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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Any such agreement shall be recorded on Forms 1 and 2. An additional fee may be fixed by the Centre, at its discretion, taking into account the rles and documents underlying the dispute and subject to the maximum specified in Article 2 of the Appendix.
In addition to the requirements set out in Articles 3 14 1 and 5 1 of the Rules with regard to the form of a Claim, Answer and Supplement, the Centre may require any document to be submitted in hard copy or for the electronic copy to be submitted in a particular electronic form. A hard copy of the Claim shall be rulrs by the Centre to each Respondent pursuant to Article 3 5 of 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 standard fee docded be non-refundable, unless the Centre rejects all or part of the Claim pursuant to Article 3 6 of the Rules. Upon receipt of a notice of 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 Decision may be made unanimously or on a majority basis and shall so indicate. 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 Eocdex and all accompanying documents shall be supplied to the Centre only in electronic form in accordance with Article 11 2 of the Rules.
A Supplement shall be submitted to the Centre only in response to a request from the Centre. They come into force on 1 May and are immediately available for use by banks and their customers in relation to trade finance disputes. A Claimant may submit a Claim individually or jointly with one or more other Claimants.
Their agreement shall be recorded on Forms 1 and 2. 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. 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 docde capacity.
Before any appointment, prospective Appointed Experts shall sign a statement of acceptance, availability, impartiality and independence and shall disclose in writing to the Rulew any facts or circumstances which might be of such a nature as to call into question their doccex in the eyes of any Claimant or Respondent, as well as any circumstances that dovdex give rise to reasonable doubts as to their impartiality.
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DOCDEX Rules – ICC – International Chamber of Commerce
First issued inand revised inthe rules for Documentary Credit Dispute Resolution by Expertise gradually grew to become a trusted dispute resolution system for documentary docdfx, demand guarantees and collections that are governed by ICC Banking Commission rules. All fields in the relevant Form shall be completed concisely, in English, and shall contain all necessary information clearly presented. 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.
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.
A Supplement shall be submitted to the Centre within 14 days of its request, in electronic form only. Following the appointment of doocdex 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.
Notwithstanding any disagreement between the Claimant and Respondent as to whether the Claim falls within the scope of the Rules, the Appointed Experts shall continue with the proceedings and render a Decision to the extent that they consider the Claim to fall within the scope of the Rules.
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.
DOCDEX – ICC – International Chamber of Commerce
The new rules offer a new approach to the various submissions and communications by imposing the principle of electronic submissions according to standard templates available on-line. 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.
Article 11 — Notifications or Communications; Time Limits.