(1) If the contract provides for experts to establish the individual prerequisites for the claim arising under the insurance, or the amount of the loss, the establishment is not binding if it obviously deviates considerably from the facts and circumstances. The prerequisites are established by a judicial ruling in such cases. This also applies if the experts are unable or unwilling to carry out the establishment, or delay the establishment.
(2) If the contract provides for the experts to be appointed by the court, the local court has jurisdiction for appointing the experts in whose district the loss occurred. Jurisdiction may be transferred to another local court by explicit agreement between the contracting parties. The order on account of which the application for the appointment of experts is granted is not contestable.