تحول در نظام حل و فصل اختلافاتِ «اعتبارات اسنادي» در حقوق تجارت بين‌الملل

With the rapid expansion of international trade, documentary credits, as one of the most widely used payment instruments, play an important role in safeguarding the mutual interests of buyers an‎d sellers. However, owing to the multiplicity of parties involved, the complexity of legal an‎d banking relationships, an‎d the cross-border nature of this instrument, the occurrence of disputes in the course of documentary credit transactions is inevitable. The choice of an appropriate dispute resolution mechanism has a direct impact on the efficiency, speed, an‎d legal certainty of this commercial instrument. Adopting an analytical an‎d comparative approach, this study examines various dispute resolution structures applicable to documentary credit disputes, including judicial proceedings, alternative dispute resolution (ADR), an‎d online dispute resolution (ODR), an‎d explores the potential of emerging technologies to enhance these mechanisms. It also eva‎luates the capacities an‎d limitations of these methods with a view to integrating them into a specialized, technology-driven, multi-tiered, an‎d hybrid model. The findings indicate that, compared with judicial proceedings, ADR an‎d ODR have greater potential to resolve documentary credit disputes in a timely, cost-effective, an‎d confidential manner. Furthermore, a comparative examination of existing mechanisms demonstrates that the targeted integration of judicial proceedings, ADR, an‎d ODR, supported by emerging technologies within a multi-tiered process, can enhance the efficiency of resolving documentary credit disputes. Based on these findings, two sets of measures are proposed to improve efficiency an‎d expan‎d the use of documentary credits. At the international level, amendments to the rules of the International Centre for Documentary Credit Arbitration are proposed, including strengthening its independence an‎d the role of customary law, providing for online arbitration, utilizing specialized experts, an‎d extending the Centre’s jurisdiction to disputes arising from retail documentary credits. At the national level, the study proposes a specialized, technology-driven, multi-tiered, an‎d hybrid domestic model for resolving documentary credit disputes, based on the targeted integration of ADR an‎d ODR an‎d the use of emerging technologies, while taking into account the legal, banking, an‎d institutional requirements of the Iranian legal system. The legal, legislative, institutional, an‎d technological reforms required for the implementation of this model are also identified an‎d proposed.

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