ICC DOCDEX 

Introduction 
The International Centre for Expertise also administers the ICC Rules for 
Documentary Credit Dispute Resolution Expertise (DOCDEX), recently 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 under Documentary Credits (URR). DOCDEX is a speedy and reliable dispute settlement mechanism providing for a document-based expert decision made by three experts, scrutinized by the technical adviser of the ICC Banking Commission and issued by the Centre for Expertise. The DOCDEX decision is not binding unless the parties have agreed otherwise. In most instances, the parties can expect the final opinion six to twelve weeks after the ICC has received the request, but exceptionally complex cases could take longer.

Model clause
Users are reminded that 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. 

Rules for Documentary Credit Dispute Resolution Expertise 
Article 1Dispute Resolution Service
Article 2 Request
Article 3 Answer
Article 4 Supplements
Article 5Acknowledgements and Rejections
Article 6 Appointment of Experts
Article 7Appointed Experts' Procedure
Article 8DOCDEX Decision 
Article 9Deposit and publication of the DOCDEX Decision
Article 10 Costs of DOCDEX
Article 11General
Appendix to the ICC Documentary Credit Dispute Expertise Rules 

ICC Rules for Documentary Credit Dispute Resolution Expertise
(in force as from 1 October 1997)

Article 1:Dispute Resolution Service

1.1These Rules concern a service called the "Documentary Credit 
Dispute Resolution Expertise" (DOCDEX) which is available in connection with any dispute related to
- a documentary credit incorporating the Uniform Customs and 
Practice for Documentary Credits (UCP), and
- the application of the UCP and/or of the Uniform Rules for 
Bank-to-Bank Reimbursement under Documentary Credits (URR). 
- it's 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 and the UCP and/or URR, exclusively.

1.2DOCDEX 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). 

1.3When 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. 

1.4Unless otherwise agreed, a DOCDEX Decision shall not be binding 
upon the parties.

1.5In 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

2.1The 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.

2.2A Request shall be concise and contain all necessary information 
clearly presented, in particular the following:
2.2.1full name and address of the Initiator, clearly stating such 
Initiator's function(s) in connection with the documentary credit, 
and
2.2.2full name and address of any other party to the dispute 
(Respondent), clearly stating such Respondent's function(s) in 
connection with the documentary credit, where the Request is not 
submitted jointly by all parties to the dispute, and 
2.2.3a statement of the Initiator formally requesting a DOCDEX 
Decision in accordance with the ICC Documentary Credit Resolution 
Dispute Expertise Rules, ICC Publication No. 577, and 
2.2.4a summary of the dispute and of the Initiator's claims, clearly 
identifying all issues related to the documentary credit and the UCP 
and/or URR to be determined, and 
2.2.5copies of the documentary credit in dispute, all amendments 
thereto, and all documents deemed necessary to establish the 
relevant circumstances, and 
2.2.6a statement by the Initiator that a copy of such Request, 
including all documents annexed thereto, has been sent to each 
Respondent names in the Request.

2.3The Request must be accompanied by the payment of the Standard 
Fee as per the Appendix hereto.

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. 

3.2An 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 Documentary Credit Dispute 
Resolution Expertise Rules, ICC Publication No. 577, and
3.2.4a summary of the Respondent's claims, clearly referring to all 
issues related to the documentary credit and the UCP and/or URR to 
be determined, and
3.2.5copies 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. 

3.3If the Respondent does not provide a statement pursuant to Art. 
3.2.3, then the final DOCDEX Decision will not be made available to 
him.

Article 4:Supplements

4.1Request, Answers and Supplements shall be final as received. 

4.2The 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). 

4.3Supplements 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:
4.3.1date and reference as stated in the Invitation, and
4.3.2name and address of the issuer of such Supplement, and
4.3.3a statement of the issuer of such Supplement that a copy of the 
Supplement, including all documents annexed thereto, has been sent 
to the Initiator and Respondent.

4.4Supplements shall only be submitted to the Centre upon and in 
accordance with an Invitation issued by the Centre.

Article 5: Acknowledgements and Rejections 

5.1The Centre shall confirm the receipt of Requests, Answers and 
Supplements to the Initiator and Respondent (Acknowledgement). 

5.2The 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. 

5.4Under 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,
5.4.1where the Centre or Appointed Experts deem any issue to be 
determined to be unrelated to a documentary credit and the UCP 
and/or URR, or
5.4.2 which in other respects, in particular regarding form and/or 
substance, does not fulfil the requirements of these Rules, or
5.4.3in respect of which the Standard Fee has not been received by 
the Centre within 14 days after the date of the Request. 

5.5Periods 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

6.1The Banking Commission will maintain an internal list of experts 
having profound experience and knowledge in documentary credits and 
the UCP and/or URR. 

6.2Upon 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. 

6.4Where 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. 

6.5The 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 Upon receipt of the Standard Fee, the Centre shall submit to the 
Appointed Experts the Request, Answer(s) and Supplement(s) received 
in connection therewith. 

7.2The Appointed Experts shall render their decision impartially and 
exclusively on the basis of the Request, Answer (s) and Supplement 
(s) thereto, the documentary credit, and the UCP and/or URR.

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. 

7.4Within 30 days after they have received all information and 
documents deemed by them to be necessary and appropriate to the 
issues to be determined, the Appointed Experts shall draft a 
decision and their Chair shall submit the decision to the Centre. 

7.5Neither 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

8.1Upon 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 UCP and/or URR 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. 

8.2Subject to Article 10.2 of these Rules, the Centre will issue and 
make available the DOCDEX Decision without delay to 
8.2.1the Initiator and 
8.2.2 the Respondent who has requested, pursuant to Article 3.2.3, a 
DOCDEX Decision in accordance with the ICC Documentary Credit 
Dispute Resolution Expertise Rules, ICC Publication No. 577.

8.3 The DOCDEX Decision shall be issued by the Center in the English 
language, unless Appointed Experts decide otherwise, and shall 
contain, inter alia, the following 
8.3.1names of the Initiator and Respondent, and
8.3.2summary 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 
8.3.4date 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 

9.1An original of each DOCDEX Decision shall be deposited with the 
Centre and shall be kept there for 10 years. 

9.2The ICC may publish any DOCDEX Decision, provided always the 
identities of the parties to the dispute are not disclosed. 

Article 10: Costs of DOCDEX

10.1The 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. 
No Additional Fee will be charged where the amount of the letter of 
credit in dispute does not exceed the minimum amount stated in the 
Appendix.

10.2The DOCDEX Decision shall not be issued until the Centre has 
received the Standard Fee and, if invoiced, any Additional Fee.

Article 11:General 

11.1In 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. 

11.2Appointed 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.

11.3Appointed 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 Documentary Credit 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$ 100 000, 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 credit transfer to
UBS SA
35 rue des Noirettes 
P.O. Box 2600 
CH-1211 Geneva 2 
Switzerland
Account No240-224534.61R 
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 
the 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 bozena.nawrot@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, 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, 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 Documentary Credit Resolution Dispute Expertise 
Rules, ICC Publication No. 577, and 
a summary of the dispute and of the Initiator's claims, clearly 
identifying all issues related to the documentary credit and the UCP 
and/or URR to be determined, and 
copies of the documentary credit 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 names 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$ 100 000, 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 
Tel. +33 1 49 53 28 28
Fax +33 1 49 53 29 33 

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 Credit 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. 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 
credit practice. 
The purpose of an expertise under the DOCDEX Rules is to enable a panel of 
three independent, experienced documentary credit 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 the 
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$ 100 000, 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 Credit Dispute Expertise Rules