Welcome to the Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance. The existing members of the alliance include: Shenzhen International Arbitration Court Mediation Center, Shenzhen Securities and Futures Industry Dispute Mediation Center, China Foreign Trade Center (Canton Fair Complaint Station), Guangdong Private Enterprise Complaint Center, Shenzhen Foreign Investment The Commercial Mediation Committee of the Enterprise Association, the Mediation and Arbitration Center of the Shenzhen General Chamber of Commerce, the Commercial Mediation Committee of the Hong Kong Chinese Enterprise Association, the Hong Kong Joint Mediation Hotline Office, the Hong Kong International Arbitration Center, the Hong Kong Mediation Council, the Hong Kong Institute of Arbitrators, the Hong Kong Institute of Surveyors, the Hong Kong Settlement Center , British Chartered Institute of Arbitration East Asia Branch, Macau World Trade Center Arbitration Center, Qianhai "One Belt One Road" International Commercial Litigation Docking Center
Welcome to the Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance. The existing members of the alliance include: Shenzhen International Arbitration Court Mediation Center, Shenzhen Securities and Futures Industry Dispute Mediation Center, China Foreign Trade Center (Canton Fair Complaint Station), Guangdong Private Enterprise Complaint Center, Shenzhen Foreign Investment The Commercial Mediation Committee of the Enterprise Association, the Mediation and Arbitration Center of the Shenzhen General Chamber of Commerce, the Commercial Mediation Committee of the Hong Kong Chinese Enterprise Association, the Hong Kong Joint Mediation Hotline Office, the Hong Kong International Arbitration Center, the Hong Kong Mediation Council, the Hong Kong Institute of Arbitrators, the Hong Kong Institute of Surveyors, the Hong Kong Settlement Center , Chartered Institute of Arbitration East Asia Branch, Macau World Trade Center Arbitration Center, Qianhai "One Belt One Road" International Commercial Litigation Docking Center
 

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The Guangdong-Hong Kong-Macao Commercial Mediation Alliance successfully mediates Hong Kong parties' commercial disputes in the Mainland in Qianhai

The Guangdong-Hong Kong-Macao Commercial Mediation Alliance successfully mediates Hong Kong parties' commercial disputes in the Mainland in Qianhai

  • Time of issue:2014-12-19 08:00
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The Guangdong-Hong Kong-Macao Commercial Mediation Alliance successfully mediates Hong Kong parties' commercial disputes in the Mainland in Qianhai

(Summary description)On December 19, 2014, the first commercial case to apply for mediation to the Guangdong-Hong Kong-Macao Commercial Mediation Union (hereinafter referred to as the "Mediation Union") was successfully conducted at the Shenzhen International Arbitration Court (South China International Economic and Trade Arbitration Commission) at the International Arbitration Tribunal in Qianhai Mediation to close the case. The parties in this case are all from Hong Kong, and the amount in dispute is more than RMB 50 million. It involves a commercial dispute between the two parties in Mainland China.

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  • Time of issue:2014-12-19 08:00
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On December 19, 2014, the first commercial case to apply for mediation to the Guangdong-Hong Kong-Macao Commercial Mediation Union (hereinafter referred to as the "Mediation Union") was successfully conducted at the Shenzhen International Arbitration Court (South China International Economic and Trade Arbitration Commission) at the International Arbitration Tribunal in Qianhai Mediation to close the case. The parties in this case are all from Hong Kong, and the amount in dispute is more than RMB 50 million. It involves a commercial dispute between the two parties in Mainland China.

 

Both the applicant and the respondent in this case are Hong Kong businessmen and have maintained a good cooperative relationship. The respondent borrowed money from the applicant to invest in real estate in the Mainland. Afterwards, because the respondent encountered difficulties in business operations, the applicant repeatedly asked the respondent for repayment without success. In order to maintain the long-term relationship of business partners between the parties and effectively resolve their disputes, after negotiation, the two parties jointly filed an application for mediation with the mediation alliance. After accepting the application, the Secretariat of the Mediation Alliance detailed the qualifications and professional scope of the 14 member institutions of the Mediation Alliance in Guangdong, Hong Kong and Macao in accordance with the "Guidelines for the Mediation Procedures for Commercial Disputes of the Mediation Alliance." Choose a mediation agency. In the end, both parties from Hong Kong jointly chose the Mediation Center of the Shenzhen Court of International Arbitration as the mediation agency to resolve the dispute. Through the free referral service of mediation cases by the Secretariat of the Mediation Alliance, the Mediation Center of the Shenzhen International Arbitration Court accepted the case and arranged a mediation meeting in the Qianhai International Arbitration Tribunal within one week. In addition to the "List of Mediation Experts of the Mediation Center of the Shenzhen Court of International Arbitration", both parties jointly selected Mr. Luo Weixiong, the chairman of the Hong Kong Mediation Center, a member of the Mediation Alliance, as the sole mediator of this case. Different from the "evaluative" mediation method generally used in Mainland China, the mediator Luo Weixiong adopts the "facilitative" mediation method that Hong Kong parties are more accustomed to accept, and listens fully through various mediation techniques such as "face-to-face" and "back-to-back". After more than 7 hours of patient mediation on the opinions and solutions of both parties, both parties finally reached a settlement agreement.


In order to ensure that the settlement agreement can be enforced within and outside the country, the parties have submitted the settlement agreement to the Shenzhen International Arbitration Court for an application for a rapid ruling based on the content of the settlement agreement. The selected arbitrators are Mr. Bai Tao and Mr. Bai Tao also From the Commercial Mediation Committee of the Hong Kong Chinese Enterprises Association, a member of the Mediation Alliance. After the arbitration award is made, both parties can apply to domestic and foreign courts for enforcement. Both parties and the Hong Kong lawyers entrusted by both parties said that it is difficult for the mainland courts to recognize and enforce the settlement documents reached in Hong Kong in the past. Now, the mediation alliance has given full play to the role of “Hong Kong-style mediation + mainland arbitration”. This greatly reduces the economic cost and time cost of the parties, which is not only conducive to the smooth settlement of disputes and the maintenance of the future cooperative relationship between the two parties, but also conducive to fully protecting the legitimate rights and interests of the winning party.


The successful resolution of this case provides a useful reference for Chinese and foreign parties, including Hong Kong businessmen, to use Qianhai’s dispute resolution service mechanism to resolve commercial disputes involving domestic and foreign affairs, and also reflects the Guangdong-Hong Kong-Macao Commercial Mediation Alliance’s innovative and diversified dispute resolution methods. Advantages: First, the cross-border mediation agency. Chinese and foreign parties submit their disputes to the mediation alliance. According to the specific circumstances of the dispute, any mediation agency among the 14 mediation alliance members can be selected for mediation. Both parties in this case are from Hong Kong, but because the dispute involved is in the mainland of China, both parties jointly selected the Mediation Center of the Shenzhen Court of International Arbitration in the mainland for mediation. The second is the openness of mediation rules. The mediation rules of some mediation institutions (such as the Shenzhen Court of International Arbitration) also stipulate that the parties can choose to choose a mediator from the list of the selected mediation institution, or jointly select domestic and foreign mediators outside the list; the mediators are in the mediation process The mediation method it deems appropriate can be adopted. These international and open arrangements are welcomed and recognized by the parties. The third is the enforceability of the mediation results. After the mediation is successful, the parties can apply to the Shenzhen Court of International Arbitration for a ruling on the settlement agreement according to the “mediation + arbitration” mechanism of the Shenzhen Court of International Arbitration, which can be enforced in courts of more than 150 countries, including China. The fourth is the low cost of dispute resolution. Through mediation and arbitration mechanisms, disputes between the parties have been resolved quickly, harmoniously and effectively, which saves time and costs. The fifth is the diversity of participants. In this case, the attorneys, mediators, and arbitrators selected by both parties are all from Hong Kong. Hong Kong professionals mediate (including arbitration) disputes for Hong Kong parties, making it easier to gain the trust of Hong Kong parties, which is also an important factor in the successful resolution of this case. . The Mediation Alliance has built such a platform, and lawyers, mediators, arbitrators and other domestic and foreign professionals, including Hong Kong, can easily participate in it, give full play to their professional skills, and contribute to cross-border disputes.


Background information:

With the strong support of the Qianhai Administration and led by the Shenzhen Court of International Arbitration, the Guangdong-Hong Kong-Macao Commercial Mediation Alliance was established in Qianhai on December 7, 2013. Its current members include 14 mainstream commercial mediation institutions from Guangdong, Hong Kong and Macau. Including: Shenzhen International Arbitration Court Mediation Center, Shenzhen Securities and Futures Industry Dispute Mediation Center, China Foreign Trade Center (Canton Fair Complaint Station), Guangdong Private Enterprise Complaint Center, Shenzhen Association of Foreign Investment Enterprises Commercial Mediation Committee, Shenzhen General Chamber of Commerce Mediation and Arbitration Center , Hong Kong Chinese Enterprises Association Commercial Mediation Committee, Hong Kong Joint Mediation Hotline Office, Hong Kong International Arbitration Center, Hong Kong Mediation Council, Hong Kong Institute of Arbitration, Hong Kong Institute of Surveyors, Hong Kong Reconciliation Center, Chartered Institute of Arbitration East Asia Branch and Macau World Trade Center Arbitration center. The purpose of the mediation alliance is to build a diversified commercial dispute resolution mechanism in Guangdong, Hong Kong and Macau, and promote the development of trade liberalization in Guangdong, Hong Kong and Macau. The Secretariat of the Mediation Alliance is located in Qianhai, Shenzhen. The Mediation Center of the Shenzhen International Arbitration Court is responsible for the daily work of the Secretariat of the Mediation Alliance. It is responsible for integrating the resources of the Alliance, providing guidance and assistance to the parties in resolving disputes, so that disputes can be resolved professionally and efficiently.

 

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