ICC DOCDEX Rules中文版
DXP规则中英文对照

PROTEL DXP2004 DRC 规则英文对照一、Error Reporting 错误报告A:Violations Associated with Buses 有关总线电气错误的各类型(共12项)1. bus indices out of range 总线分支索引超出范围2. Bus range syntax errors 总线范围的语法错误3. Illegal bus range values 非法的总线范围值4. Illegal bus definitions 定义的总线非法5. Mismatched bus label ordering 总线分支网络标号错误排序6. Mismatched bus/wire object on wire/bus 总线/导线错误的连接导线/总线7. Mismatched bus widths 总线宽度错误8. Mismatched bus section index ordering 总线范围值表达错误9. Mismatched electrical types on bus 总线上错误的电气类型10. Mismatched generics on bus (first index) 总线范围值的首位错误11. Mismatched generics on bus (second index) 总线范围值末位错误12. Mixed generics and numeric bus labeling 总线命名规则错误B:Violations Associated Components 有关元件符号电气错误(共20项)13. Component Implementations with duplicate pins usage 元件管脚在原理图中重复被使用14. Component Implementations with invalid pin mappings 元件管脚在应用中和PCB封装中的焊盘不符15. Component Implementations with missing pins in sequence 元件管脚的序号出现序号丢失16. Component contaning duplicate sub-parts 元件中出现了重复的子部分17. Component with duplicate Implementations 元件被重复使用18. Component with duplicate pins 元件中有重复的管脚19. Duplicate component models 一个元件被定义多种重复模型20. Duplicate part designators 元件中出现标示号重复的部分21. Errors in component model parameters 元件模型中出现错误的的参数22. Extra pin found in component display mode 多余的管脚在元件上显示23. Mismatched hidden pin component 元件隐藏管脚的连接不匹配24. Mismatched pin visibility 管脚的可视性不匹配25. Missing component model parameters 元件模型参数丢失26. Missing component models 元件模型丢失27. Missing component models in model files 元件模型不能在模型文件中找到28. Missing pin found in component display mode 不见的管脚在元件上显示29. Models found in different model locations 元件模型在未知的路径中找到30. Sheet symbol with duplicate entries 方框电路图中出现重复的端口31. Un-designated parts requiring annotation 未标记的部分需要自动标号32. Unused sub-part in component 元件中某个部分未使用C:violations associated with document 相关的文档电气错误(共10项)1. conflicting constraints 约束不一致的2. duplicate sheet symbol name 层次原理图中使用了重复的方框电路图3. duplicate sheet numbers 重复的原理图图纸序号4. missing child sheet for sheet symbol 方框图没有对应的子电路图5. missing configuration target 缺少配置对象6. missing sub-project sheet for component 元件丢失子项目7. multiple configuration targets 无效的配置对象8. multiple top-level document 无效的顶层文件9. port not linked to parent sheet symbol 子原理图中的端口没有对应到总原理图上的端口10. sheet enter not linked to child sheet 方框电路图上的端口在对应子原理图中没有对应端口D:violations associated with nets 有关网络电气错误(共19项)1. adding hidden net to sheet 原理图中出现隐藏网络2. adding items from hidden net to net 在隐藏网络中添加对象到已有网络中3. auto-assigned ports to device pins 自动分配端口到设备引脚4. duplicate nets 原理图中出现重名的网络5. floating net labels 原理图中有悬空的网络标签6. global power-objects scope changes 全局的电源符号错误7. net parameters with no name 网络属性中缺少名称8. net parameters with no value 网络属性中缺少赋值9. nets containing floating input pins 网络包括悬空的输入引脚10. nets with multiple names 同一个网络被附加多个网络名11. nets with no driving source 网络中没有驱动12. nets with only one pin 网络只连接一个引脚13. nets with possible connection problems 网络可能有连接上的错误14. signals with multiple drivers 重复的驱动信号15. sheets containing duplicate ports 原理图中包含重复的端口16. signals with load 信号无负载17. signals with drivers 信号无驱动18. unconnected objects in net 网络中的元件出现未连接对象19. unconnected wires 原理图中有没连接的导线E:Violations associated with others有关原理图的各种类型的错误(3项)1. No Error 无错误2. Object not completely within sheet boundaries 原理图中的对象超出了图纸边框3. Off-grid object原理图中的对象不在格点位置F:Violations associated with parameters 有关参数错误的各种类型1. same parameter containing different types 相同的参数出现在不同的模型中2. same parameter containing different values 相同的参数出现了不同的取值二、Comparator 规则比较A:Differences associated with components 原理图和PCB上有关的不同(共16项)1. Changed channel class name 通道类名称变化2. Changed component class name 元件类名称变化3. Changed net class name 网络类名称变化4. Changed room definitions 区域定义的变化5. Changed Rule 设计规则的变化6. Channel classes with extra members 通道类出现了多余的成员7. Component classes with extra members 元件类出现了多余的成员8. Difference component 元件出现不同的描述9. Different designators 元件标示的改变10. Different library references 出现不同的元件参考库11. Different types 出现不同的标准12. Different footprints 元件封装的改变13. Extra channel classes 多余的通道类14. Extra component classes 多余的元件类15. Extra component 多余的元件16. Extra room definitions 多余的区域定义B:Differences associated with nets 原理图和PCB上有关网络不同(共6项)1. Changed net name 网络名称出现改变2. Extra net classes 出现多余的网络类3. Extra nets 出现多余的网络4. Extra pins in nets 网络中出现多余的管脚5. Extra rules 网络中出现多余的设计规则6. Net class with Extra members 网络中出现多余的成员C:Differences associated with parameters 原理图和PCB上有关的参数不同(共3项)1. Changed parameter types 改变参数类型2. Changed parameter value 改变参数的取值3. Object with extra parameter 对象出现多余的参数【Violations Associated with Buses】栏——总线电气错误类型(1)【Bus indices out of range】:总线分支索引超出范围。
见索即付保函统一规则(URDG758)介绍=上海

Article 1 Application of URDG
Apply to any demand guarantee or counter-guarantee that expressly
indicates it is subject to them, except modifies or excludes them.
a demand guarantee or counter-guarantee is issued subject to the
URDG, the instructing party is deemed to have accepted the rights and obligations expressly ascribed to it in these rules.
8
URDG758
Article 2 Definitions expiry means the expiry date or the expiry event or, if both are specified, the earlier of the two; • expiry date means the date specified in the guarantee on or before which a presentation may be made; • expiry event means an event which under the terms of the guarantee results in its expiry, whether immediately or within a specified time after the event occurs, for which purpose the event is deemed to occur only: a. when a document specified in the guarantee as indicating the occurrence of the event is presented to the guarantor, or b. if no such document is specified in the guarantee, when the occurrence of the event becomes determinable from the guarantor's own records. ☺Valid until 30 days after delivery evidenced by cargo receipt ?
UCP600信用证中英文版

ICC UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARYCREDITSUCP 600英文FOREWORDINTRODUCTIONARTICLE 1 APPLICATION OF UCPARTICLE 2 DEFINITIONSARTICLE 3 INTERPRETATIONSARTICLE 4 CREDITS V. CONTRACTSARTICLE 5 DOCUMENTS V. GOODS, SERVICES OR PERFORMANCEARTICLE 6 AVAILABILITY, EXPIRY DATE AND PLACE FOR PRESENTATIONARTICLE 7 ISSUING BANK UNDERTAKINGARTICLE 8 CONFIRMING BANK UNDERTAKINGARTICLE 9 ADVISING OF CREDITS AND AMENDMENTS ARTICLE 10 AMENDMENTSARTICLE 11 TELETRANSMITTED AND PRE-ADVISED CREDITS AND AMENDMENTSARTICLE 12 NOMINATIONARTICLE 13 BANK-TO-BANK REIMBURSEMENT ARRANGEMENTSARTICLE 14 STANDARD FOR EXAMINATION OF DOCUMENTSARTICLE 15 COMPLYING PRESENTATIONARTICLE 16 DISCREPANT DOCUMENTS, WAIVER AND NOTICE ARTICLE 17 ORIGINAL DOCUMENTS AND COPIESARTICLE 18 COMMERCIAL INVOICEARTICLE 19 TRANSPORT DOCUMENT COVERING AT LEAST TWO DIFFERENT MODES OF TRANSPORTARTICLE 20 BILL OF LADINGARTICLE 21 NON-NEGOTIABLE SEA WAYBILLARTICLE 22 CHARTER PARTY BILL OF LADINGARTICLE 23 AIR TRANSPORT DOCUMENTARTICLE 24 ROAD, RAIL OR INLAND WATERWAY TRANSPORT DOCUMENTSARTICLE 25 COURIER RECEIPT, POST RECEIPT OR CERTIFICATE OF POSTINGARTICLE 26 "ON DECK", "SHIPPER'S LOAD AND COUNT",“SAID BY SHIPPER TO CONTAIN”AND CHARGES ADDITIONAL TO FREIGHTARTICLE 27 CLEAN TRANSPORT DOCUMENTARTICLE 28 INSURANCE DOCUMENT AND COVERAGE ARTICLE 29 EXTENSION OF EXPIRY DATE OR LAST DAY FOR PRESENTATIONARTICLE 30 TOLERANCE IN CREDIT AMOUNT, QUANTITY AND UNIT PRICESARTICLE 31 PARTIAL DRAWINGS OR SHIPMENTSARTICLE 32 INSTALMENT DRAWINGS OR SHIPMENTS ARTICLE 33 HOURS OF PRESENTATIONARTICLE 34 DISCLAIMER ON EFFECTIVENESS OF DOCUMENTS ARTICLE 35 DISCLAIMER ON TRANSMISSION AND TRANSLATIONARTICLE 36 FORCE MAJEUREARTICLE 37 DISCLAIMER FOR ACTS OF AN INSTRUCTED PARTYARTICLE 38 TRANSFERABLE CREDITSARTICLE 39 ASSIGNMENT OF PROCEEDSUCP600中文版UCP600第一条 UCP的适用范围第二条定义第三条解释第四条信用证与合同第五条单据与货物、服务或履约行为第六条兑用方式、截止日和交单地点第七条开证行责任第八条保兑行责任第九条信用证及其修改的通知第十条修改第十一条电讯传输的和预先通知的信用证和修改第十二条指定第十三条银行之间的偿付安排第十四条单据审核标准第十五条相符交单第十六条不符单据、放弃及通知第十七条正本单据及副本第十八条商业发票第十九条涵盖至少两种不同运输方式的运输单据第二十条提单第二十一条不可转让的海运单第二十二条租船合同提单第二十三条空运单据第二十四条公路、铁路或内陆水运单据第二十五条快递收据、邮政收据或投邮证明第二十六条 “货装舱面”、“托运人装载和计数”、“内容据托运人报称”及运费之外的费用。
ICCUCP600跟单信用证统一惯例中英文对照

ICC UCP600跟单信用证统一惯例(中英文对照) 第一条UCP的适用范围第二条定义第三条解释第四条信用证与合同第五条单据与货物、服务或履约行为第六条兑用方式、截止日和交单地点第七条开证行责任第八条保兑行责任第九条信用证及其修改的通知第十条修改第十一条电讯传输的和预先通知的信用证和修改第十二条指定第十三条银行之间的偿付安排第十四条单据审核标准第十五条相符交单第十六条不符单据、放弃及通知第十七条正本单据及副本第十八条商业发票第十九条涵盖至少两种不同运输方式的运输单据第二十条提单第二十一条不可转让的海运单第二十二条租船合同提单第二十三条空运单据第二十四条公路、铁路或内陆水运单据第二十五条快递收据、邮政收据或投邮证明第二十六条“货装舱面”、“托运人装载和计数”、“内容据托运人报称”及运费之外的费用第二十七条清洁运输单据第二十八条保险单据及保险范围第二十九条截止日或最迟交单日的顺延第三十条信用证金额、数量与单价的伸缩度第三十一条部分支款或部分发运第三十二条分期支款或分期发运第三十三条交单时间第三十四条关于单据有效性的免责第三十五条关于信息传递和翻译的免责第三十六条不可抗力第三十七条关于被指示方行为的免责第三十八条可转让信用证第三十九条款项让渡The Uniform Customs and Practice for Documentary Credits, 2007 Revision, ICC Publication no. 600 (“UCP”) are rules that apply to any documentary credit (“credit”) (including, to the extent to which they may be applicable, any standby letter of credit) when the text of the credit expressly indicates that it is subject to these rules. They are binding on allparties thereto unless expressly modified or excluded by the credit.跟单信用证统一惯例,2007年修订本,国际商会第600号出版物,适用于所有在正文中标明按本惯例办理的跟单信用证(包括本惯例适用范围内的备用信用证)。
Google C++编码规范中文版

注意:本挃南幵非 C++教程,我们假定诺者巫经对 C++非常熟恲。
头文件
通常,每一个.cc 文件(C++的源文件)都有一个对应的.h 文件(头文件),也有一些例外,如单元测试代 码和叧包吨 main()的.cc 文件。
dir2/foo2.h(优先位置,详情如下) C 系统文件 C++系统文件 其他库头文件 本项目内头文件
返种排序方式可有效减少隐藏依赖,我们希望每一个头文件独立编译。最简单的实现方式是将其作为第一 个.h 文件包吨在对应的.cc 中。
dir/ 和 dir2/foo2.h 通常位亍相同目彔下(像 base/basictypes_ 和 base/basictypes.h), 但也可在丌同目彔下。
缺点:滥用内联将导致程序发慢,内联有可能是目标代码量戒增戒减,返叏决亍被内联的函数的大小。内 联轳短小的存叏函数通常会减少代码量,但内联一个徆大的函数(注:如果编译器允许的话)将显著增加 代码量。在现代处理器上,由亍更好的利用挃令缓存(instruction cache),小巧的代码往往执行更快。
结论:一个比轳得当的处理觃则是,丌要内联超过 10 行的函数。对亍枂极函数应慎重对待,枂极函数往 往比其表面看起来要长,因为有一些隐式成员和基类枂极函数(如果有的话)被调用!
另一有用的处理觃则:内联那些包吨循环戒 switch 诧句的函数是得丌偿失的,除非在大多数情冴下,返些 循环戒 switch 诧句从丌执行。
ICC

About ICC姓名:罗娟学号:3140101082班级:会计学1401GeneralThe International Chamber of Commerce (ICC; French: Chambre de commerce internationale (CCI)) is the largest, most representative business organization in the world. Its hundreds of thousands of member companies in over 180 countries have interests spanning every sector of private enterprise.ICC has three main activities: rule setting, dispute resolution, and policy advocacy. Because its member companies and associations are themselves engaged in international business, ICC has unrivalled authority in making rules that govern the conduct of business across borders. Although these rules are voluntary, they are observed in countless thousands of transactions every day and have become part of international trade.A world network of national committees in over 90 countries advocates business priorities at national and regional level. More than 2,000 experts drawn from ICC’s member companies feed their knowledge and experience into crafting the ICC stance on specific business issues.ICC keeps the United Nations, the World Trade Organization, and many other intergovernmental bodies, both international and regional, in touch with the views of international business. ICC was the first organization granted general consultative status with the United Nations Economic and Social Council.HistoryThe merchants of peaceIn 1919, a handful of entrepreneurs decided to create an organization that would represent business everywhere.Etienne-Clementel,Edouard-Doleans and-entrepreneursThe group of industrialists, financiers and traders were determined to bring economic prosperity to a world that was still reeling from the devastation of World War I. They founded the International Chamber of Commerce and called themselves "the merchants of peace".The world had few working international structures in the immediate aftermath of the first of the 20th century's global conflicts. There was no world system of rules to govern trade, investment, finance or commercial relations. That the private sector should start filling the gap without waiting for governments was ground-breaking. It was an idea that took hold.Although they did not know it at the time, the pioneers were creating an organization that would become essential to the global economy. Over the years, ICC has taken a central role in international trade and business. It forges international rules, mechanisms and standards that are used every day throughout a vastly more complex world than that of 1919.The original nucleus of businessmen from five countries has expanded to become a world business organization with hundreds of thousands of member companies in more than 120 countries. Members include many of the world's biggest multinationals as well as small- and medium-sized companies.Much of ICC's early impetus came from its first president, Etienne Clémentel, a former French minister of commerce. Under his leadership, the new organization's international secretariat wasestablished in Paris. MrClémentel was also instrumental in creating the ICC International Court of Arbitration in 1923.From the very beginning, ICC spoke out on behalf of business in making representations to governments and intergovernmental organizations. Three ICC members served on the Dawes Commission, which drew up the international treaty on war reparations in 1924.In the 1920s, ICC focused on reparations and war debts. Then the disastrous Smoot-Hawley tariff in the United States set the scene for the economic nationalism of the 1930s. ICC struggled through those years of depression to hold back the tide of protectionism as another world war loomed.ICC issued the first version of its Uniform Customs and Practice for Documentary Credits, still used by banks all over the world to finance trade, in 1933. Incoterms® the standard trade definitions that are familiar to every trader came in 1936, updated whenever necessary since then. And, the following year, ICC introduced its first International Code of Advertising Practice.ICC was awarded the highest level consultative status with the United Nations (UN) in 1946, and since then has represented the private sector by engaging in a broad range of activities with the UN and its specialized agencies.ICC has remained a diligent advocate of the open multilateral trading system through successive trade rounds, including the Doha Round. As ICC membership included more and more countries in the developing world, the organization stepped up demands for the opening of world markets to their products, especially agriculture.To meet the needs of its members, ICC has expanded its activities over the years. ICC Commercial Crime Services, based in London, was founded in the 1980s to address all aspects of commercial crime. The World Chambers Federation provides a hub for chambers of commerce throughout the world.Today, 13 ICC commissions comprising experts from the private sector cover specialized fields of immediate concern to international business. Subjects range from banking techniques to taxation, from competition law to intellectual property rights, telecommunications and information technology, from transport, environment and energy to international investment and trade policy.All these activities fulfil the pledge in ICC's constitution "to further the development of an open world economy with the firm conviction that international commercial exchanges are conducive to both greater global prospe rity and peace among nations.‖MembershipThere are two ways to become a member of ICC:1. Through affiliation with an ICC national committee or group.2. By direct membership with the ICC International Secretariat when a national committee/group has not yet been established in the country/territory.Governing bodiesWorld CouncilICC's supreme governing body is the World Council, consisting of representatives of national committees. The World Council elects ICC’s highest officers, including the Chairman a nd the Vice-Chairman, each of whom serves a two-year term. The Chairman, Vice-Chairman and the Honorary Chairman (the immediate past Chairman) provide the organization with high-level world leadership. They play an important role in ICC section.Executive BoardStrategic direction for ICC is provided by its Executive Board, consisting of up to 30 businessleaders and ex-officio members. It is elected by the World Council on the recommendation of the Chairmanship. Meeting three times a year, the Executive Bo ard oversees the establishment of ICC’s strategic priorities and the implementation of its policies.International SecretariatThe ICC International Secretariat, based in Paris, is the operational arm of ICC. It develops and carries out ICC’s work program, feeding business views into intergovernmental organizations on issues that directly affect business operations. The International Secretariat is led by the Secretary General, who is appointed by the World Council.National CommitteesIn 92 of the world’s nations, members have established formal ICC structures called national committees. In countries where there is no national committee, companies and organizations such as chambers of commerce and professional associations can become direct members.Finance CommitteeThe Finance Committee advises the Executive Board on all financial matters. On behalf of the Executive Board, it prepares the budget and regularly reports to the board. It reviews the financial implications of ICC activities and supervises the flow of revenues and expenses of the organization. Dispute Resolution ServicesICC's administered dispute resolution services help solve difficulties in international business. ICC Arbitration is a private procedure that leads to a binding and enforceable decision.The International Court of Arbitration of the International Chamber of Commerce steers ICC Arbitration and has received 20,000 cases since its inception in 1923. Over the past decade, the Court's workload has considerably expanded.The Court's membership has also grown and now covers 85 countries and territories. With representatives in North America, Latin and Central America, Africa and the Middle East and Asia, the ICC Court has significantly increased its training activities on all continents and in all major languages used in international trade.ICC Dispute Resolution Services exist in many forms:Arbitration is a flexible and efficient dispute resolution procedure leading to binding and final decisions subject to enforcement worldwide.Mediation is a flexible technique, conducted privately and confidentially, in which a neutral facilitator helps parties to seek a negotiated settlement of their dispute.Dispute boards are independent bodies designed to help resolve disagreements arising during the course of a contract.Expertise is a way of finding the right person to make an independent assessment on any subject relevant to business operations.DOCDEX provides expert decisions to resolve disputes related to documentary credits, collections and demand guarantees, incorporating ICC banking rules.Policy and business practicesICC policies, rules and standards are prepared by specialized working bodies. Normal procedure requires policy statements first to be adopted by a commission, in consultation with national committees, and then approved by the Executive Board, before they can be regarded as official and public ICC positions.Commissions examine major policy issues of interest to world business. Each national committee (NC) or group may appoint delegates to represent it at meetings. Officers are appointed by theChairman and Secretary General in consultation with NCs. Meetings of commissions are normally held twice a year.Task forces are constituted under the various commissions for a limited period to undertake specific projects and report back to their parent commission. Some task forces may include representatives of more than one commission.Code of Advertising and Marketing Communication PracticeIn September 2011, the International Chamber of Commerce introduced the newly revised consolidated ICC Code of Advertising and Marketing Communication Practice, along with a dedicated website, , to guide advertising and marketing professionals around the globe. Th is Code sets ethical standards and guidelines for businesses using today’s rapidly changing technology, tools and techniques to market products and services. Developed by experts from all sectors of industry and all regions of the world, the code’s purpose is to protect consumers by clearly setting out guidelines for responsible marketing.The Code is structured in two main sections—General Provisions and Chapters. The General Provisions section contains fundamental principles and other broad concepts that apply to all marketing in all media. Code Chapters are detailed and apply to specific marketing areas, including: Sales Promotion, Sponsorship, Direct Marketing, Digital Media and Environmental Marketing Claim. World Chambers FederationIn 1951, ICC established the World Chambers Federation (WCF), formerly the International Bureau of Chambers of Commerce. WCF is the unique global forum uniting the worldwide network of more than 12,000 chambers of commerce and industry. It aims to facilitate the exchange of best practice and the development of new global products and services for chambers, and foster international partnerships between chambers and other stakeholders to help local businesses grow. WCF is a non-political, non-governmental body, with its membership comprising local, regional, national, bilateral and transnational chambers of commerce, as well as public-law and private-law chambers.WCF was established by ICC and its chamber members following a resolution at the conclusion of the World Congress of Chambers of Commerce (Rome 1950). At its inaugural committee meeting held in Paris in December 1950, WCF was to be first known as the International Information Bureau of Chambers of Commerce. As its role expanded and grew during the 1960s, its name changed to become the International Bureau of Chambers of Commerce and by June 2001, it became known as the World Chambers Federation.With a history spanning over 400 years, chambers today exist in almost every country and business community around the world. Chambers of Commerce and Industry can be defined as: multi-sector organizations that accept members without sectorial restrictionsnot pursuing political goals (i.e., they do not participate in elections or nominate candidates for political positions)acting as a voice for the business community (i.e., they advocate for business and promote legislation that is advantageous to business)facilitating the role of chambers of commerce as local business support agenciesAdministering the international guarantee chain of ATA Carnets, the Customs document allowing the duty-free and tax-free temporary import of goodsImproving the capacity of chambers in issuing certificates of origin, including the management of an International CO chainWorld Chambers Network – a website platform with services including a Global Chamber Directory, Business Opportunities Promotion Service Chamber-Trust Business Accreditation Program Chamber Professional and institutional development servicesWCF also organizes the World Chambers Congress every two years in a different region of the world. The Congress is the only international forum for chamber leaders and professionals to share best practices, exchange insights, develop networks, address the latest business issues affecting their communities, and learn about new areas of innovation from chambers around the world.During the Congress, WCF also announces the winners of World Chambers Competition, the only global awards program to recognize the most innovative projects undertaken by chambers of commerce and industry from around the world. The next Congress will be held in Torino in 2015.Special projects and initiativesBusiness Action to Stop Counterfeiting and PiracyICC established BASCAP to take a leading role in the fight against counterfeiting and piracy.BASCAP unites the global business community to more effectively identify and address intellectual property rights issues and petition for greater commitments by local, national and international officials in the enforcement and protection of IPR.The work of BASCAP aims to:Increase both awareness and understanding of counterfeiting and piracy activities and the associated economic and social harmCompel government action and the allocation of resources towards improved IPR enforcement Create a culture change to ensure intellectual property is respected and protectedBASCAP speaks out on the damage caused by counterfeiting and piracy, including:Harm to the economy, loss of employment prospectsDanger to consumer health and safetyLoss of innovation and poor quality productsFinancial links to organized crimeErosion of technology transferBusiness Action to Support the Information SocietyICC set up BASIS (Business Action to Support the Information Society) in mid-2006 to speak out on a wide range of critical issues, including:Internet governance matters such as data protection, privacy, security, and the technical management and coordination of the Internetliberalization of the telecoms marketentrepreneurshipinnovationICTs as tools for developmentICC Business World Trade AgendaThe International Chamber of Commerce (ICC), in partnership with the Qatar Chamber, launched the ICC Business World Trade Agenda initiative in March 2012 to provide private sector leadership in shaping a new multilateral trade policy agenda. The aim of this initiative is ultimately to drive World Trade Organization (WTO) multilateral trade talks out of an 11-year deadlock and "beyond Doha".The World Trade Agenda is a strong business-led initiative to bolster rules-based trade. The WTO lends its support to this initiative by engaging business to provide recommendations to advance global trade negotiations.The World Trade Agenda aims to:Define multilateral trade negotiation priorities for businessHelp governments set a trade policy agenda for the 21st century that contributes to economic growth and job creationFind answers to the current economic crisis and drive more effective trade talksSet concrete recommendations to advance global trade negotiationsSound the alarm on protectionismGather input and validation from the global business community on trade agenda priorities and recommendations for achieving a Doha victorySince its launch, the World Trade Agenda initiative has organized consultations with CEOs and senior executives in all major regions of the world to gather input and validation of its recommendations. These business priorities were released during the ICC World Trade Agenda Summit on 22 April 2013 in Doha.The Agreement on Trade Facilitation was finally adopted at the WTO's 9th Ministerial Conference on 7 December 2013. It was the first major agreement on trade facilitation to have been reached since the creation of the WTO.ICC and the United NationsSince 1946, ICC has held top-level consultative status with the United Nations and a close working relationship with its specialized agencies.Policy CommissionsICC commissions are specialized working bodies composed of business experts who examine major issues of interest to the business world. They prepare policy products, including statements to contribute to intergovernmental discussions, as well as rules and codes to facilitate international business transactions.ContractsICC, through these commissions, makes policy in: arbitration, banking, commercial law, competition, corporate responsibility and anti-corruption, e-Business, IT and telecoms, environment and energy, intellectual property, marketing and advertising, taxation, trade and investment, and customs and trade facilitation.The strength and legitimacy of ICC policy statements and rules are derived from the fact that they are developed through extensive consultation with member companies. ICC’s normal consultative procedure requires policy documents first to be adopted by one or more commissions, in consultation with national committees, and then approved by the Executive Board, before they can be regarded as official and public ICC positions.ICC is dedicated to business self-regulation and has developed a large array of voluntary rules, guidelines and codes to facilitate business and to spread best practice. These rules are used in billions of dollars’ worth of trans actions every year and provide an invaluable service to businesses across the globe.ICC issues products including the Uniform Customs and Practice for Documentary Credit, the most widely used set of rules in trade finance. ICC has also been publishing a set of international rules for the interpretation of trade terms, called Incoterms®, since 1936. These have become the undisputed worldwide contractual standard for facilitating international trade.Model contracts are another ICC product that helps companies by simplifying international business transactions. ICC model contracts are legal tools that any company may adapt to its needs,thereby shortening the time it spends on negotiations, saving money and encouraging trade.ICC guidelines set out business principles for efficient customs administrations. To facilitate the use of information and communication technologies (ICTs) and the Internet, ICC offers guidance on data protection, tools to address privacy matters, and a range of best practice and policy guidance on communications infrastructure and services.Commission on Arbitration and ADRAbout the Commission on Arbitration and ADRThe Commission on Arbitration and ADR is ICC's rule-making body and unique think tank in the field of international dispute resolution. The commission drafts and revises the various ICC rules for dispute resolution, including the ICC Rules of Arbitration, the ICC ADR Rules, the ICC Dispute Board Rules, and the ICC Rules for Expertise. In its research capacity, it proposes new policies in the interest of efficient and cost-effective dispute resolution and provides useful tools for the conduct of dispute resolution. It also produces reports and guidelines on legal, procedural and practical aspects of dispute resolution, which are published regularly in electronic format, in the ICC Bulletin, or in separate booklets.The commission provides for a global forum of around 700 members coming from more than 92 countries including lawyers, in-house counsel, arbitrators, mediators, law professors and experts in various dispute resolution fields. All contribute to ensure that ICC dispute resolution services adapt to the legislative and technological developments. The specific work of the commission is often carried out in smaller task forces. The commission holds two plenary sessions per year at which proposed rules, reports and guidelines are discussed, debated, and voted upon.The commission's objectivesDraft and amend ICC's Arbitration, Mediation, Expert Determination, Dispute Board and other forms of dispute resolution rules;Study the juridical and other aspects of arbitration and other modes of international dispute settlement, and examine them in view of current developments;Provide reports, guidelines and best practices on a range of topics of current relevance to the world of international dispute resolution, with a view to improving ICC dispute resolution services;Create a link among arbitrators, counsel and users to enable ICC dispute resolution to respond effectively to users' needs;Act as a forum for ideas on issues relating to international arbitration and other forms of dispute resolution; andPromote ICC's various dispute resolution services globally.Recent developmentsAfter having successfully launched the 2012 ICC Rules of Arbitration and the new ICC Mediation Rules which came into force on 1 January 2014, the Commission also approved the ICC Expert Rules, the ICC Dispute Board Rules and the DocDex Rules.The new ICC Report Decisions on Costs in International Arbitration helps to meet the expectations of arbitration users by providing on overview of how arbitrators decide on costs and is the Commission's latest initiative to encourage efficient and costs- effective procedural conduct.Other recent developments of the ICC Commission on Arbitration and ADR include the release of a new edition of its Guide to National Procedures for Recognition and Enforcement of Awards under the New York Convention. This enlarged and updated edition now covers 79 Country Answers and takes account of recent legal developments.The commission also published Effective Management in Arbitration - A Guide for In-House Counsel and Other Parties' Representatives. This Guide is meant to provide client representatives, such as in-house counsel, managers or government representatives, with a practical tool-kit to assist them in making effective time and cost decisions throughout an arbitration. Two other reports, the Report on States, State Entities and ICC Arbitration and the Report on Techniques for Controlling Time and Costs in Arbitration were issued by the Commission in 2012.Other active Task Forces are the Task Force on Financial Institutions and International Arbitrations, as well as the Task Force on Emergency Arbitrator Proceedings. A Task Force on the Probative Value of Witness Evidence and a Task Force on the Revision of the Rules of ICC as Appointing Authority in UNCITRAL or other Ad Hoc Arbitration Proceedings were recently created.ICC Banking CommissionThe World's Essential Rule-Making Body for the Banking IndustryWith over 80 years of experience and more than 600 members in more than 100 countries, the ICC Banking Commission - ICC largest commission - has rightly gained the reputation of being the most authoritative voice in the field of trade finance.ICC RulesThe ICC Banking Commission produces universally accepted rules and guidelines for international banking practice. ICC rules and guidelines on documentary credits, entitled UCP 600, are the most successful privately drafted rules for trade ever developed, serving as the basis of US$2 trillion worth of trade transactions a year.Rules and Guidelines on Documentary Credits (UCP 600)Uniform Rules for Forfaiting (URF)Uniform Demand Guarantees Rules (URDG 758)Uniform Rules for Bank Payment Obligation (URBPO)International Standard Banking Practice (ISBP)Policy-makingThe ICC Banking Commission is helping policy makers and standard setters to translate their vision into concrete programmes and regulations to enhance business practices throughout the world.Publications and Market IntelligenceUsed by banking professionals and trade finance experts worldwide, the commission's publications and Market Intelligence is the industry's most reputable and reliable source of guidance to bankers and practitioners in a broad range of fields.Dispute ResolutionThe ICC Banking Commission and International Centre for Expertise administer the ICC Rules for Documentary Instruments Dispute Resolution Expertise (DOCDEX) to facilitate the rapid settlement of disputes arising in banking.Education and CertificationOver ten thousand people in over 100 counties have been trained and certified in international trade finance using our suite of ICC approved online training services and certification facilities. Visit our Education and Certification page to view all of the opportunities including the renowned Certification for Documentary Credit Specialists (CDCS)Below is a list of our online training suite for trade finance- the most comprehensive platform for online training in documentary credits, standby letters of credit, collections and demand guarantees.Documentary CollectionsMentor 600Documentary Credits (DC) MasterInternational Standby Practices (ISP) MasterUniform Rules for Demand Guarantees (URDG) MasterUniform Rules for Bank Payment ObligationsInternational Standard Banking Practice (ISBP)Specialized Trainings and EventsIn addition to its bi-annual summit gathering over 400 international delegates every six months, the ICC Banking Commission organizes regular seminars and conferences around the world in partnerships with ICC national committees and various sponsors.Strategic PartnershipsThe ICC Banking Commission has developed strong patnerships with leading policy makers and trade associations, including World Trade Organization (WTO), Asian Development Bank (ADB), the Berne Union, the European Bank for Reconstruction and Development (EBRD), the Inter-American Development Bank (IDB), the International Finance Corporation (IFC), the International Monetary Fund (IMF), SWIFT, the World Bank, and many more.TFR Excellence Awards 2014 - Silver MedalFor the third year in a row, we are pleased to announce that the ICC Banking Commission has once again won a Trade and Forfaiting Review (TFR) 2015 Excellence Award (Silver) for 'Best Non-Bank Trade Services Provider'.TFR is a leading trade and supply chain finance information resource providing essential updates to professionals all around the globe."This award recognizes that some of the most significant contributions to the trade finance industry come from non-banks, and we are proud to be considered one of the leaders in this space, having leveraged our wealth of experience in trade finance to benefit the industry as a whole." Daniel Schmand, chair of the ICC Banking Commission.Many thanks to all of those who have helped make this a reality and to TFR for this prestigious award.Commission on Commercial Law and PracticeThe Commission on Commercial Law and Practice (CLP) facilitates international trade and promotes a balanced self-regulatory and regulatory legal framework for international business-to-business (B2B) transactions.MandateThe Commission's mandate is to set global business standards for international B2B transactions and provide global business input on commercial rules developed by intergovernmental organizations.The Commission works with some of the key intergovernmental organizations in this area on a regular basis: UNCITRAL (the United Nations Commission on International Trade Law), UNIDROIT (the International Institute for the Unification of Private Law), and the Hague Conference on Private International Law.Key productsAs the foremost business rule-maker for international trade, ICC sets voluntary rules that companies from all parts of the world apply to millions of transactions every year. The rules of the Commission on Commercial Law and Practice, such as Incoterms® 2010, have become part of the。
国际商事争议英文词汇摘录

国际商事争议解决研究术语摘录常设仲裁法院permanent court of arbitration 国际商会The International Chamber of Commerce,ICC 国际商会友好争议解决规则The ICC Amicable Dispute Resolution Rules 在线争议解决方法Online Dispute Resolution.,ODR 替代性争议解决Alternative Dispute Resolution,ADR 裁判adjudication 自然公正natural justice 正当程序due process 美国公众援救中心center of public sources,CPR 英国争议解决中心The Center for Effective Dispute Resolution,CEDR 管辖根据jurisdiction basis 直接国际裁判管辖权Direct international jurisdictional competence 间接国际裁判管辖权indirect international jurisdictional competence 欧洲自由贸易联盟European Free Trade Association,EFTA 取证嘱托书rogatory commission 审判前文件保留discovery of document 仲裁arbitration 实质性连结因素material connecting factors 联邦仲裁法federal arbitration act,FAA 产业化industry 国际的仲裁文化international arbitration culture程序公正procedural justice 实体公正substantive justice 显然漠视法律原则manifest disregard of law 仲裁协议arbitration agreement 往来函电in an exchange of letters or telegrams 临时仲裁ad hoc arbitration 自动移转规则automatic assignment rule 披露本人的代理agency of disclosed principal 未披露本人的代理agency of undisclosed principal 显名代理agency of named principal 隐名代理agency of unnamed principal 仲裁条款独立性理论doctrine of arbitration clause autonomy 又(称仲裁条款自治性理论reparability of arbitration clause 仲裁条款分离性理论severability of arbitration clause 仲裁条款分割性理论theory of autonomy of the arbitration clause)合同自始无效uoid ab initio 无中不能生有ex nitil nil fit 特殊类型sui genceris 管辖权自决学说compentence de la compentence(Kompetenz-kompetenz。
DOCDEX

DOCDEXThe International Centre for Expertise administers the ICC Rules for DocumentaryInstruments Dispute Resolution Expertise (DOCDEX), established by the ICC BankingCommission to facilitate the rapid settlement of disputes arising under the UniformCustoms and Practice for Documentary Credits (UCP), the Uniform Rules for Bank-to-Bank Reimbursement under Documentary Credits (URR), the ICC Uniform Rulesfor Collections (URC), or the ICC Uniform Rules for Demand Guarantees (URDG). 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 International 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.You can view the text of DOCDEX by selecting the articles to the left of the screen. Alternatively, you can search this section for specific informationForewordICC's DOCDEX rules, first approved in 1997, were aimed at providing an alternative dispute resolution system for parties using the ICC rules, presently called UCP 600, in letter of credit transactions. Rather than turning to the courts, which can take years to decide disputes, or to other forms of dispute resolution, the parties using DOCDEX can count on a reasonably priced decisionthat will normally be rendered by an ICC panel of experts within thirty to sixty days.Over the years, changes have been made to the DOCDEX process. In 2002, the rules were extended to cover cases dealing with the ICC Uniform Rules for Collections (URC 522) and the ICC Uniform Rules for Demand Guarantees (URDG 458). This considerably expanded the range of users who can benefit from the DOCDEX process. In addition, the decision to raise from $100,000 to $500,000 the threshold value of transactions requiring a higher fee for a DOCDEX decision clearly rendered the rules more attractive.A new impetus for using DOCDEX will surely be created as a result of the latest UCP revision, called UCP 600, which came into effect on 1 July 2007. New sets of rules inevitably raise questions of interpretation that may be the cause of disputes, and parties will have an interest in having these quickly resolved.Since the inception of DOCDEX, ICC expert panels have decided more than fifty DOCDEX cases.After relatively modest beginnings, the use of the process has picked up considerably in recent years, as the rules have gained increased visibility and as more users have come to appreciate the advantages of an objective, rapid and efficient process. DOCDEX is now firmly established and has taken its place among the various choices open to parties who seek clarity and precision in resolving their disputes.Guy SebbanICC Secretary GeneralICC DOCDEX Rules - Article 1Dispute Resolution Service1.1 These Rules concern a service called Documentary Instruments Dispute Resolution Expertise (DOCDEX) which is available in connection with any dispute related to:- a documentary credit incorporating the ICC Uniform Customs and Practice for Documentary Credits (UCP), and the application of the UCP and/or of the ICC Uniform Rules for Bank-to-Bank Reimbursement under Documentary Credits (URR),- a collection incorporating the ICC Uniform Rules for Collections (URC), and the application of the URC, - a demand guarantee incorporating the ICC Uniform Rules for Demand Guarantees (URDG), and the application of the URDG.Its 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, the collection instruction, or the demand guarantee and the applicable ICC Rules, be it the UCP, the URR, the URC or the URDG (ICC Rules).Any reference to DOCDEX will be deemed to apply to the latest version of the DOCDEX Rules and the applicable version of the ICC Rules , unless otherwise stipulated in the documentary credit, the collection instruction or the demand guarantee.1.2 DOCDEX 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).1.3 When 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.1.4 Unless otherwise agreed, a DOCDEX Decision shall not be binding upon the parties.1.5 In 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.ICC DOCDEX Rules - Article 2: Request2.1The 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 besupplied 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:2.2.1. full name and address of the Initiator, clearly stating such Initiator's function(s) in connection with the documentary credit, the collection, or the demand guarantee and2.2.2. 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, the collection, or the demand guarantee, where the Request is not submitted jointly by all parties to the dispute, and2.2.3. a statement of the Initiator formally requesting a DOCDEX Decision in accordance with the ICC DOCDEX Rules, ICC Publication No. 811, and2.2.4. a summary of the dispute and of the Initiator's claims, clearly identifying all issues related to the documentary credit, the collection, or the demand guarantee and the applicable ICC Rules to be determined, and2.2.5. copies of the documentary credit, the collection instruction, or the demand guarantee in dispute, all amendments thereto, and all documents deemed necessary to establish the relevant circumstances, and2.2.6. a statement by the Initiator that a copy of such Request, including all documents annexed thereto, has been sent to each Respondent named in the Request.2.3 The Request must be accompanied by the payment of the Standard Fee as per the Appendix hereto. No Request shall be processed unless accompanied by the requisite payment.ICC DOCDEX Rules - Article 3: Answer3.1.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, and3.2.2. date of the relevant Request, and3.2.3. a statement of the Respondent formally requesting a DOCDEX Decision in accordance with the ICC DOCDEX Rules, ICC Publication No. 811, and3.2.4. a summary of the Respondent's claims, clearly referring to all issues related to the documentary credit, the collection, or the demand guarantee and the applicable ICC Rules to be determined, and3.2.5. copies 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.3.3 If 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.ICC DOCDEX Rules - Article 4: Supplements4.1 Request, Answers and Supplements shall be final as received.4.2 The 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).4.3 Supplements 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:4.3.1 date and reference as stated in the Invitation, and4.3.2 name and address of the issuer of such Supplement, and4.3.3 a 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.4.4 Supplements shall only be submitted to the Centre upon and in accordance with an Invitation issued by the Centre.ICC DOCDEX Rules - Article 5: Acknowledgements and Rejections5.1 The Centre shall confirm the receipt of Requests, Answers and Supplements to the Initiator and Respondent (Acknowledgement).5.2 The 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.5.3Any 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.5.4 Under advice to the Initiator and Respondent, the Centre may reject at any time, before or after itsAcknowledgement, any Request, Answer or Supplement, in whole or part,5.4.1 where the Centre or Appointed Experts deem any issue to be determined to be unrelated to the applicable ICC Rules, or5.4.2 which in other respects, in particular regarding form and/or substance, does not fulfil the requirements of these Rules, or5.4.3 in respect of which the Standard Fee has not been received by the Centre within 14 days after the date of the Request.5.5 Periods 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.ICC DOCDEX Rules - Article 6: Appointment of Experts6.1 The Banking Commission will maintain internal lists of experts having profound experience and knowledge of the applicable ICC Rules.6.2 Upon 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.6.3An Appointed Expert shall at all times keep strictly confidential all information and documents related to any DOCDEX case.6.4 Where 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.6.5 The 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.ICC DOCDEX Rules - Article 7: Appointed Experts' Procedure7.1 The Centre shall submit to the Appointed Experts the Request, Answer(s) and Supplement(s) received in connection therewith.7.2 The Appointed Experts shall render their decision impartially and exclusively on the basis of the Request, Answer (s) and Supplement (s) thereto, and on the documentary credit and the UCP and/or URR, or on the collection and the URC, or on the demand guarantee and the URDG.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.7.4 Within 30 days after they have received all information and documents deemed by them to be necessary and appropriate to the issues to be determined, and provided that the Additional fee as mentioned in Article 10.1 is paid, the Appointed Experts shall draft a decision and their Chair shall submit the decision to the Centre.7.5 Neither 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.ICC DOCDEX Rules - Article 8: DOCDEX DecisionArticle 8: DOCDEX Decision8.1 Upon 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 applicable ICC Rules 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.8.2 Subject to Article 10.2 of these Rules, the Centre will issue and make available the DOCDEX Decision without delay to8.2.1 the Initiator and8.2.2 the Respondent who has requested, pursuant to Article 3.2.3, a DOCDEX Decision in accord-ancewith the ICC Documentary Credit Dispute Expertise Rules8.2.3 The DOCDEX Decision shall be issued by the Centre in the English language, unless Appointed Experts decide otherwise, and shall contain inter alia the following8.3.1 names of the Initiator and Respondent, and8.3.2 summary of the representations relevant to the issues determined, and8.3.3 determination of the issues and the decisions taken with succinctly stated reasons, therefore, and 8.3.4 date of issuance and signature for and on behalf of the Centre.8.4 The DOCDEX Decision shall be deemed to made at Paris, France, and on the date of its issuance by the CentreICC DOCDEX Rules - Article 9: Deposit and publication of the DOCDEXDecision9.1 An original of each DOCDEX Decision shall be deposited with the Centre and shall be kept there for 10 years.9.2 The ICC may publish any DOCDEX Decision, provided always the identities of the parties to the dispute are not disclosed.ICC DOCDEX Rules - Article 10: Costs of DOCDEX10.1 The 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 theInitiator within a reasonable time, at the latest, within 45 days after the date of the Acknowledgement of the Request. The Centre will fix a time limit for the payment of the Additional Fee. The Centre may stay the procedure at any time, and instruct the Appointed Experts to suspend their work on the case, until the Additional Fee is paid by the Initiator. No Additional Fee will be charged where the amount of the letter of credit, the collection, or the demand guarantee in dispute does not exceed the minimum amount stated in the Appendix.10.2 The DOCDEX Decision shall not be issued until the Centre has received the Additional fee, if invoiced.ICC DOCDEX Rules - Article 11: General11.1 In 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.11.2 Appointed 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), orfor delay, mutilation or other error(s) arising in the transmission of any telecommunication, or for errorsin translation and/or interpretation of technical terms.11.3 Appointed 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.。
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国际商会跟单票据争议专家解决规则ICC DOCDEX Rules(国际商会第811号出版物2002年3月15日生效)王善论译*第一条争议解决服务1.1 本规则涉及的服务称为跟单票据争议专家解决(DOCDEX),适用于与下列事项有关的任何争议:⏹规定适用国际商会《跟单信用证统一惯例》(UCP)的跟单信用证,及UCP和/或《跟单信用证项下银行间偿付统一规则》(URR)的应用;⏹规定适用国际商会《托收统一规则》(URC)的托收业务,及URC的应用;⏹规定适用国际商会《见索即付保函统一规则》(URDG)的见索即付保函,及URDG的应用。
本规则的宗旨是,基于跟单信用证、托收指示、或见索即付保函的条款,及其所适用的国际商会规则,即UCP、URR、URC或URDG(简称“国际商会规则”),为如何解决其争议提供一个独立、公正和快捷的专家意见(DOCDEX裁定)。
凡涉及DOCDEX均被认为适用于跟单票据争议专家解决规则(DOCDEX规则)的最新版本以及所适用的国际商会规则,除非在跟单信用证、托收指示或见索即付保函中有相反规定。
1.2 DOCDEX可通过国际商会银行技术与实务委员会(简称“银行委员会”)支持设立的国际商会国际专业鉴定中心(简称“中心”)做出。
1.3 当争议根据本规则提交中心后,中心将从银行委员会的专家名单中指定三名专家组成专家小组。
经与银行委员会技术顾问磋商后,这三名指定的专家应根据本规则以中心的名义做出DOCDEX裁定。
该DOCDEX裁定并不意在符合仲裁裁决的法律要求。
1.4 除非各当事人同意,DOCDEX裁定对各当事人不具约束力。
1.5 在DOCDEX程序中,与中心的通讯只能以书面形式进行,即通过能提供完整记录的电讯或其他快捷方式。
第二条申请2.1 申请人应向中心提交申请,请求做出DOCDEX裁定(称为“申请”)。
申请人可以是争议当事人之一,由其单独提交申请,也可以由多个或所有的争议当事人共同提交一个申请。
申请人应向设在法国巴黎的中心提交包括所有文件及其附件的申请书,一式四份。
*本译文并非国际商会中国国家委员会的正式译文,仅供学习参考之用。
2.2 申请书应简明扼要,并包含所有准确的必要信息,包括:2.2.1 申请人的全称和地址,说明申请人在信用证、托收或担保业务中的角色;2.2.2 如果申请不是由争议各方共同提出,则须注明争议的其他各方(“被申请人”)的全称和地址,说明被申请人在信用证、托收或担保业务中的角色;2.2.3 一份申请人正式要求根据国际商会DOCDEX规则(国际商会第811号出版物)做出DOCDEX裁定的声明;2.2.4 一份争议概要和申请人的主张,并明确所有与信用证、托收或担保有关的事项及所适用的国际商会规则;2.2.5 争议中的信用证、托收指示或见索即付保函及其所有修改件的副本,以及必要的与之相关的所有文件的副本;2.2.6 一份申请人的声明,声明已经将申请书包括所附文件的副本寄给了申请书中所列明的每一个被申请人。
2.3 申请书必须随附本规则附件规定的标准费用的支付凭证,否则不予受理。
第三条答辩3.1 被申请人可针对申请书提出答辩。
被申请人可能是申请书中列明的争议的一方或多个当事方,答辩书可由一个被申请人单独提交或多个被申请人共同提交。
答辩书必须在中心的申请确认函规定的期限内送达中心(见第五条)。
应向设在法国巴黎的中心提交包括所有文件及其附件的答辩书,一式四份。
3.2 答辩书应简明扼要,并包含所有准确的必要信息,包括:3.2.1 申请人的名称和地址;3.2.2 相关申请书的日期;3.2.3 一份被申请人正式要求根据国际商会DOCDEX规则(国际商会第811号出版物)做出DOCDEX裁定的声明;3.2.4 一份被申请人的主张申述概要,并明确所有与信用证、托收或担保有关的事项及所适用的国际商会规则;3.2.5 认为必要的与之相关的所有附加材料的副本;3.2.6 一份被申请人的声明,声明已经将答辩书及随附的所有文件的副本以书面形式寄送给了申请人和申请书中所列明的其他被申请人。
3.3 如果被申请人没有按照第3.2.3条的规定提供声明,则最终的DOCDEX裁定不会提交给该被申请人。
第四条补充材料4.1 所收到的申请书、答辩书和补充材料应被视为最终文件。
4.2 中心可通过邀请函的方式,要求申请人和被申请人提供特定的补充信息,包括与DOCDEX裁定有关的文件副本(称为“补充材料”)。
4.3 补充材料一式四份必须在邀请函规定的期限内提供给中心。
补充材料应简明,并包含所有准确的必要信息,并包括有关文件的副本。
还应包含:4.3.1 邀请函中规定的日期与出处;4.3.2 该补充材料提供人的名称和地址;4.3.3 一份补充材料提供人的声明,声明已经将补充材料及其随附所有文件的副本寄送给了申请人或被申请人。
4.4 只有在中心邀请时,补充材料方须按规定提交给中心。
第五条受理与拒绝5.1 中心应向申请人和被申请人确认收到其申请书、答辩书以及补充材料(称为“受理”)。
5.2 中心会确定其必须收到答辩书或补充材料的合理期限。
此期限不得超过确认收到申请书后的30天,或要求提交补充材料的邀请日后的14天。
5.3 中心对在有关受理或邀请函中规定的时限期满后收到的答辩书或补充材料,或没有要求的任何通讯,将不予理会。
5.4 在通知申请人和被申请人的情况下,中心可以在受理前或之后的任何时间拒绝全部或部分申请书、答辩书或补充材料。
5.4.1 中心或专家小组认为提交裁定的事项与所适用的国际商会规则无关;或5.4.2 就具体的形式和/或内容而言,不能满足本规则的要求;或5.4.3 在申请日后14天内,中心没有收到标准费用。
5.5 本规则规定的期限或受理通知或邀请函提及的天数是指连续的日历日,应从有关的受理通知或邀请函标明的次日开始计算。
如果有关日期的最后一天,或任何确定的日子是法国巴黎的非工作日,则顺延至此后的巴黎第一个工作日。
第六条指定专家6.1 银行委员会将保存对国际商会规则具有丰富经验和渊博知识的内部专家名单。
6.2 中心收到申请后,从专家名单中指定三名独立专家组成专家小组。
每位专家小组成员须声明其独立于申请书表明的争议各方。
中心任命三位指定专家中的一人担任主席。
6.3 专家小组自始至终应对所有与DOCDEX案件有关的信息和文件严格保密。
6.4 任何一位指定的专家认为自己无力履行其职责时,应立即将终止通知提交中心。
当中心认为某指定专家无力履行其职责,中心应立即将辞聘通知本人。
在任何情况下,该专家应立即将其收到的申请书、答辩书或补充材料以及所有随附文件退回中心,中心将此终止聘任通知告知其他专家。
6.5 中心应重新指定一位专家,以替换因根据本规则第6.4条而提前辞聘的专家,不得延误,并相应地将该情况通知其他专家。
第七条专家组程序7.1 中心将收到的申请书、答辩书和有关的补充材料一并提交专家小组。
7.2 专家小组应公正独立地根据申请书、答辩书和补充材料,信用证与UCP和/或URR,或托收与URC,或见索即付保函与URDG做出裁定。
7.3 如果专家小组认为必要,其主席可以要求中心邀请申请人和被申请人,根据本规则第4条,提供附加的信息和/或文件的副本。
7.4 在他们确认收到将进行裁定的事项的所有必要的和适合的材料和文件后30天内,以及按本规则第10.1条提及的附加费已经支付的情况下,专家小组应起草裁定,其主席将裁定提交中心。
7.5 申请人和被申请人不得⏹寻求专家组的审理听证;⏹要求国际商会透露任何指定专家的姓名;⏹寻求指定专家或银行委员会的官员,在与该指定专家或银行委员会的官员参与做出DOCDEX裁定的案件有任何关系的争议中,到仲裁庭或法庭作为证人、专家或任何其他类似职能的身份。
第八条DOCDEX裁定8.1 一俟收到专家小组的裁定,中心应立即与银行委员会的技术顾问或其指定的代表磋商,以确定该裁定是否与所适用的国际商会规则及银行委员会的解释相符。
技术顾问(或其代表)的修改意见须得到专家小组的多数同意。
8.2 根据本规则第10.2条,中心须向下述有关当事人出具DOCDEX裁定,不得延误。
8.2.1 申请人;8.2.2 根据第3.2.3条要求按照国际商会DOCDEX规则(国际商会第811号出版物)做出DOCDEX裁定的被申请人。
8.3 中心须用英文做出DOCDEX裁定,除非专家小组另有决定。
此外,裁定还必须包括如下内容:8.3.1 申请人和被申请人的名称;8.3.2 案情概述;8.3.3 裁定以及做出裁定理由的简要陈述;8.3.4 裁定做出的日期以及代表中心的签字。
8.4 该DOCDEX裁定视为于出具之日在法国巴黎由中心做出。
第九条DOCDEX裁定的保存与公布9.1 每一DOCDEX裁定的正本都应在中心存档并保存10年。
9.2 在始终不披露争议各方身份的情况下,国际商会可公布DOCDEX裁定。
第十条DOCDEX费用10.1 DOCDEX服务费用是在附录中规定的标准费用。
标准费用是不可返还的。
在例外情况下,可能要支付附加费,中心根据争议案件的复杂程度与附录中附加费项下规定的最高限额决定附加费。
该附加费应在合理时间内(最迟在申请书受理后的45天内)向申请人收取。
中心应确定附加费的支付时限。
中心可随时延缓审理程序,并指示专家小组暂停有关案件的审理工作,直到申请人支付了附加费。
若争议中的信用证、托收或担保金额不超过附录规定的最低金额,不收附加费。
10.2 如果开出发票,在没有收到附加费之前,中心不会提交DOCDEX裁定。
第十一条其他11.1 在本规则没有明确规定的任何情况下,中心、专家、指定专家、职员,国际商会的官员和雇员应严格遵守保密规定,并以本规则的精神行事。
11.2 指定专家、职员、国际商会的官员和雇员对由于便函、信函或文件在传递过程中延误和/或丢失,或电讯传送中出现的损毁或其他错误,或术语在笔译和/或口译中出现的错误,不承担责任或义务。
11.3 指定专家、职员、国际商会的官员和雇员对因履行或声明履行与DOCDEX裁定有关的职能不承担责任或义务,除非此行为或疏忽被证明不是出于善意的。
附录1. 标准费用标准费用为5000美元,包括管理费用和专家费用。
2. 附加费根据本规则第10.1条,如果信用证、托收或担保金额超过50万美元,中心可收取最高不超过标准费用100%的附加费。
3. 支付上述费用须用美元直接支付给位于巴黎的国际商会,注明DOCDEX费。
银行转账至:UBS SA 35 rue des Noirettes P.O.Box 2600CH-1211 Geneva2 Switzerland(瑞士)Account No.: 240-224534.61RSwift Code: UBSWCHZH12A;或用支票付至国际商会;或用Visa信用卡支付并注明:到期日、Visa信用卡号、卡上姓名、签名及日期4. 传递上述任何方式支付都需附上书面通知,传送至国际商会国际专家中心38 Cours Albert 1er F-75008 Paris, FranceTelefax: +33149532929 email: *****************说明以下内容:名称、职衔、公司、地址、邮政编码、申请日期5. 附则本附录如有修订,不另行通知。