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Additional resources for ICC uniform rules for demand guarantees : including model forms

Sample text

However, it gives them a strong evaluation of their case and can encourage an amicable and final settlement of the dispute. Timing: The parties usually receive the DOCDEX Decision within 60 days of the filing of the initial Request. Costs: The Standard Fee is US$ 5,000. In exceptional cases an Additional Fee of up to US$ 5,000 can be requested. The total cost of a DOCDEX Decision will never exceed US$ 10,000. org DOCDEX is made available by the International Chamber of Commerce (ICC) through its International Centre for Expertise (Centre) in association with the ICC Commission on Banking Technique and Practice.

The Appointed Experts render their decision (“DOCDEX Decision”) within 30 days of receiving all the documentation relating to the case. There are no hearings. Quality control: Upon receipt of the DOCDEX Decision, the Centre has it reviewed by the Technical Adviser of the ICC Banking Commission or his nominated delegate to ascertain whether it is in line with the applicable ICC Rules and their interpretation by the ICC Banking Commission. Any amendments suggested by the Technical Adviser or his delegate are subject to acceptance by a majority of the Appointed Experts.

In the case of a performance guarantee, the supporting statement could state: The Applicant is in breach of its obligations with respect to the underlying relationship because [of late delivery] [the contract’s performance was not completed by the due date] [there was a shortfall in the quantity of the goods supplied under the contract] [the delivered works are defective] etc. ❖ In the case of a payment guarantee, the supporting statement could state: The Applicant has not fulfilled its contractual payment obligations.

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