ICC DOCDEX - Frequently asked questions
Question: How do I submit a Request for a DOCDEX Decision?
Answer:Click here
Question: How does the procedure work?
Answer: The requesting party (Initiator) submits its case and Request for a DOCDEX Decision. The other party is given no more than 30 days to participate in the proceedings and submit documents. If it does not wish to do so, it will not receive the DOCDEX Decision.
The panel of experts are in the meantime appointed and, once the Respondent has replied, the documents are sent to the panel. The panel has 30 days to render the Decision. No hearings are held. If the experts require additional information to that initially submitted by the parties, the Centre will transmit the Request to the parties and the relevant documents to the experts.
The Decision will be revised rapidly by the technical advisor of the Banking Commission of ICC. The Centre will then notify the parties of the DOCDEX Decision.
Question: Is the DOCDEX Decision binding?
Answer: Under Article 1.4 of the DOCDEX Rules, unless otherwise agreed, a DOCDEX Decision shall not be binding upon the parties.Should the parties wish to make the DOCDEX Decision binding, they should therefore make provision for this, either in a joint request or otherwise.
Question: How long do the proceedings last?
Answer: The procedure usually takes 60 days. If the matter is complex or supplements are required, it can take slightly longer.
Question: Must the contract giving rise to the dispute contain a DOCDEX clause?
Answer: No, there is no need for an agreement between the parties in dispute to have a DOCDEX clause. The DOCDEX Decision will be rendered upon the request of only one party, even if the other party does not participate in the proceedings. The Decision will be notified only to the party that has participated in the proceedings.
Question: Who are the experts?
Answer: The experts are professionals in the banking sector, and they are selected from a list provided to the ICC International Centre for Expertise by the ICC Banking Technique and Practice Commission. The Centre appoints a panel of three experts, whose identity remains confidential vis-à-vis the parties.
Question: How are DOCDEX Decisions taken?
Answer: DOCDEX offers a system where experts carefully examine all documents before reaching a decision. A technical advisor nominated by ICC’s Banking Technique and Practice Commission then personally reviews each decision to ensure that it is in line with applicable ICC Rules. You can feel confident that you receive a thorough analysis and well-considered conclusion with DOCDEX.
Question: What are the costs of the DOCDEX procedure?
Answer: The fee of US$ 5000 covers all costs. If the documentary instrument has a value higher than US$ 500 000, an additional fee of up to US$ 5000 can be requested by the Centre. The costs will therefore never be higher than US$ 10 000.
Question: If the Respondent wishes to participate and receive the DOCDEX Decision, must it pay the costs of the procedure?
Answer: According to the DOCDEX Rules, the Claimant should pay the costs of the DOCDEX procedure.