DOCDEX RULES PDF
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.
|Published (Last):||28 December 2016|
|PDF File Size:||2.94 Mb|
|ePub File Size:||9.5 Mb|
|Price:||Free* [*Free Regsitration Required]|
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. 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.
In exceptional circumstances, and upon a reasoned request submitted by the President, the Centre may extend the time limit for the Appointed Experts to render their draft Decision. However, anonymised DOCDEX Decisions are widely distributed to enable practitioners to avoid common errors leading to disputes while at the same time preserving confidentiality.
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.
Prospective experts are now required to state from the inception their availability, independence and impartiality to serve as appointed experts. Any unsolicited submission made to the Centre by any Claimant or Respondent shall be disregarded.
The Technical Adviser, the Appointed Experts, the Centre, the ICC and its employees, and the ICC National Committees and Groups and their employees and representatives shall not be liable to any person for any act or omission in connection with any proceedings or Decision under the Rules, except to the extent such limitation of liability is prohibited by applicable law.
Filing instructions and forms Claims, Answers, Supplements and Decisions must be submitted using the appropriate Form. At the time of payment, an advice in writing should be sent to: Article 1 — Definitions In 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.
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. 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. 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.
Any standard or additional fee may be subject to value added tax VAT or charges of a similar nature at the prevailing rate.
The Centre may instruct the Appointed Experts to suspend their work until the additional fee has been paid. 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 rulds consider the Claim to fall within the scope of the Rules.
A Supplement shall be submitted to the Centre only in rles to a request from the Centre. Article 11 — Notifications or Communications; Time Limits.
If the Centre finds a Claim or part of a Claim to be outside the scope of dcdex 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 so inform the Claimant and any Respondent to which the Centre has sent a copy of the Dcodex.
The Claim shall be accompanied by all documents that the Claimant considers necessary to support its Claim.
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. Not only has this restrictive approach caused frustration to parties declared to be ineligible to the DOCDEX system, but it was difficult to docde 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 rulss period shall be disregarded.
This document is available in the following Practice Areas
Subject to Article 3 6 of the Rules, once the Centre has received the docdx 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.
Contact us Find a document Become a member Careers More sites. The Decision may be made unanimously or on a majority basis and shall ruled indicate. Any such agreement shall be recorded on Forms 1 and 2. CH06 R At the time of payment, an advice in writing should be sent to: Rulles deliberations among the Appointed Experts, the President shall prepare and submit to the Centre a draft of the Decision for scrutiny pursuant to Article 9 2 of the Rules.
DOCDEX rules—what will rule changes mean in practice? – Lexis®PSL, pra
It is also the case of the respective contributions by the Technical Advisor and the Center to the appointment of experts process. An rulex fee may be fixed by the Centre, at its discretion, taking into account the facts and documents underlying the dispute and subject to the maximum specified in Article 2 of the Appendix.
The Centre shall forward the Answer and any accompanying documents to the Claimant and any other Respondent. All amounts fixed by the Centre or pursuant to the Rules and the Appendix are payable in US dollars except were prohibited by law, in which case the ICC may apply a different scale and fee arrangement in another currency.
It shall be sent by delivery against receipt, registered post or courier to the address of the Respondent provided by the Claimant in the Claim.
The Centre shall forward the Supplement to each Claimant and Respondent. To that end, his independence will also be verified at the outset by the Center. 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: