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Guidelines for conciliation proceedings for commercial disputes between Guangdong, Hong Kong and Macau


 

Application for conciliation

After a commercial dispute has arisen between the parties, if it can not be settled through consultation, one or both parties may apply to the Secretariat of the Guangdong, Hong Kong and Macao Commercial Conciliation Union (hereinafter referred to as the "Conciliation Union").

 

  Two. Willingness to mediate

  After receiving the application for mediation, the Secretariat consulted the other party's opinions and agreed to conciliation. If a person disagrees with conciliation, the Secretariat will notify the applicant and terminate the mediation.

 

  Three, select mediation agencies

If both parties agree to conciliate, the two parties shall first jointly select a conciliation institution from the list of members of the conciliation Alliance for conciliation; if the two parties have not selected or jointly entrusted the Secretariat to designate the conciliation institution within the time limit of the notification, the Secretariat shall, in accordance with the nature of the dispute, designate the parties on the list of members of the Alliance for conciliation. A mediation agency is set up for mediation.
 
If the selected mediation institution is unable to mediate the disputed matters, the mediation institution shall be redefined in accordance with the provisions of the preceding paragraph.

 

  Four, the transfer of mediation applications

After settling the mediation agency, the Secretariat will transfer the application for mediation to the designated mediation institution. In accordance with the requirements of the mediation institution, the parties concerned shall handle the mediation procedures and conduct mediation.

 

  Five. Inform the result of mediation.

After completion of the mediation, the mediation institution shall inform the Secretariat in writing of the result of the mediation.

 

  Six. The combination of mediation and arbitration.

If a conciliation agreement is reached through mediation, the parties may agree to submit the conciliation agreement reached through mediation to the South China International Economic and Trade Arbitration Commission (Shenzhen International Arbitration Court) for conciliation award in order to give the conciliation result compulsory enforcement. The conciliation award is enforceable in at least 154 countries in accordance with the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.