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Docdex

When disputes related to trade finance instruments occur, ICC offers a specialised procedure that is confidential, quick and cost-effective called Documentary Instruments Dispute Resolution Expertise (DOCDEX).

Parties may file a Request for a DOCDEX Decision for any dispute relating to: 

  • a documentary credit; 

  • a standby letter of credit; 

  • a bank-to-bank reimbursement; 

  • a collection; 

  • a demand guarantee or counter-guarantee; 

  • a forfaiting transaction, 

  • a bank payment obligation (BPO); or 

  • any other trade finance-related instrument, undertaking or agreement. 

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Depending on the amount in dispute, DOCDEX proceedings are capped at US$5,000 or US$10,000. What’s more, even in exceptional cases, the International Centre for ADR (“Centre”) will only charge an additional fee of US$3,000 or US$6,000. 

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DOCDEX decision is a thorough analysis and well-considered conclusion with DOCDEX. Cases are decided by a panel of three impartial experts having extensive experience in, and knowledge of, trade finance transactions. These experts are specially selected from a list maintained by ICC Banking Commission. A Technical Adviser nominated by the Commission then personally reviews each decision to verify that it is in line with ICC Banking Rules and/or international trade finance practice standards. The entire process usually takes between two and three months, which is time-efficient compared to years with court proceedings. 

 

DOCDEX Decisions are kept private and rendered in English. They are not binding unless the parties have otherwise agreed and are not arbitral awards. However, anonymised DOCDEX Decisions are widely distributed to enable practitioners to avoid common errors leading to disputes while at the same time preserving confidentiality. 

Advantages of Docdex

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Cost-effective

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Straightforward prodecure

Fast procedure

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Authoritative and Impartial decisions

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Experts

ICC Banking and Dispute Resolution in one procedure

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DOCDEX
Rules

In force as of 1 May 2015, ICC Rules for Documentary Instruments Dispute Resolution Expertise (DOCDEX) provide parties with a specific resolution procedure that leads to an independent, impartial and prompt expert decision settling disputes involving trade finance-related instruments.

ICC DOCDEX Services

This brochure introduces ICC DOCDEX — a specialized, document-based dispute resolution procedure designed specifically for the trade finance industry. Administered by the ICC International Centre for ADR, DOCDEX provides a rapid, impartial, and cost-effective alternative to litigation or arbitration.

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DOCDEX expert

Upon receipt of an admissible Claim, the ICC International Centre for ADR (“Centre”) shall appoint a panel of three experts (“Appointed Experts”) from a list maintained by the ICC Banking Commission (“List”). This List consists of experts having experience in, and knowledge of, trade finance transactions.

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The Chair of the Banking Commission is the repository of the List and can add or remove experts from the List at any time, as need be. 

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In selecting the Appointed Experts, the Centre consults with the Technical Adviser to the ICC Banking Commission, who shall provide guidance on the area(s) of expertise that the Claim requires and that the Appointed Experts should possess. The Centre shall also designate one of the Appointed Experts to act as the president (“President”). The identities of the Appointed Experts remain confidential from the parties, and all communication between the parties and the Appointed Experts is conducted via the Centre. 

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