ICC DOCDEX 제도에 관한 연구

A Study on the ICC DOCDEX System

The ICC system for DOCDEX, which came into effect on October 1, 1997 and was revised on March 15, 2002, was established to facilitate the rapid and cost effective settlement of disputes arising under UCP, URR, URC, or URDG. The DOCDEX is a private, document-based, expert-based, and nonbinding dispute resolution mechanism option to international litigation and arbitration for documentary instruments dispute. If the parties wish to increase the enforceability of any DOCDEX decision, 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$5,000 only. Upon receipt of a request, the International Center for Expertise will appoint three independent experts from a list maintained by the ICC Commission on Banking Technique and Practice. The DOCDEX Experts' Panel remains anonymous. In the DOCDEX procedure there are no hearings. In most instances, the parties can expect to have a final DOCDEX decision from six to twelve weeks after the Center has received the request. The decision of an Experts' Panel is issued in English(unless the appointed experts decide otherwise) by the Center as a DOCDEX decision. In my personal opinion, it is likely in any event that any court and arbitral tribunal called upon to hear a case involving documentary instruments would give great weight to any DOCDEX decision introduced into evidence.