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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If the last day of the relevant period of time granted is an official holiday or a non-business day in the country where the notification or communication is deemed to have been made, the period of time shall expire at the end of the first following business day.
But they avoid turning into enemies as is unfortunately the case when the dispute is submitted to courts.
The Rules are available for any dispute which the Centre, in consultation with the Technical Adviser and subject to Articles 2 2 and rhles 3 of the Rules, may agree to administer and which relates to:. 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.
International Chamber of Commerce. An Appointed Expert who becomes unable to carry out the functions entrusted by the Centre shall so inform the Centre without delay. 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.
This document is available in the following Practice Areas
Subject to Article 3 6 of the Rules, the Centre shall acknowledge receipt of the Claim and the fee to the Claimant. Proceedings under the Rules are not arbitral proceedings and a Decision is not an arbitral award. A Supplement shall be submitted to the Centre only in response to a request from the Centre. International Chamber of Commerce. Any information or documents given by the Centre to the Technical Adviser or the Appointed Experts in connection with proceedings under the Rules shall be used by the Technical Adviser and the Appointed Experts only for the purpose of such proceedings and shall be treated by them, as well as by the Centre, as confidential.
The Centre shall also refund all or part of any fee received pursuant to Article 3 3 of the Rules, as appropriate.
News_DOCDEX : A New Dispute Resolution System for Trade Finance Disputes
Accordingly, the Rules are not appropriate where such examination or submissions are required to resolve any factual or legal issues raised by the Claim. CH06 R At the time of payment, an advice in writing should be sent to: The entire process usually takes between two and three months, compared to years with court proceedings. At the time of payment, an advice in writing should be sent to: Cases are decided by a panel of three impartial experts having extensive experience in, and knowledge of, trade finance transactions.
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 the Centre. Article 1 — Definitions In the Rules: In all matters not expressly provided for in the Rules, the Technical Adviser, the Appointed Experts and the Centre shall act in the spirit of the Rules.
They have brilliantly passed the test of a broad variety of disputes. When considered necessary 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.
ICC events 16 Jan Official holidays and non-business days are included in the calculation of the period of time. But some disagreements evolve into a dispute and need to be submitted to a neutral forum for resolution.
DOCDEX – ICC – International Chamber of Commerce
The Technical Adviser shall also provide guidance on the area s of expertise that the Claim requires and that the Appointed Experts should possess. A hard copy of the Claim shall be sent by the Centre to each Respondent pursuant to Article 3 5 of the Rules.
In choosing an ADR, the parties compromise in no manner on their position. Across the world, banks and businesses engage in commercial dealings for considerable amounts and under a broad variety of terms. There shall be no oral hearing before the Appointed Experts. 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.
Filing instructions and forms Claims, Answers, Supplements and Decisions must be submitted using the appropriate Form. A notification or communication shall be deemed to have been made on the day it was received by the Claimant or Respondent docdeex or by its representative, or would have been received if made in accordance with Article 11 2 of the Rules.
The Claim shall be accompanied by all documents that the Claimant considers necessary to support its Claim. Once a Decision has been made, the Centre shall make it available to each Claimant and to any Respondent that has submitted an Answer pursuant to Article 4 focdex the Rules. When disputes related to trade finance instruments occur, we offer a specialised method that is confidential, quick and cost-effective docfex Documentary Instruments Dispute Resolution Expertise DOCDEX.
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. Subject to Article 3 6 of the Rules, once the Docfex has received the electronic and hard copies of the Claim and the fee, it shall send a rocdex copy of the Claim and any accompanying documents to each Respondent identified in the Claim for its Answer, as provided in Article 11 1 of the Rules.
If the dispute arises out of or docrex in connection with an instrument, undertaking or agreement that does not provide for the application of ICC Banking Rules, it shall be administered under the Rules only if each Claimant and each Respondent so agree. Rulrs the appointment of the Appointed Experts, the Centre shall reject docdez Claim or part of a Claim if informed by a majority of the Appointed Experts pursuant to Dofdex 8 3 that they consider it to be outside the scope of the Rules.
Their agreement shall be recorded on Forms 1 and 2. A Supplement shall be submitted to the Centre within 14 days of its request, in electronic form only. If the Centre finds docdfx Claim or part of a Claim to be outside the scope of the Rules, or considers in its discretion that the administration dodex a Claim or part of a Claim would not be in the spirit of the Rules, the Centre may rulss all or part of that Claim at any time, before or after acknowledging receipt, and in such event shall so inform the Claimant and any Respondent to which the Centre has sent a copy of the Claim.
The above provisions on the costs of proceedings shall be effective as of 1 May in respect of all proceedings commenced on or after such date under the present or any previous version of the ICC DOCDEX Rules. The Centre shall forward the Supplement to each Claimant and Respondent.
It could only be brought by a comprehensive revision of the rules, in both their scope and administration. All fields in the relevant Form shall be completed concisely, in English, and shall contain all necessary information clearly presented.