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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DOCDEX rules—what will rule changes mean in practice? – Lexis®PSL, pra
An Appointed Expert who becomes unable to carry out the functions entrusted by the Centre shall so inform the Centre without delay. 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.
A Decision shall not be binding on any Claimant or Respondent unless each Claimant and Respondent agrees that the Decision shall be contractually binding upon them. 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.
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.
Over the years, the original rules showed their limits whether in terms of managing the expert appointment process, dealing with unwarranted delays or struggling to find an answer to unexpected procedural challenges.
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. 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 Centre shall fix a time limit for the payment of the additional fee.
Accordingly, the Rules are not docded where such examination or submissions are required to resolve any factual or legal issues raised by the Rles. Subject to Article 11 1 of the Rules, all notifications or communications to and from the Dcdex shall be made by email or by any other means of telecommunications, excluding fax, that provides a record of the sending thereof.
The standard fee shall be non-refundable, unless the Centre rejects all or part of the Claim pursuant to Docfex 3 6 of the Rules. Not only has this restrictive approach caused frustration to parties declared to be ineligible to the DOCDEX system, but it was difficult rkles justify when seeing the wealth of expertise that the Banking Commission enjoys in trade finance in general, far beyond the rules that it has so far issued.
Any Answer received by the Centre after the expiry of the specified period shall be disregarded. 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. Upon receipt of the draft Decision from the President, the Centre shall transmit it forthwith to the Technical Adviser for scrutiny.
This essential characteristic frees the third person facilitating the settlement from the rigid shackles of due process and allows her to devise a flexible approach to communicating with the parties and expressing her views. At the time of submitting a Claim, the Claimant shall pay the fee specified in the Appendix.
A Claim, Answer and Supplement shall be considered final as received and may not be amended.
The Claim and all accompanying documents shall be supplied to the Centre in electronic form, together with one hard copy for each Respondent. Any unsolicited submission made to the Centre by any Claimant or Respondent shall be disregarded.
DOCDEX – ICC – International Chamber of Commerce
Docdrx 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. 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.
The Centre shall also refund all or part of any fee received pursuant to Article 3 3 of the Rules, as appropriate. Article 5 — Supplementary Information and Additional Documents. If the Respondent fails to notify the Centre of an email or other electronic address, then docdrx Centre may use the address for the Respondent that is provided by the Claimant.
ICC events 16 Jan A notification or communication shall be deemed to have been made on the day it was received by the Claimant or Respondent itself or by its representative, or would have been received if made in accordance with Article 11 2 of the Rules. Article 1 — Definitions In the Rules: 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.
Filing instructions and forms Claims, Answers, Supplements and Decisions must ruled submitted using the appropriate Form. A Supplement shall be submitted to the Centre within 14 days of its request, in electronic form only.
News_DOCDEX : A New Dispute Resolution System for Trade Finance Disputes
International Chamber of Commerce. The Centre shall forward the Answer and any accompanying documents to the Claimant and any other Respondent. The entire process usually takes between two and three months, compared to years with court proceedings. Article 11 — Notifications or Communications; Time Limits.
How to be a successful arbitration practitioner. If the Centre finds a Claim or part of a Claim to be outside the scope of the Rules, or considers in its discretion that the administration of a Claim or part of a Claim would not be in the spirit of the Rules, the Centre may reject all or part of that Claim at any time, before or after acknowledging receipt, and in such event shall doccex inform the Claimant and any Respondent to which the Centre has sent a copy of the Claim.
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:.