(First revision, effective from 15 March
2002)(republished with grammatical and
typographical corrections July 2002)
Article 1:
Dispute Resolution
Service
1.1. These Rules concern a service
called Documentary Instruments Dispute Resolution Expertise
(DOCDEX) which is available in connection with any dispute related
to:
· a documentary credit incorporating the ICC Uniform Customs and
Practice for Documentary Credits (UCP), and the application of the
UCP and/or of the ICC Uniform Rules for Bank-to-Bank Reimbursement
under Documentary Credits (URR),
· a collection incorporating the ICC Uniform Rules for Collections
(URC), and the application of the URC,
· a demand guarantee incorporating the ICC Uniform Rules for Demand
Guarantees (URDG), and the application of the URDG.
Its objective is to provide an independent, impartial and
prompt expert decision (DOCDEX Decision) on how the dispute should
be resolved on the basis of the terms and conditions of the
documentary credit, the collection instruction, or the demand
guarantee and the applicable ICC Rules, be it the UCP, the URR, the
URC or the URDG (ICC Rules).
Any reference to DOCDEX will be deemed to apply to the
latest version of the DOCDEX Rules and the applicable version of
the ICC Rules, unless otherwise stipulated in the documentary
credit, the collection instruction or the demand
guarantee.
1.2. DOCDEX is made available by the
International Chamber of Commerce (ICC) through its International
Centre for Expertise (Centre) under the auspices of the ICC
Commission on Banking Technique and Practice (Banking
Commission).
1.3. When a dispute is submitted to the
Centre in accordance with these rules, the Centre shall appoint
three experts from a list of experts maintained by the Banking
Commission. These three experts (Appointed Experts) shall make a
decision which, after consultation with the Technical Adviser of
the Banking Commission, shall be rendered by the Centre as a DOCDEX
Decision in accordance with these Rules. The DOCDEX Decision is not
intended to conform with any legal requirements of an arbitration
award.
1.4. Unless otherwise agreed, a DOCDEX
Decision shall not be binding upon the parties.
1.5. In the DOCDEX procedure the
communication with the Centre shall be conducted exclusively in
writing, i.e. by communication received in a form that provides a
complete record thereof, via teletransmission or other expeditious
means.
Article 2:
Request
2.1. The Initiator shall apply for a DOCDEX
Decision by submission of a request (Request). 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.
2.2. A Request shall be concise and contain
all necessary information clearly presented, in particular the
following:
2.2.1. full name and address of the
Initiator, clearly stating such Initiator's function(s) in
connection with the documentary credit, the collection, or the
demand guarantee, and
2.2.2. full name and address of any other
party to the dispute (Respondent), clearly stating such
Respondent's function(s) in connection with the documentary credit,
the collection, or the demand guarantee, where the Request is not
submitted jointly by all parties to the dispute, and
2.2.3. a statement of the Initiator formally
requesting a DOCDEX Decision in accordance with the ICC DOCDEX
Rules, ICC Publication No. 811, and
2.2.4. a summary of the dispute and of the
Initiator's claims, clearly identifying all issues related to the
documentary credit, the collection, or the demand guarantee and the
applicable ICC Rules to be determined, and
2.2.5. copies of the documentary credit, the
collection instruction, or the demand guarantee in dispute, all
amendments thereto, and all documents deemed necessary to establish
the relevant circumstances, and
2.2.6. a statement by the Initiator that a
copy of such Request, including all documents annexed thereto, has
been sent to each Respondent named in the Request.
2.3. The Request must be accompanied by the
payment of the Standard Fee as per the Appendix hereto. No Request
shall be processed unless accompanied by the requisite
payment.
Article 3:
Answer
3.1. The Respondent may submit an Answer to
the Initiator's Request. 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 must be received by the Centre within the period
stipulated in the Centre's Acknowledgement of the Request (see
Article 5). The Answer, including all documents annexed thereto,
shall be supplied to the Centre in Paris, France, in four
copies.
3.2. An Answer shall be concise and contain
all necessary information clearly presented, in particular the
following:
3.2.1. name and address of the Initiator,
and
3.2.2. date of the relevant Request,
and
3.2.3. a statement of the Respondent formally
requesting a DOCDEX Decision in accordance with the ICC DOCDEX
Rules, ICC Publication No. 811, and
3.2.4. a summary of the Respondent's claims,
clearly referring to all issues related to the documentary credit,
the collection, or the demand guarantee and the applicable ICC
Rules to be determined, and
3.2.5. copies of all additional documents
deemed necessary to establish the relevant circumstances,
and
3.2.6. a statement of the Respondent that a
copy of such Answer, including all documents annexed thereto, has
been sent in writing to the Initiator and to the other Respondent
named in the Request.
3.3. If the Respondent does not provide a
statement pursuant to Article 3.2.3, then the final DOCDEX Decision
will not be made available to him.
Article 4:
Supplements
4.1. Request, Answers and Supplements shall
be final as received.
4.2. The Centre may ask the Initiator and
Respondent, by way of an Invitation, to submit specific
supplementary information, including copies of documents, relevant
to the DOCDEX Decision (Supplement).
4.3. Supplements must be received by the
Centre in four copies within the period stipulated in the
Invitation. The Supplement shall be concise and contain all
necessary information clearly presented and include copies of
relevant documents. It shall also contain:
4.3.1. date and reference as stated in the
Invitation, and
4.3.2. name and address of the issuer of such
Supplement, and
4.3.3. a statement of the issuer of such
Supplement that a copy of the Supplement, including all documents
annexed thereto, has been sent to the Initiator or
Respondent.
4.4. Supplements shall only be submitted to
the Centre upon and in accordance with an Invitation issued by the
Centre.
Article 5:
Acknowledgements and
Rejections
5.1. The Centre shall confirm the receipt of
Requests, Answers and Supplements to the Initiator and Respondent
(Acknowledgement).
5.2. The Centre will stipulate a reasonable
period of time within which each Answer or Supplement must be
received by the Centre. 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.
5.3. Any Answer or Supplement received by the
Centre after expiry of the period of time specified in the relevant
Acknowledgement or Invitation, or any communication not solicited
by the Centre, shall be disregarded.
5.4. By advice to the Initiator and
Respondent, the Centre may reject at any time, before or after its
Acknowledgement, any Request, Answer or Supplement, in whole or
part,
5.4.1. where the Centre or Appointed Experts
deem any issue to be determined to be unrelated to the applicable
ICC Rules, or
5.4.2. which in other respects, in particular
regarding form and/or substance, does not fulfil the requirements
of these Rules, or
5.4.3. in respect of which the Standard Fee
has not been received by the Centre within 14 days after the date
of the Request.
5.5. Periods of time specified in these Rules
or in any Acknowledgement or Invitation referring to days shall be
deemed to refer to consecutive calendar days and shall start to run
on the day following the date of issuance stated in the relevant
Acknowledgement or Invitation. 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.
Article 6:
Appointment of
Experts
6.1. The Banking Commission will maintain
internal lists of experts having profound experience and knowledge
of the applicable ICC Rules.
6.2. Upon receipt of a Request, the Centre
shall appoint three independent experts from the list. 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.
6.3. An Appointed Expert shall at all times
keep strictly confidential all information and documents related to
any DOCDEX case.
6.4. Where an Appointed Expert deems that he
is unable to carry out his functions, he shall immediately give
notice of termination to the Centre. 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.
6.5. The Centre shall, without delay, replace
an Appointed Expert whose appointment is prematurely terminated
pursuant to Article 6.4 of these Rules and the Centre shall inform
the other Appointed Experts accordingly.
Article 7:
Appointed Experts'
Procedure
7.1. The Centre shall submit to the Appointed
Experts the Request, Answer(s) and Supplement(s) received in
connection therewith
7.2. The Appointed Experts shall render their
decision impartially and exclusively on the basis of the Request,
Answer(s) and Supplement(s) thereto, and the documentary credit and
the UCP and/or URR, or the collection and the URC, or the demand
guarantee and the URDG.
7.3. Where it is deemed necessary by the
Appointed Experts, their Chair may ask the Centre to invite the
Initiator and Respondent, pursuant to Article 4 of these Rules, to
provide additional information and/or copies of
documents.
7.4. Within 30 days after they have received
all information and documents deemed by them to be necessary and
appropriate to the issues to be determined, and provided that the
Additional Fee as mentioned in Article 10.1 is paid, the Appointed
Experts shall draft a decision and their Chair shall submit the
decision to the Centre.
7.5. Neither the Initiator nor the Respondent
shall
- seek an oral hearing in front of the Appointed Experts,
- request ICC to reveal the name of any Appointed Expert,
- seek to have an Appointed Expert or officer of the Banking
Commission called as witness, expert or in any similar function to
an arbitral tribunal or a court of law hearing the dispute in
connection with which such Appointed Expert or officer of the
Banking Commission participated by rendering a DOCDEX
Decision.
Article 8:
DOCDEX Decision
8.1. Upon receipt of the decision of the
Appointed Experts, the Centre shall consult with the Technical
Adviser of the Banking Commission or his nominated delegate, to
ascertain that the DOCDEX Decision will be in line with the
applicable ICC Rules and their interpretation by the Banking
Commission. Amendments suggested by the Technical Adviser (or his
delegate) shall be subject to the consent of the majority of the
Appointed Experts.
8.2. Subject to Article 10.2 of these Rules,
the Centre will issue and make available the DOCDEX Decision
without delay to
8.2.1. the Initiator and
8.2.2. the Respondent who has requested,
pursuant to Article 3.2.3, a DOCDEX Decision in accordance with the
ICC DOCDEX Rules, ICC Publication No. 811.
8.3. The DOCDEX Decision shall be issued by
the Centre in the English language, unless Appointed Experts decide
otherwise, and shall contain, inter alia, the
following:
8.3.1. names of the Initiator and Respondent,
and
8.3.2. summary of the representations
relevant to the issues determined, and
8.3.3. determination of the issues and the
decisions taken with succinctly stated reasons, therefor, and
.
8.3.4. date of issuance and signature for and
on behalf of the Centre.
8.4. The DOCDEX Decision shall be deemed to
be made at Paris, France, and on the date of its issuance by the
Centre.
Article 9:
Deposit and publication of the DOCDEX
Decision
9.1. An original of each DOCDEX Decision
shall be deposited with the Centre and shall be kept there for 10
years.
9.2. The ICC may publish any DOCDEX Decision,
provided always the identities of the parties to the dispute are
not disclosed.
Article 10:
Costs of DOCDEX
10.1. The costs of the DOCDEX service shall
be the Standard Fee set out in the Appendix. 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.
10.2. The DOCDEX Decision shall not be issued
until the Centre has received the Additional Fee, if
invoiced.
Article 11:
General
11.1. In all matters not expressly provided
for in these Rules, the Centre, experts, Appointed Experts,
officers, officials and employees of ICC shall adhere to strict
confidentiality and shall act in the spirit of these
Rules.
11.2. Appointed Experts, officers, officials
and employees of ICC assume no liability or responsibility for the
consequences arising out of delay and/or loss in transit of any
message(s), letter(s) or document(s), or for delay, mutilation or
other error(s) arising in the transmission of any
telecommunication, or for errors in translation and/or
interpretation of technical terms.
11.3. Appointed Experts, officers, officials
and employees of ICC assume no liability or responsibility for the
discharge or purported discharge of their functions in connection
with any DOCDEX Decision, unless the act or omission is shown not
to have been in good faith.
Appendix to the ICC Rules for Documentary
Instruments Dispute Resolution Expertise
1. Standard Fee:
The Standard Fee, which includes administrative expenses and expert
fees, is US$ 5000.
2. Additional Fee:
Pursuant to Article 10.1 of these Rules the Centre may, if the
amount of the letter of credit exceeds US$ 500 000,
charge an Additional Fee of up to 100% of the Standard
Fee.
3. Payment
Any payment made towards such fees shall be made in United States
dollars to the International Chamber of Commerce in Paris, clearly
marked wit the reference of DOCDEX
• by bank transfer to
UBS SA
35 rue des Noirettes
P.O. Box 2600
CH-1211 Geneva 2
Switzerland
Account No.: 240-224534.61R
Swift code: UBSWCHZH12A
or
• by cheque payable to the International Chamber of
Commerce,
or
• by Visa card stating
Expiry date
Visa card number
Name on card
Signature
Date
4. Transmission:
Any such payment shall be accompanied by an advice in writing
to
International Chamber of Commerce
International Centre for Expertise
38, Cours Albert 1er
F-75008 Paris France
Telefax: +33 1 49 53 29 29
e-mail Docdex@iccwbo.org
stating the following data:
Name:
Business title:
Company:
Address:
Code/postal code:
Date of Request:
5. General:
This Appendix is subject to change without notice. Please enquire
with the International Chamber of Commerce as to the applicable
version of this Appendix.
Request
When a dispute arises, the Initiator shall apply for a
DOCDEX Decision by submission of a request (Request). 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.
A Request shall be concise and contain all necessary
information clearly presented, in particular the
following:
· full name and address of the Initiator, clearly
stating such Initiator's function(s) in connection with the
documentary credit, the collection, or the demand guarantee
and
· full name and address of any other party to the
dispute (Respondent), clearly stating such Respondent's function(s)
in connection with the documentary credit, the collection, or the
demand guarantee, where the Request is not submitted jointly by all
parties to the dispute, and
· a statement of the Initiator formally requesting
a DOCDEX Decision in accordance with the ICC DOCDEX, ICC
Publication No. 811, and
· a summary of the dispute and of the Initiator's
claims, clearly identifying all issues related to the documentary
credit, the collection, or the demand guarantee and the applicable
ICC Rules to be determined, and
· copies of the documentary credit in dispute, the
collection instruction, or the demand guarantee in dispute, all
amendments thereto, and all documents deemed necessary to establish
the relevant circumstances, and
· a statement by the Initiator that a copy of such
Request, including all documents annexed thereto, has been sent to
each Respondent named in the Request.
The Request must be accompanied by the payment of the
Standard Fee amounting to US$ 5000. In exceptional circumstances,
if the amount of the letter of credit exceeds US$ 500 000, an
additional payment of up to US$ 5000 may be required.
The Request for the DOCDEX Decision should be sent
to:
ICC International Centre for Expertise
38, Cours Albert 1er
75008 Paris France
Fax +33 1 49 53 29 29
e-mail Docdex@iccwbo.org
Banking instructions are as
follows:
- by cheque to the order of the INTERNATIONAL CHAMBER OF
COMMERCE
or
- By wire transfer to our account no. 240-224534.61R
at:
UBS SA
35 rue des Noirettes
P.O. Box 2600
CH-1211 Geneva 2
Switzerland
Swift Code: UBSWCHZH12A
(Please identify creditor)
Process
The International Centre for Expertise administers the ICC
Rules for Documentary Instruments Dispute Resolution Expertise
(DOCDEX), established by the ICC Banking Commission to facilitate
the rapid settlement of disputes arising under the Uniform Customs
and Practice for Documentary Credits (UCP) and the Uniform Rules
for Bank-to-Bank Reimbursement (URR). DOCDEX is a private,
expert-based and non-binding dispute-resolution option to
international litigation and arbitration for documentary credit
dispute.
The DOCDEX system came into effect on 1 October 1997 and
was revised on 15 March 2002. Under this mechanism the ICC
International Centre for Expertise, together with the Secretariat
of the ICC Commission on Banking Technique and Practice, proposes
the following procedure for resolving disputes in connection with
documentary instruments practice.
The purpose of an expertise under the DOCDEX Rules is to
enable a panel of three independent, experienced documentary
instruments experts, appointed by the ICC International Centre for
Expertise, to issue an opinion and/or recommendation on any given
dispute for a fair and rapid resolution of a dispute. There are no
hearings, the decision is not binding and not intended to conform
with the legal requirements of an arbitral award. The ICC urges
banks to respect DOCDEX on a voluntary basis. If the parties wish
to increase the enforceability of DOCDEX Decisions, they may
specify in advance that the DOCDEX Decision will be legally binding
between them.
The Request for the DOCDEX Decision must be accompanied by
the payment of the non-refundable Standard Fee of US$
5000.
All the parties are given the opportunity to participate
in the DOCDEX proceedings. However, the DOCDEX panel issues an
opinion regardless of whether or not the Respondent agrees to
participate.
The DOCDEX Experts' Panel remains anonymous. All
communication between Experts and parties passes through the
Center; there are no hearings. The Experts are chosen from a list
maintained by the ICC Commission on Banking Technique and
Practice.
The Chair of the Experts' panel has to issue an opinion to
the Centre within 30 days following receipt of the relevant
documents. The Experts' decision is examined by the Technical
Adviser of the Banking Commission, who ascertains that their
decision is in line with the UCP and/or URR and their
interpretation by the Banking Commission.
The Experts' decision is issued by the Centre as a DOCDEX
Decision. It is Issued in English (unless the Appointed Experts
decide otherwise), and is to include a summary of the
representations made and a determination of the issues and the
decisions taken with "succinctly stated reasons therefor". The
Decision is deemed to be made in Paris on the date it is
issued.
The DOCDEX Rules provide that the ICC may publish any
DOCDEX Decision provided that the identities of the parties to the
dispute are not disclose. DOCDEX Decisions have already been
published in DC Insight.
The ICC, through its International Centre for Expertise
and its Banking Commission shows a new example of the use of the
expertise as the alternative to the dispute resolution mechanisms.
This expertise provides a swift answer to complex problems and
deserves to meet a success in the future.
Costs
The costs of the DOCDEX service are the Standard Fee
amounting to US$ 5000. In exceptional circumstances, if the
amount of the letter of credit exceeds US$ 500 000, 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 amounting to 100% of the Standard 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.
Appendix to the ICC Documentary
Instruments Dispute Resolution Expertise Rules
1. Standard Fee:
The Standard Fee, which includes
administrative expenses and expert fees, is US$ 5000.
2. Additional
Fee:
Pursuant to Article 10.1 of these Rules the
Centre may, if the amount of the letter of credit exceeds
US$ 500 000, charge an Additional Fee of up to 100% of
the Standard Fee.
3. Payment
Any payment made towards such fees shall be
made in United States Dollars to the International Chamber of
Commerce in Paris, clearly marked with the reference of
DOCDEX
• by bank transfer to
UBS SA
35 rue des Noirettes
P.O. Box 2600
CH-1211 Geneva 2
Switzerland
Account No.: 240-224534.61R
Swift code: UBSWCHZH12A
or
• by cheque payable to the International
Chamber of Commerce,
or
• by Visa card stating
Expiry date
Visa card number
Name on card
Signature
Date
4. Transmission:
Any such payment shall be accompanied by an
advice in writing to
International Chamber of Commerce
International Centre for Expertise
38, Cours Albert 1er
F-75008 Paris France
Telefax: +33 1 49 53 29 29
e-mail Docdex@iccwbo.org
stating the following data:
Name:
Business title:
Company:
Address:
Code/postal code:
Date of Request:
5. General:
This Appendix is subject to change without
notice. Please enquire with the International Chamber of Commerce
as to the applicable version of this Appendix.