Key scientific ideas and proposals.
If it is necessary to involve a third party (expert organization) to assess compliance with the criteria by which the parties wish to qualify the relevant circumstances as a material change in circumstances within the meaning of Article 652 of the Civil Code of Ukraine, or §1 of the Rules of the International Chamber of Commerce on the Settlement of Contractual Relations (ICC Publication No. 421 (E) on Force Majeure and Hardship), the parties may provide in the contract a condition regarding the risks of a material change in circumstances that the parties could not foresee when concluding the contract. Such a condition may be defined in the following wording: “The basis for the Parties to make a relevant decision as a result of a significant change in circumstances that the Parties could not foresee when concluding the agreement is an expert opinion of an independent professional expertise compiled by experts of an institution that has the appropriate statutory powers for this purpose, the organization of its activities meets the requirements of international standards, namely: ISO 9001:2015 (Quality Management Systems), ISO 37001:2016 (Anti-corruption Management Systems), ISO/IEC 27001:2013 (Information Security Management Systems), EN ISO/IEC 17020:2012 (Management Systems of a Conformity Assessment Body, in particular: an Inspection Body), its professional liability is insured in case of harm to third parties and the qualifications of the experts are confirmed by relevant documents”.
Thus, before establishing legally defined requirements for expert assessment of a significant change in circumstances that the parties could not foresee when concluding the agreement (contract), a contractual norm may serve, by which the parties themselves establish such requirements for the expert institution, its activity processes and experts who will prepare the expert opinion, as well as the risks of professional liability of the expert institution to the customer of the expertise.
