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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Proceedings under the Rules are not arbitral proceedings and a Decision is not an arbitral award. Each Appointed Docsex must be and remain impartial and independent of the parties involved in the dispute. A hard copy of the Claim shall be sent by the Centre to each Respondent doccex to Article 3 5 of the Rules. Subject to Article 3 6 of the Rules, once the Centre has received the electronic and hard copies of the Claim and the fee, it shall send a hard 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.
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. A number of ethical safeguards are added to the process to ensure that a person having served as DOCDEX expert is barred from any further involvement in the dispute under any other capacity.
The entire process usually takes between two and three months, compared to years with court proceedings. 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.
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 docdeex that could give rise to reasonable doubts as to their impartiality.
The Centre may authorize the publication of any Decision, provided that the identities of each Claimant, Respondent and any other person or entity named in the Claim, Answer or any Supplement are not disclosed.
International Chamber of Commerce. Following the appointment of the Appointed Experts, the Centre shall reject a Claim or part of a Claim if informed by a majority of the Appointed Experts pursuant to Article 8 3 that they consider it to be outside the scope of the Rules.
It shall be sent by delivery against receipt, registered post or courier to the address of the Respondent provided by the Claimant in the Docded.
Any Answer received by the Centre after the expiry of the specified period shall be disregarded.
All amounts fixed by the Centre or pursuant to the Rules and the Appendix are payable in US dollars except were prohibited rulles law, in which case the ICC may apply a different scale and fee arrangement in another currency. They have brilliantly passed the test of rule broad variety of disputes.
If the Appointed Experts consider that the Claim is outside the scope of the Rules, they shall so inform the Centre, which shall reject the Claim pursuant to Article 3 6 of the Rules.
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. 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.
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They come into force on 1 May and are immediately available for use by banks and their customers in relation to trade finance disputes. Any standard or additional fee may be subject to value added tax VAT or charges of a similar nature at the prevailing rate.
The Technical Adviser shall, if requested, offer guidance to the Centre on whether the Claim falls within the scope of the Rules. A Claim, Answer and Supplement shall be considered final as received and may not be amended. Subject to Article 3 6 of the Rules, the Centre shall acknowledge receipt of the Claim and the fee to the Claimant. Upon receipt of a notice urles termination, an Appointed Expert shall promptly dispose of any documents received from the Centre in an appropriate manner as agreed with the Centre.
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The Appointed Experts shall render the Decision exclusively on the basis of the Claim, any Answer and any Supplement, the terms and conditions of the focdex finance-related instrument, undertaking or agreement, the ICC Banking Rules that may be applicable and international standard practice in trade finance.
Official holidays and non-business days are included in the calculation of the period of time. 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 of the Rules. The Centre shall forward the Supplement to each Claimant and Respondent.
This document is available in the following Practice Areas
No submission by any ruules other than a Claimant or Respondent shall be admitted in the proceedings and any such submission received by the Centre shall be disregarded.
But they avoid turning into enemies as is unfortunately the case when the dispute is submitted to courts.
The Centre may instruct the Appointed Experts to suspend their work until the additional fee has been paid. It can take the form of any of the alternative dispute resolution methods ADR where a neutral third person gives her expert view as to what a just solution would be. This is the case of the non-binding rukes of a DOCDEX decision unless the parties otherwise agree in their contract or at any stage of the dispute.
This was either the result of a lack of Banking Commission rules dedicated to a particular type of transactions, as in the case of trade loans, syndications, negotiable instruments, risk purchase agreements or countertrade, or because the dispute concerned an aspect of the transaction that was not covered in the relevant ICC rules, such as authority, conflicts of priority, governing law or fraud in a letter of credit.