is why the guidelines could also be useful for the arbitrators). Arbitral Tribunals or experts are free, if they so wish, to deviate from these guidelines. However, these guidelines shall be binding, pursuant to Article 2(1) of the Rules of the Chamber of Arbitration of Milan, if the parties referred to them in the arbitration clause. Indeed, Articles 2(1) of the Rules of the Chamber of Arbitration of Milan notes that “The arbitral proceedings shall be governed by the Rules, by the rules agreed upon by the parties up to the constitution of the Arbitral Tribunal if consistent with the Rules, or, in default, by the rules set by the Arbitral Tribunal.” 

The guidelines, which are structured into articles (referred to as “points”), are made up of five sections (appointment: Articles 1-10; expert’s operations: Articles 11-18; expert’s report: Articles 19-20; international arbitration: Article 21; costs: Articles 22-24), plus two appendixes. The first appendix contains several rules (a selection of Articles from the CAM’s Rules and the CAM’s Code of ethics, as well as the Italian Code of Civil Procedure). The second contains the declaration of acceptance and independence of the expert.

Roberto Oliva

Roberto is a partner of the Dispute Resolution Department of Pavia e Ansaldo, a leading independent Italian law firm, which has been operating in Italy and abroad for more than 60 years.

He is enrolled with the Milan Bar and admitted to practice before Italian senior Courts.

Roberto assists Italian and foreign clients in complex disputes before Italian State Courts and arbitral tribunals seated in Italy and overseas. Moreover, he is routinely appointed as an arbitrator by the parties, arbitral institutions, or appointing authorities.

Roberto is a member of the International Bar Association (IBA), “Associazione Italiana dell’Arbitrato (AIA)”, ArbIT – Italian Forum for Arbitration and ADR, and the Chartered Institute of Arbitrators (CIArb).

He also serves as the Honorary Secretary of the CIArb European Branch Committee, as a co-chair of ArbIT, and as the General Editor of the e-journal Arbitration in Italy.