Can We Add Docdex As A Dispute Clause In LC?

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dholat
Posts: 69
Joined: Sun Oct 05, 2008 10:01 pm

Can We Add Docdex As A Dispute Clause In LC?

Post by dholat » Sun Oct 05, 2008 11:05 pm

dear sirs

my company will be issuing a big volume Letter of credit covering import of food grain. now i wanna add a dispute clause in the LC. just in case. can i add docdex as the dispute clause?

rizvid

iLC
Posts: 504
Joined: Thu Jun 26, 2008 10:33 pm

Re: docdex in case of dispute

Post by iLC » Mon Oct 06, 2008 2:58 pm

your intention is not clear to me. are you saying that if there is a dispute, it will be resolved by docdex panel? if yes, i will advice you to include another clause stating that the parties will be bind by the decision since docdex rules days
Unless otherwise agreed, a DOCDEX Decision shall
not be binding upon the parties.
by the way, do you know that it will be very expensive? i also dont understand why its so necessary to include a dispute clause. better put emphasis on the fair trade.

iLC

cristiand969
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Re: docdex in case of dispute

Post by cristiand969 » Mon Oct 06, 2008 6:36 pm

Dear Dholat
Though question... you have to consult all parties involved (issuing bank and DOCDEX) on the following reasons:
1. Nominated bank/confirming bank (I assume) may not be aware of the DOCDEX rules and it must confirm in writing the adherence to that.
2. DOCDEX PANEL
according to article 2 of DOCDEX RULES
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.
From the point no. 2 it implies that a dispute has to exist before placing a request to DOCDEX.

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