Workflow
国际商事调解
icon
Search documents
加强法治合作 共建周边命运共同体
Ren Min Ri Bao· 2025-11-23 22:20
Group 1: Core Themes of the Forum - The forum focused on strengthening legal cooperation between China and ASEAN countries to build a community with a shared future [1][2] - Emphasis was placed on enhancing legal frameworks to support cross-border trade and investment, as well as addressing transnational crime [2][4] Group 2: Legal Framework and Trade Cooperation - The signing of the upgraded version of the China-ASEAN Free Trade Area 3.0 agreement highlights the importance of legal coordination in trade facilitation and customs cooperation [2] - The China-ASEAN Legal Cooperation Initiative aims to maintain a multilateral trade system centered on the World Trade Organization and enhance legal cooperation in areas such as intellectual property protection and consumer rights [2][3] Group 3: Dispute Resolution Mechanisms - The forum discussed the importance of improving cross-border legal dispute resolution mechanisms, with a focus on international commercial arbitration [3] - The establishment of a high-level international commercial arbitration center in Chongqing was highlighted as a significant achievement [3] Group 4: Combating Transnational Crime - The forum addressed the need for collaborative governance to combat cross-border crime, particularly emerging threats like cybercrime [4][5] - Suggestions were made to enhance judicial cooperation and streamline information exchange to improve the effectiveness of cross-border crime fighting [4][5] Group 5: Talent Development and Academic Exchange - The urgency of cultivating legal talent in the context of diverse legal systems in ASEAN countries was emphasized [7][8] - The establishment of the China-ASEAN Law School Alliance aims to foster collaboration in legal education and research, enhancing the quality of legal professionals [8]
驻奥克兰总领馆经商处参访新西兰替代性争议解决中心
Shang Wu Bu Wang Zhan· 2025-11-05 16:47
Core Insights - The visit of Chinese consuls to the ADR Centre in New Zealand highlights the growing importance of alternative dispute resolution mechanisms in international trade between China and New Zealand [1][3]. Group 1: Arbitration Characteristics - Arbitration is characterized by autonomy of will, high confidentiality, professional efficiency, finality of decisions, and cross-border enforceability, making it a widely accepted method for dispute resolution internationally [3]. Group 2: Bilateral Trade Relations - The deepening economic and trade cooperation between China and New Zealand has led to a mutual demand for diversified dispute resolution services among business entities [5]. - The revision of China's Arbitration Law aims to cultivate world-class arbitration institutions and enhance the legal framework for international commercial mediation, arbitration, and litigation during the 14th Five-Year Plan period [5].
解读|全球商事调解“黄金法则” ——《示范法》
Sou Hu Cai Jing· 2025-11-03 05:13
Core Insights - The rise of international commercial mediation as a preferred method for resolving international business disputes is highlighted, emphasizing the importance of learning from international best practices and policies in this field [1][3]. Group 1: Overview of the Model Law - The "Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation" (hereinafter referred to as "Model Law") is recognized as the "gold standard" for global commercial mediation, published by UNCITRAL in 2018 [3]. - The Model Law consists of three main parts: general provisions, international commercial mediation, and international settlement agreements, aiming for uniformity and coordination in regulation and protection [4][5]. Group 2: Key Innovations of the Model Law - The definition of "international" mediation is clarified, establishing criteria such as parties having business locations in different countries or the mediation location being different from the parties' business locations [5]. - The Model Law emphasizes party autonomy in the mediation process, allowing parties to freely agree on the mediation's conduct, including the selection of mediators and the rules governing the mediation [6]. - Confidentiality is a core advantage of mediation, with obligations to keep mediation-related information confidential unless otherwise agreed or required by law [9][10]. - The Model Law introduces a mechanism for the direct enforcement of international settlement agreements, allowing parties to apply for enforcement in the competent court of a country that has adopted the Model Law without needing to initiate a new lawsuit [11][12]. Group 3: Relationship with the Singapore Convention - The Model Law and the Singapore Convention complement each other, with the Model Law providing a framework for domestic legislation and the Convention establishing a direct international mechanism for the enforcement of settlement agreements [14]. Group 4: Implications and Impact - The Model Law serves as a modern legislative template for countries, aiding in the improvement of their Alternative Dispute Resolution (ADR) systems and enhancing the business environment to attract international investment [15]. - It offers businesses a more efficient and cost-effective dispute resolution tool, fostering better commercial relationships and promoting international trade and cooperation [15]. - The Model Law creates new professional opportunities for lawyers and mediators, raising the bar for professional competencies in international rules and techniques [15].
会长话封关:“将海南建设成为国际商事争议解决的‘优选地’”
Zhong Guo Xin Wen Wang· 2025-10-21 08:53
Core Viewpoint - Hainan aims to become a preferred location for international commercial dispute resolution by integrating global mediation resources and creating a market-oriented, rule-of-law, and international business environment [1][4]. Group 1: Event Overview - The 2025 Hainan Free Trade Port Legal Week was held from October 15 to 19, gathering over 700 legal experts and business representatives from 14 countries and regions to discuss new paths for building a rule-of-law free trade port [1][2]. - The event featured a format of "thematic speeches + roundtable discussions," allowing for diverse perspectives and showcasing the global application and impact of international commercial mediation [2]. Group 2: Achievements - Three main achievements were highlighted: 1. Broad participation with various international elements, including experts from Singapore, Hong Kong, and Malaysia [2]. 2. Multiple innovative outcomes, including signing memorandums of cooperation with influential organizations like AIADR and eBRAM to enhance international mediation collaboration [2][3]. 3. Consensus on three key areas: leveraging technology for mediation efficiency, innovating mechanisms for standardized and international processes, and promoting professional development within the mediation industry [3]. Group 3: Future Directions - The Hainan Mediation Association plans to leverage the legal week to enhance service systems and transform achievements into practical applications, including talent development and establishing international recognition standards for mediators [4]. - Emphasis will be placed on building cooperative platforms between Hainan's mediation institutions and international counterparts to share knowledge and contribute to national legislative efforts in commercial mediation [4].
沪港共商亚太调解新路径
Zhong Guo Xin Wen Wang· 2025-09-19 14:23
Core Viewpoint - The seventh Hong Kong-Shanghai Commercial Mediation Forum was held to explore the development paths and cooperation opportunities for commercial mediation in the Asia-Pacific region [1][2] Group 1: Forum Highlights - The forum brought together representatives from the legal, government, academic, and commercial mediation sectors from Hong Kong and Shanghai [1] - The unveiling of the New World International Legal Service Center and the Shanghai Economic and Trade Commercial Mediation Center (Huangpu) marks a significant step in the collaboration between the two regions [1] - 40 enterprise representatives committed to prioritizing mediation for resolving commercial disputes [1] Group 2: Service Development - The New World International Legal Service Center aims to address legal barriers for companies going abroad and enhance international business order through digital technology and flexible dispute resolution [1] - The Shanghai Economic and Trade Commercial Mediation Center (Huangpu) will provide more specialized legal service resources to create a top-tier legal business environment [1] Group 3: Expert Discussions - Experts from China, South Korea, Japan, the UK, and Australia discussed themes such as "Commercial Mediation and Cross-Border Dispute Resolution" and "International Commercial Mediation Brand Building" [1] - The Hong Kong government emphasized its role as an international legal and dispute resolution service center in the Asia-Pacific region under China's 14th Five-Year Plan [1] Group 4: International Mediation Initiatives - The International Mediation Institute will offer neutral and professional mediation services for international commercial disputes, catering to diverse legal cultures [2] - The Supreme People's Court of China will continue to enhance the construction of international commercial courts and promote the integration of mediation with litigation and arbitration [2]
最高法创新举措成功调解巨额跨国纠纷——平等保护助中外企业发展共赢
Jing Ji Ri Bao· 2025-06-23 22:03
Core Points - The Supreme People's Court's International Commercial Court successfully resolved a complex cross-border commercial dispute involving over ten million USD through mediation, highlighting the equal protection of legal rights for both Chinese and foreign parties [1][2] - The case involved a dispute between a Swiss company and a Shenzhen trading company, where the latter failed to notify the former before dissolving, leading to the Swiss company's inability to recover its debt [1][3] - The mediation process was characterized by the court's innovative measures to protect the legal rights of both parties, effectively addressing challenges such as currency fluctuations and complex internal approval processes [2][3] Summary by Sections Case Background - The dispute arose from a sales contract between a Swiss company and a Shenzhen trading company, resulting in an arbitration ruling that required the Shenzhen company to pay over ten million USD [1] - The Shenzhen company's shareholders dissolved the company without notifying the Swiss party, preventing the recovery of the debt [1] Mediation Process - The mediation was facilitated by a five-member panel led by Judge Shen Hongyu, who emphasized the importance of guiding parties to see the potential for mutual benefit [2] - The court utilized pre-trial meetings to identify key issues, laying a solid foundation for efficient mediation [1][2] - The mediation faced challenges due to significant amounts involved and currency market volatility, but the court's proactive approach helped stabilize the agreement [2] Judicial Integration - The case exemplified the integration of international commercial rules with Chinese judicial wisdom, effectively resolving the execution issues of international arbitration awards [3] - The Supreme People's Court has established a "one-stop" mechanism for resolving international commercial disputes, incorporating multiple arbitration and mediation institutions [3][4] Performance Metrics - As of June 19, 2025, the International Commercial Court had accepted 42 international commercial cases, with 36 concluded, involving parties from 21 countries and regions [4] - Among the concluded cases, 7 were resolved through mediation or withdrawal, accounting for 19.4% of the total, with mediation amounts exceeding 1.5 billion CNY [4]