FICM Neutral Appointing Service

A leading worldwide resource of finest and most credible dispute resolution Neutrals, FICM provides quick, confidential and cost-effective methods of dispute avoidance and dispute resolution to users in India and around the world.

Drawing on the vast membership of diverse professionals from over 70 countries, FICM has access to an immense pool of qualified and experienced professionals, from a wide range of disciplines, including lawyers, engineers, surveyors, architects and accountants.

Dispute resolvers can be appointed to deal with civil or commercial disputes, in almost all areas.

In-house Counsel and Law Firms appoint FICM Neutral service for a broad spectrum disputes.

FICM Neutral Service maintains extensive rosters of Neutrals for different processes and types of disputes and parties can make their own choice out of these comprehensive lists.

Proposal

The proposal of an expert or a neutral may serve various purposes that are not only limited to disputes. Parties might wish to obtain an expert opinion on an issue of importance in the ordinary course of business or they might want to call upon a neutral to facilitate their negotiations. An expert may also be required as a potential expert in arbitration or other dispute resolution proceedings. In such cases, a party may unilaterally request MCN to propose the name of an expert or a neutral. No other person will be informed of this request unless the requesting party explicitly asks MCN to do so. A neutral may be needed to act as a mediator, a dispute board member or to assist in resolving a dispute not administered by MCN. A proposal is not binding on the requesting party or parties and MCN’s involvement ends with the delivery of the proposal.

Appointment

When disputes arise, parties might wish to have an expert appointed by MCN to decide on a particular issue. For example, on the valuation of shares or the quality control of a manufactured good. Or they might have agreed on a dispute resolution procedure for which they need a neutral to act as mediator, but cannot agree on the person to fulfil this role. An appointment by MCN is binding on the parties. MCN’s involvement ends upon completion of the appointment process. It does not extend to the administration of the ensuing expert proceedings, which is the subject of a separate set of rules.

Administration of expert proceedings

When faced with differences or in dispute, parties may require an expert to give findings on specific issues. In addition to appointing an expert or confirming an expert nominated by the parties, MCN’s role covers supervision of the proceedings. This includes such tasks as coordinating between the parties and the expert; monitoring deadlines; overseeing costs; and unless explicitly excluded, scrutinizing the draft expert report. It is MCN that notifies the report to the parties at the end of the proceedings. The expert’s findings may be useful to the parties when negotiating a settlement of their dispute or differences. Although in principle they are not binding, parties may—if they wish and subject to applicable law—agree to give the findings the force of a contractually binding expert determination.

For the appointment of Experts and Neutrals  please contact us at +91 8505 999 819 or mail us at sonali@mediationhub.in