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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"Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance Dispute Resolution Rules" and its interpretation

"Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance Dispute Resolution Rules" and its interpretation

  • Time of issue:2019-02-21 11:00
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"Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance Dispute Resolution Rules" and its interpretation

(Summary description)The Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance (hereinafter referred to as the "Alliance") was jointly established by 15 major arbitration and mediation institutions in Guangdong, Hong Kong and Macau under the leadership of the Shenzhen Court of International Arbitration on December 7, 2013 in Qianhai, Shenzhen. Over the past five years, the alliance has adhered to the principles of "equality, openness, and cooperation" and adopted "independent mediation + independent arbitration" as an innovative approach to cross-border commercial dispute resolution.

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  • Time of issue:2019-02-21 11:00
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The Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance (hereinafter referred to as the "Alliance") was jointly established by 15 major arbitration and mediation institutions in Guangdong, Hong Kong and Macau under the leadership of the Shenzhen Court of International Arbitration on December 7, 2013 in Qianhai, Shenzhen. Over the past five years, the alliance has adhered to the principles of "equality, openness, and cooperation" and adopted "independent mediation + independent arbitration" as an innovative approach to cross-border commercial dispute resolution. The parties to arbitration and mediation cases have come from more than 100 countries. In 2019, under the guidance of the "Guangdong-Hong Kong-Macao Greater Bay Area Development Plan Outline" issued by the state, the alliance focused on establishing a closer operation mechanism and cooperation methods, and launched the "Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance Dispute Resolution Rules" (hereinafter referred to as the "Alliance Dispute Resolution Rules"), further exploring on the basis of integrating the laws and dispute resolution resources of Guangdong, Hong Kong and Macao, and mainly innovating in the following three aspects.

 

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1. Integrate arbitration and mediation resources in the Guangdong-Hong Kong-Macao Greater Bay Area and establish an open and cooperative dispute resolution mechanism.

According to the alliance’s dispute resolution rules, the alliance has three mechanisms for accepting mediation cases: one is that the alliance itself can directly accept mediation cases and enter the mediation process in accordance with the alliance’s dispute resolution rules (article 2, paragraph 1); Mediation cases accepted by the alliance (Article 2, paragraph 2); the third is the case acceptance and distribution function within the alliance. The alliance can allocate mediation cases accepted by each member institution to the most suitable member institution for mediation according to the advantages and characteristics of each member institution (Article 14 Paragraph 1). Through the above-mentioned mechanism and arrangement, the members of the alliance can establish substantive close cooperation in case acceptance and handling, take advantage of the alliance's platform advantages, integrate the legal resources of Guangdong, Hong Kong and Macao, and effectively meet the practical needs of cross-border dispute resolution.

 

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2. Establish a “mediation + arbitration” closely-connected system in the Guangdong-Hong Kong-Macao Greater Bay Area, and endow the mediation agreement with global enforcement power.

Article 12 of the Alliance’s Dispute Resolution Rules stipulates that if the parties reach a mediation agreement, the parties can apply to the Shenzhen Court of International Arbitration or other arbitration institutions among the Alliance members to issue an arbitration mediation agreement based on the content of the mediation agreement in accordance with the arbitration clause in the mediation agreement. Or arbitration award. In addition to the conventional mediation procedures, this regulation establishes a system of "combination of mediation and arbitration" in combination with practical experience, adapts to the diverse needs of market entities for dispute resolution procedures, enhances the flexibility of dispute resolution procedures, and grants mediation agreements. Global enforcement power.

 

3. Establish a roster of joint mediators to realize the interconnection of legal and dispute resolution expert resources in the Guangdong-Hong Kong-Macao Greater Bay Area.

Article 4 of the Alliance’s Dispute Resolution Rules stipulates that the Alliance shall establish a roster of mediators. In addition, Article 6 of the Alliance’s Dispute Resolution Rules also stipulates that the parties may jointly select a mediator from the list of mediators of the member institutions of the Alliance or outside the aforementioned list. Under the guidance of the above clauses, on the one hand, dispute resolution professionals in the three places can communicate and collaborate through the alliance platform, share interregional legal resources, give full play to their own characteristics and advantages, expand their business scope, and achieve win-win cooperation. On the other hand, the parties can use the alliance platform to break through geographical limitations and choose the professionals they think are most suitable to resolve disputes, enjoy the most convenient, efficient and professional services, so that every dispute can be resolved satisfactorily.

The dispute resolution rules of the alliance were reviewed and approved by the first chairman of the third meeting of the alliance, and will be promulgated and implemented on February 21, 2019. In addition to the above highlights, the alliance’s dispute resolution rules also stipulate the purpose of the alliance, mediation principles, mediation applications and acceptance, mediation methods, and termination of mediation procedures. The system covers the complete mediation process and in terms of content. Strengthen pragmatism and rationality, highlighting the advantages and characteristics of the exchange and cooperation of arbitration and mediation institutions in Guangdong, Hong Kong and Macao, and the joint sharing of dispute resolution resources required by the "Outline of Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area", which is conducive to the realization of a dispute resolution mechanism in Guangdong, Hong Kong and Macao. The co-construction, sharing and symbiosis provide the most suitable dispute resolution platform for the parties’ cross-border disputes, provide high-quality, efficient and convenient dispute resolution services and guarantees for the construction of the Guangdong-Hong Kong-Macao Greater Bay Area, and help build a greater Guangdong-Hong Kong-Macao Greater Bay Area. A sound business environment under the rule of law.

 

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Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance Dispute Resolution Rules

 

Article 1 Purpose

In order to further integrate the Guangdong-Hong Kong-Macao Greater Bay Area arbitration and mediation resources, strengthen business exchanges and cooperation between arbitration and mediation institutions in the Guangdong-Hong Kong-Macao Greater Bay Area, improve the service level and overall status of commercial dispute resolution in the Guangdong-Hong Kong-Macao Greater Bay Area, and provide parties with professionalism, convenience, Efficient and harmonious arbitration and mediation services help promote the implementation of the national strategy in the Guangdong-Hong Kong-Macao Greater Bay Area, and formulate these rules.

Article 2 The scope and rules of mediation apply

Civil and commercial disputes between civil and commercial entities in the Guangdong-Hong Kong-Macao Greater Bay Area, between civil and commercial entities in the Guangdong-Hong Kong-Macao Greater Bay Area and other civil and commercial entities, and between other civil and commercial entities, can be submitted to the Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance (hereinafter referred to as "Alliance") to mediate.

Disputes requested by the parties for mediation by a member institution of the alliance (hereinafter referred to as the "member institution") may be submitted to the alliance for mediation by the member institution with the consent of the parties.

Where all parties agree to submit a dispute to the alliance for mediation, or a member institution requests the alliance for mediation, it shall be deemed to have agreed to mediation in accordance with these mediation rules. If the parties have agreed otherwise and the alliance agrees, the agreement shall prevail.

Article 3 Principles of Mediation

Mediation should follow the principle of voluntariness of the parties, and in accordance with relevant laws and regulations, with reference to international practices, to encourage the parties to understand each other and reach a settlement.

Article 4 List of Alliance Mediators

Establish a roster of coalition mediators. The list of registered mediators shall be recommended by each member institution, and shall be announced by the secretariat of the alliance after approval by the meeting of the chairman of the alliance.

Member institutions may use the alliance mediator roster as part of their respective mediator roster for the parties to select mediators.

Article 5 Mediation application and acceptance

Any one party, two parties, or multiple parties can directly apply to the alliance for mediation, or apply to the alliance for mediation through member institutions.

If the parties directly apply to the alliance for mediation, they shall submit an application for mediation to the secretariat of the alliance. The mediation application should include the names of the parties to the dispute, a brief introduction of the facts in the dispute, and the effective contact information of the parties to the dispute or their agents. If the parties entrust an agent to participate in the mediation, a power of attorney shall be submitted.

If a member institution requests the alliance for mediation, the member institution shall submit the mediation application and related materials of the parties to the alliance secretariat.

After receiving the mediation application, the Alliance Secretariat shall notify the other parties in a timely manner; the other parties shall confirm in writing whether they agree to participate in the mediation within 5 days from the date of receipt of the notification; if they fail to confirm within the time limit, they shall be deemed to have rejected the mediation.

After the parties confirm their agreement to participate in the mediation, the mediation process begins. The Alliance Secretariat shall promptly send mediation notices, mediation rules and mediator roster to all parties.

Article 6 Determination of the mediator

Mediation cases shall be mediated by a single mediator, unless otherwise agreed by the parties or otherwise decided by the alliance.

The parties may jointly select a mediator from the list of mediators of the alliance, or jointly select a mediator from the list of mediators of each member institution or outside the above-mentioned list. If a mediator is jointly selected from the list of consortium mediators, it must be confirmed by the consortium.

The parties shall jointly select a mediator within 5 days from the date of receipt of the mediation notice. If the joint selection fails within the time limit, it shall be designated by the alliance.

Article 7 Mediation methods

The mediator may mediate the dispute in a manner that it believes is beneficial to the parties to reach a settlement. This method includes but is not limited to:

(1) After the start of the mediation procedure, the mediator may meet the parties and their agents individually or at the same time to conduct mediation;

(2) During the mediation process, the mediator may request the parties to submit written or oral suggestions or plans;

(3) In the process of mediation, the mediator may make suggestions to the parties to resolve disputes based on the information they have known and the principle of fairness and reasonableness.

Article 8 Confidentiality

Unless the parties agree otherwise, the mediation shall be conducted in private.

The information that the mediator learns from one party may or may not be disclosed to the other party; if the information provided by one party to the mediator requires confidentiality, the mediator shall keep it confidential.

The mediator, the parties and their agents, and other persons involved in the mediation process are obliged to keep confidential the mediation matters, unless otherwise agreed by the parties or otherwise provided by laws and regulations.
 
Article 9 Place of Mediation

The mediation will be conducted at the seat of the secretariat of the alliance or the seat of the member institution designated by the alliance. If the parties agree otherwise, it can also be carried out in other locations with the consent of the alliance, or the alliance’s suggestion and the unanimous consent of the parties. The expenses incurred thereby shall be borne by the parties.

Article 10 Termination of mediation procedures

The mediation procedure is terminated in one of the following situations:

(1) Reaching a mediation agreement between the parties;

(2) The mediator decides that the mediation has no chance of success and decides to terminate the mediation;

(3) Either party informs the alliance to terminate the mediation procedure;

(4) Other situations where the alliance believes that the mediation procedure needs to be terminated.

For disputes that a member institution submits to the alliance for mediation, after the mediation procedure is terminated, the secretariat of the alliance shall inform the member institution of the relevant situation.

Article 11 Mediation Agreement

If a mediation agreement is reached through mediation, the parties shall sign or seal the mediation agreement.

Article 12 Combination of mediation and arbitration

If the parties reach a mediation agreement, the parties may apply to the Shenzhen Court of International Arbitration or other arbitration institutions in the member institutions to issue an arbitration mediation agreement or arbitration award based on the content of the mediation agreement in accordance with the arbitration clause in the mediation agreement.

If the mediation is unsuccessful, any party has the right to apply to the agreed arbitration institution for arbitration based on the arbitration agreement reached by the parties themselves or the arbitration agreement reached during the mediation process; The competent court filed a lawsuit.

Article 13 Fees

The alliance charges appropriate fees for mediation. The fee standard shall be separately formulated and announced by the alliance.

Those who meet the requirements of the alliance may reduce or not charge fees.

Article 14 Submission to member institutions for mediation

After the alliance accepts the mediation application, with the consent of the parties, the dispute can be handed over to the member institution for mediation based on the characteristics and advantages of the relevant member institution.

When a member institution conducts the mediation in the preceding paragraph, the mediation rules of the member institution shall apply; with the consent of the parties, these mediation rules may also be applied.

After the termination of the mediation procedure, the member institution shall inform the Union Secretariat of the relevant situation.

Article 15 Other regulations

The mediator shall not act as an arbitrator, agent or witness of one party in an arbitration or litigation procedure concerning the same or related disputes, unless the parties agree in writing.

The mediation rules are interpreted by the alliance.

These mediation rules were adopted by the meeting of the chairman of the alliance and will be implemented on February 21, 2019.

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"Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance Dispute Resolution Rules" and its interpretation

"Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance Dispute Resolution Rules" and its interpretation

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