These rules concern a service called Documentary Instruments Dispute Resolution Expertise (DOCDEX) which is available in connection with any dispute. Docdex is one of the options available to solve letter of credit disputes. settled under the DOCDEX Decision in accordance with the ICC DOCDEX Rules, ICC. These rules concern a service called Documentary Instruments Dispute Resolution Expertise (DOCDEX) which is available in connection.
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Each Appointed Expert must be and remain impartial and independent of the parties involved in the dispute.
ICC events 16 Jan The draft Decision shall be submitted within 30 days of receipt by the Appointed Experts of all information and documents they consider necessary for determining the issues in dispute. When considered docedx by the Appointed Experts, the President may ask the Centre to request any Claimant or Respondent to submit a Supplement in accordance with Article 5 of the Rules. Subject to Article 11 1 of the Rules, all notifications or communications to and from the Centre shall be made by email or by any other means of telecommunications, excluding fax, that provides a record of the sending thereof.
Periods of time specified in or fixed under the Rules shall start to run on the day following the date a notification or communication is deemed to have been made in accordance with Article 11 3 of the Rules.
The year — What lies behind us and what is ahead? It would be wrong however to consider that resorting to court litigation or to binding arbitration to put an end to the dispute is a fatality. Before any appointment, prospective Appointed Experts shall sign a statement of acceptance, availability, impartiality and independence and shall disclose in writing to the Centre any facts or circumstances which might be of such a nature as to call into question their independence in the eyes of any Claimant or Respondent, as well as any circumstances that could give rise to reasonable doubts as to their impartiality.
Any Answer received by the Centre after the expiry of the specified period shall be disregarded. The Answer and all accompanying documents shall be supplied to the Centre only in electronic form in accordance with Article 11 2 of the Rules. International Chamber of Commerce. If the dispute arises out of or is in connection with an instrument, undertaking rulss agreement that does not provide for the application of ICC Banking Rules, it shall be administered under the Rules only if docdeex Claimant and each Respondent so agree.
There shall be no oral hearing before the Appointed Experts. The Rules provide for expedited proceedings, with no opportunity for the oral examination of fact or expert witnesses or for oral submissions at a hearing. rlues
Article 1 — Definitions In the Rules: No submission by any person other than a Claimant or Respondent shall be admitted in the proceedings and any such submission received by the Centre shall be disregarded.
The Chair of the Banking Commission is the repository of the List and can add or remove experts from the List at any time, as need be.
When disputes related to trade finance instruments occur, we offer a specialised method that is confidential, quick and cost-effective called Documentary Instruments Dispute Resolution Expertise DOCDEX.
Proceedings under the Rules are not arbitral proceedings and a Decision is not an arbitral award. The Centre shall fix a time limit for the payment of the additional fee. A Supplement shall be submitted to the Centre only in response to a request from the Centre. If the Respondent fails to notify the Centre of an email or other electronic address, then the Centre may use the address for the Respondent that is provided by the Claimant.
To that end, his independence will also be verified at the outset by the Center. This is the case of the non-binding character of a DOCDEX decision unless the parties otherwise agree in their contract or at any stage of the dispute. Moreover, in the interest of transparency, but also of standardization and education, redacted DOCDEX decisions will be published more regularly and promptly after being rendered.
Article 11 — Notifications or Communications; Time Limits. The version of the Rules that is applicable at the time of submission of a Claim shall apply to the proceedings unless otherwise agreed by each Claimant and Respondent.
The Technical Adviser, the Appointed Experts, the Centre, the ICC and its employees, and the ICC National Committees and Groups and their employees and representatives shall not be liable to any person for any act or omission in connection with any proceedings or Decision under the Rules, except to the extent such limitation of liability is prohibited by applicable law.
Following deliberations among the Appointed Experts, the President shall prepare and submit to the Centre a draft of the Decision for scrutiny pursuant to Article 9 2 of the Rules. The standard fee shall be non-refundable, unless the Centre rejects all or part of the Claim pursuant to Article 3 6 of the Rules.
The year — What lies behind us and what is ahead? A Claim, Answer and Supplement shall be considered final as received and may not be amended. In considering whether or not to reject a Claim or part of a Claim prior to the appointment of the Appointed Experts, the Centre may seek guidance from the Technical Adviser pursuant to Articles 2 1 and 7 3 of the Rules.
If a document accompanying a Claim, Answer or Supplement contains data not drafted in English, it shall be accompanied by an English translation, unless the Centre agrees otherwise in writing. CH06 R At the time of payment, an advice in writing should be sent to: From time to time, however, disagreements may emerge on a point of law or fact, and points of view or interests may differ between the parties.
DOCDEX rules—what will rule changes mean in practice? – Lexis®PSL, pra
This change is expected to curb administrative delays and ultimately result in faster and better processed proceedings. Contact us Find a document Become a member Careers More sites.
The Centre may, at its discretion, accede to a request from a Claimant or Respondent for permission to make a new or additional submission, whereupon such submission shall be supplied in the form of a Supplement within the period indicated by rulea Centre.
In exceptional circumstances, and upon a reasoned request submitted by the President, the Centre may extend the time limit for the Appointed Experts to render their draft Decision.
The Centre shall take any such disclosure into account before making the appointment. Building on the untapped expertise in the Commission, the new DOCDEX rules enjoy an enlarged scope that make them available to any trade finance-related dispute whether or not a set of Banking Commission rules applies.
Over the years, the original rules showed their limits whether in terms of managing the expert appointment process, dealing with unwarranted delays docex struggling to find an answer to unexpected procedural challenges. They expect their dealings to self-liquidate in a peaceful conclusion that would both be profitable to the parties and an incitation to engage into further dealings.
News_DOCDEX : A New Dispute Resolution System for Trade Finance Disputes
However, anonymised DOCDEX Decisions are widely distributed to enable practitioners to avoid common errors leading to disputes while at the same time preserving confidentiality. A Supplement shall be submitted to the Centre within 14 days of its request, in electronic form only. The Decision shall be deemed to have been made on the date stated therein.