OCA Get Ready With Me
Official Case Applications are the ultimate solution for when things have reached a dead end and no settlement was agreed on. For an OCA to be accepted by ICB, there are many checkboxes that need to be checked, and when it gets accepted, the waiting officially begins. So how can you successfully fill an OCA? When can ICB reject an OCA? And what is the exact timeline that you would expect when you raise one?
The template might honestly be intimidating and a bit complicated to follow but it’s actually not that hard. For starters, you have to fill everything that’s in the template, starting with the case information (if you are complaining you only fill the red, and if you are responding you fill the blue), then comes the summary where you briefly explain the case only mentioning big events and not getting into much details. After that comes the violations and the claims and for that you have to be concise and backed up with proofs for each claim you make, you have to link your violation with a clause from the APIP, including the date of the mentioned violation, this must be the same process for each claim you make. When submitting an OCA through the portal and when reading Annex 5 of the APIP you will notice that you need to submit everything in one zip folder that includes one PDF version of the OCA template, one editable version, a folder with all the proofs organized according to each claim and most importantly renamed (example: Folder 1 would be named ‘Claim1’ / Folder 2 would be named ‘Claim 2’ / a screenshot between the OP and the EP would be renamed ‘OP and EP conversation) that way we know exactly which proof to look at when studying and analyzing a claim, a folder with all the receipts of the expenses and lastly you would have to attach a folder of the ECB-ECB and LC-LC communications to show that the steps were followed before resorting to an OCA.
Now filling the OCA is probably not the last thing you should worry about because not all OCAs get accepted by ICB. The first cause of rejection would be, if you did not support each one of your claims with proofs and an APIP clause. The second would be you failed to attach the needed files or you missed one file. The third is the actual interpretations of your claims, your claims are unclear or may have double interpretation. The fourth is that your template does not conform to the template in Annex 5 of the APIP.
After you raise an OCA, ICB will firstly send you a first response within 24H stating that they are reviewing the OCA and will inform you if your OCA is accepted or rejected within the next 48H.
- If your OCA is accepted, ICB will put the respondent entity in CC, attach the editable version of the OCA template you sent and give them 5 days to fill it back (the blue part of the template).
- If responding entity do not fill the template and send it back within 5 days without requesting an extension, ICB will accept the OCA only filled by the Claiming Entity and provide a verdict based on what is in the template.
- If the responding entity successfully fills the template and sends it back within the deadline, ICB will confirm and lastly provide a verdict after 5 days. - If your OCA is rejected, ICB will explain the reasons and ask you to send it back if it applies.
The protocol might seem complicated and some of the details might seem unnecessary but it is all needed and mandatory in order for us to have a full understanding of the situation, to identify the violations taking into consideration the proofs presented for each claim by both parties.
Nayrouz
ICB CS Team