All communications and submissions in the proceedings are sent to or by the Centre. There are no direct communications between the parties and the Appointed Experts, whose identity shall remain confidential. DOCDEX proceedings do not provide for the oral examination of fact or expert witnesses or for oral submissions at a hearing. Accordingly, the DOCDEX Rules are not appropriate where such examination or submissions are required to resolve any factual or legal issues raised by the Claim.
|Published (Last):||27 December 2019|
|PDF File Size:||3.74 Mb|
|ePub File Size:||6.74 Mb|
|Price:||Free* [*Free Regsitration Required]|
The Initiator may be one of the parties to the dispute applying individually, or more or all parties to the dispute submitting jointly a single Request. The Request, including all documents annexed thereto, shall be supplied to the Centre in Paris, France, in four copies. No Request shall be processed unless accompanied by the requisite payment. The Respondent may be one or more of the parties to the dispute named in the Request as Respondent, each submitting an individual Answer or submitting jointly a single Answer.
The Answer, including all documents annexed thereto, shall be supplied to the Centre in Paris, France in four copies. The Supplement shall be concise and contain all necessary information clearly presented and include copies of relevant documents.
It shall also contain: 4. The stipulated time should not exceed 30 days after the date of the Acknowledgement of the receipt of a Request or 14 days after the date of an Invitation to submit a Supplement.
If the last day of the relevant period of time is, or any fixed day falls on, a non-business day in Paris, France, then the period of time shall expire at the end of the first following business day in Paris. Each Appointed Expert shall declare his independence of the parties indicated in the Request. The Centre shall designate one of the three Appointed Experts to act as their Chair. Where the Centre deems that an Appointed Expert is unable to carry out his functions, it shall immediately give notice of termination to such Appointed Expert.
In either case, such Appointed Expert shall immediately return to the Centre the Request, Answer s and Supplement s received, including all documents annexed thereto, and the Centre shall inform the other Appointed Experts of such termination.
Amendments suggested by the Technical Adviser or his delegate shall be subject to the consent of the majority of the Appointed Experts. The Standard Fee shall not be recoverable. In exceptional circumstances, an Additional Fee may be payable which shall be fixed by the Centre at its discretion, taking into account the complexity of the issue and subject to the ceiling set out in the Appendix under "Additional Fee". Such Additional Fee shall be invoiced to the Initiator within a reasonable time, at the latest, within 45 days after the date of the Acknowledgement of the Request.
The Centre will fix a time limit for the payment of the Additional Fee. The Centre may stay the procedure at any time, and instruct the Appointed Experts to suspend their work on the case, until the Additional Fee is paid by the Initiator. No Additional Fee will be charged where the amount of the letter of credit, the collection, or the demand guarantee in dispute does not exceed the minimum amount stated in the Appendix.
The Rules are available for any dispute which the Centre, in consultation with the Technical Adviser and subject to Articles 2 2 and 2 3 of the Rules, may agree to administer and which relates to: a documentary credit, a standby letter of credit, a bank-to-bank reimbursement, a demand guarantee or counter-guarantee, a forfaiting transaction, a bank payment obligation BPO , or any other trade finance-related instrument, undertaking or agreement. When a dispute falling within the scope of Article 2 1 of the Rules arises, a party may refer the dispute to the Rules to obtain an independent, impartial and prompt expert decision on the basis of the terms and conditions of the relevant instrument, undertaking or agreement, any applicable ICC Banking Rules and international standard practice in trade finance. If the dispute arises out of or is 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. Their agreement shall be recorded on Forms 1 and 2. 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. Accordingly, the Rules are not appropriate where such examination or submissions are required to resolve any factual or legal issues raised by the Claim. Proceedings under the Rules are not arbitral proceedings and a Decision is not an arbitral award.
ICC DOCDEX is a dispute resolution procedure specifically designed for the world of trade finance, whereby a panel of three independent and impartial experts render a decision on a dispute arising out of a trade finance instrument, undertaking or agreement. This rapid, document based procedure offers an attractive alternative to costly and protracted litigation. In the Rules were extended to guarantees and collections also incorporating ICC banking rules. The revision further extends their scope to a wider range of trade finance instruments, including transactions or aspects of transactions not covered by existing ICC banking rules, such as trade loans, syndications, negotiable instruments, risk purchase agreements, conflicts of priority and fraud in letters of credit. A new and original feature of the revision is the requirement that filings be made in electronic form using standard templates downloadable from the ICC website.