商事调解
Search documents
专访深圳河套国际商事调解中心理事长朱虹:为企业解纷做减法
Sou Hu Cai Jing· 2025-11-03 11:49
编者按:近日,广东省委办公厅、省政府办公厅发布《关于对推进粤港澳大湾区建设表现突出集体和个人给予表扬的通报》,对在推进粤港澳大湾区建设工 作中表现突出的100个集体和100名个人给予通报表扬。为充分发挥典型模范示范引领作用,激励广大干部群众积极投身大湾区建设,南方都市报即日起推 出"推动广东高质量发展先进典型"系列报道,挖掘展现湾区建设表现突出集体和个人的事迹风采。 她期待,调解中心未来能立足深港,辐射粤港澳大湾区,面向世界,构建专业化、市场化、国际化的综合法律服务平台。"让我们的中心既走出去,又能吸 引外国法律机构进驻"。 朱虹。 谈调解:需了解双方的底层需求 "很激动,也很荣幸,感到很自豪!"10月28日,华商希仕廷(福田)联营律师事务所主任、华商律师事务所高级合伙人朱虹提及被通报表扬一事难掩兴奋。 她留着利落的短发,身着杏色西装套装,干练优雅。身兼数职的她有一连串头衔——河套国际商事调解中心理事长、华商希仕廷(福田)联营律师事务所主 任、广东华商律师事务所高级合伙人,同时兼任深圳市法学会理事、福田区工商联常委、粤港澳大湾区调解员。 获得殊荣实属朱虹的意料之外。她认为,虽然获表扬的是她个人,但荣誉背后凝聚 ...
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].
深圳罗湖:开展商事调解主题培训,以法治之力优化营商环境
Sou Hu Cai Jing· 2025-10-21 12:52
Core Viewpoint - The training session held on October 17 aims to deepen the reform of the commercial mediation system in Shenzhen's Luohu District, promoting the standardized construction of mediation organizations to help local enterprises efficiently resolve disputes and create a market-oriented, law-based business environment [1]. Group 1: Training Focus - The training focused on the standardized development needs of commercial mediation, covering three main modules: the definition and development of commercial mediation, the current status of commercial mediation in Luohu District, and mainstream development trends in commercial mediation [3]. Group 2: Legal Framework and Advantages - The speaker elaborated on the core points of commercial mediation, including legal definitions, applicable scope, organizational establishment conditions, and procedures, clarifying the differences between commercial mediation and people's mediation [5]. - Through case analysis, the unique advantages of commercial mediation were highlighted, such as flexibility, efficiency, confidentiality, cost reduction, and the restoration of business relationships, positioning commercial mediation as one of the "three pillars" of commercial dispute resolution alongside litigation and arbitration [5]. Group 3: Current Status and Challenges - As of now, Luohu District has established 19 commercial mediation organizations with 584 mediators, and the number of cases accepted has significantly increased in the first three quarters of 2025, showcasing several mediation institutions with professional characteristics in finance and intellectual property [5]. - Challenges identified include the need to enhance the marketization of case sources, strengthen industry self-discipline mechanisms, and build a professional talent pool [5]. Group 4: Complaint Analysis and Education - The "Complaint Case Analysis and Warning Education" segment provided insights into recent typical complaint cases in commercial mediation, addressing issues such as non-standard procedures and insufficient neutrality, serving as a warning for mediation organizations [6]. Group 5: Interactive Discussion and Future Directions - The interactive session allowed participants to discuss practical issues in standardized construction, focusing on adapting to future regulatory requirements, improving internal management systems, and enhancing service quality [10]. - The training outlined a path for the advancement of commercial mediation towards intelligence, legality, branding, and standardization, including exploring AI-enabled mediation, creating specialized service brands, applying a series of group standards, and strengthening full-process supervision [10].
《长三角区域商事调解示范规则》正式发布
Guo Ji Jin Rong Bao· 2025-10-20 11:57
Core Viewpoint - The introduction of the "Demonstration Rules for Commercial Mediation in the Yangtze River Delta" aims to enhance the professionalism and standardization of commercial mediation in the region, aligning with international practices and improving the business environment [1][2] Group 1: Professionalism and Guidance - The "Demonstration Rules" provide a high-quality unified text for commercial mediation organizations in the Yangtze River Delta, enhancing the professionalism of mediation processes [1] - The rules cover all aspects of mediation management, including procedures, agreements, and fees, offering clear and practical guidance for organizations to develop or refine their own mediation rules [1] Group 2: Fairness and Neutrality - The rules emphasize principles of voluntariness, fairness, integrity, and confidentiality, establishing a comprehensive set of procedural rules to ensure that all parties involved have clear guidelines to follow [1] - This structure highlights the neutrality of commercial mediation, ensuring that organizations, mediators, and disputing parties have legal frameworks to rely on [1] Group 3: International Standards and Competitiveness - The "Demonstration Rules" are designed to align with international standards, referencing the World Bank's business environment assessment and the UNCITRAL Model Law on International Commercial Mediation [1] - This alignment aims to position the Yangtze River Delta as a leading region in commercial mediation within China and enhance its competitiveness on a global scale [1][2]
专业调解员已达2717名!深圳商事调解体系全面升级
Sou Hu Cai Jing· 2025-07-15 18:16
Group 1 - Shenzhen has established a high-efficiency and diversified commercial dispute resolution system through institutional innovation, professional empowerment, and Bay Area collaboration, with 46 commercial mediation organizations and 2,717 professional mediators by Q2 2025 [1] - The introduction of the "Shenzhen Special Economic Zone Multi-Channel Dispute Resolution Regulations" in 2022 marked the first local legislation in China to regulate commercial mediation organizations, paving the way for industry development [3] - Shenzhen is developing 11 standard documents to create a comprehensive standard system for commercial mediation, including "institution access-process supervision-quality assessment" [3] Group 2 - The Shenzhen Commercial Mediation Association has released the "Commercial Mediator Qualification Assessment Rules (Trial)" and developed the first "theory + practice + ethics" training course for mediators in China [4] - Collaborative efforts between the Shenzhen Judicial Bureau and various financial and regulatory bodies aim to promote a "mediation first" approach in resolving financial disputes, establishing integrated dispute resolution centers [4] - Since 2022, Shenzhen has handled 1,380 foreign-related cases involving approximately 3.12 billion yuan, expanding the new landscape for foreign-related dispute resolution [5]
粤港澳大湾区调解员达146人!推动多元化解涉外商事纠纷等
Nan Fang Du Shi Bao· 2025-07-14 09:22
Core Insights - Guangdong Province is enhancing its commercial mediation framework, with a total of 6,797 commercial mediators, including 1,319 full-time mediators, representing 19.4% of the total [1] - The province is actively promoting a diversified dispute resolution mechanism, linking with Hong Kong to establish an international legal service center and commercial dispute resolution center [2] - The establishment of the Guangdong-Hong Kong-Macao Greater Bay Area Mediation Work Committee aims to standardize mediation practices across the three regions [3] Group 1 - Guangdong Province has 6,797 commercial mediators, with over 700 being foreign-related mediators [1] - The province is developing a one-stop platform for civil and commercial dispute resolution, integrating litigation, arbitration, and mediation [2] - A total of 107 commercial mediation organizations are registered as non-enterprise entities in Guangdong [2] Group 2 - The Guangdong-Hong Kong-Macao Greater Bay Area Mediation Work Committee has been formed to coordinate mediation efforts [3] - A set of cross-border dispute mediation guidelines has been published for reference by mediation organizations in the Greater Bay Area [3] - The first batch of 146 mediators has been listed in the Greater Bay Area Mediation Roster [3]
东方国际商事调解研讨会成功举办,“001号”商事调解组织战略发展再上台阶
Sou Hu Cai Jing· 2025-06-15 07:39
Group 1 - The Shanghai Oriental International Commercial Mediation Institute and the Shanghai Law Society Litigation Law Research Association co-hosted a seminar focused on promoting international cooperation in commercial mediation and supporting the sustainable development of the multilateral trade system [1] - The seminar aimed to enhance the global attractiveness of Chinese commercial mediation and to discuss strategies for achieving a harmonious new landscape in global commercial affairs [1] Group 2 - The Oriental Mediation Institute appointed key figures to its Strategic Advisory Committee and Professional Working Committee, which will provide decision-making support and specialized assistance in areas such as intellectual property, cross-border investment, and financial securities [3] - The establishment of these committees is intended to facilitate the professional development of the Oriental Mediation Institute and to support the resolution of complex cases [3] Group 3 - The Oriental Mediation Institute signed strategic cooperation agreements with various organizations, including the Shanghai Arbitration Commission and the Shanghai Bar Association, to enhance mediation efficiency and attract skilled professionals [4][5] - These agreements aim to streamline the mediation process, improve evidence collection, and promote the "mediation first" approach in intellectual property disputes [4][5] - The collaboration with the China-Germany Chamber of Commerce will focus on providing quality mediation services for cross-border disputes between Chinese and German enterprises, enhancing the credibility of Chinese commercial mediation abroad [5] Group 4 - The Oriental Mediation Institute aims to optimize its operations and enhance its professional capabilities to compete in both domestic and international markets, positioning itself as a leading provider of commercial mediation services in the Asia-Pacific region and beyond [5]
发挥商事争端多元解纷优势 长三角庭外重组中心在上海成立
Zhong Guo Jing Ji Wang· 2025-05-27 06:45
Core Viewpoint - The establishment of the Yangtze River Delta Out-of-Court Restructuring Center aims to enhance the business environment in Shanghai by providing a one-stop professional service for companies facing debt or financial difficulties, thereby promoting market-oriented, legal, and international business practices [1][2]. Group 1: Establishment and Objectives - The Yangtze River Delta Out-of-Court Restructuring Center was launched to respond to the Shanghai Municipal Government's initiative to improve the business environment [1]. - The center focuses on creating a market-oriented, legal, and international business environment, helping distressed but viable companies to recover [1][3]. Group 2: Services and Technology Integration - The center offers a comprehensive range of services, including a roster of mediators and restructuring consultants, expert consultation, and a database of professional service institutions [1][2]. - A strategic partnership with Alibaba Assets and Lvxin Media has led to the creation of an online platform that utilizes blockchain, smart contracts, and big data for debt information matching and restructuring negotiations [2]. Group 3: Ecosystem and Expert Involvement - The event saw the introduction of an expert consultation database, a professional service institution database, and an investor database, involving top experts, leading law firms, and major investment institutions [2][3]. - The center aims to build a three-in-one ecosystem of "think tank support - professional services - capital protection" to enhance the efficiency of business dispute resolution [2]. Group 4: Future Directions - The forum emphasized innovation in mechanisms, technological empowerment, and ecosystem aggregation, marking a new phase in the collaborative development of commercial dispute resolution in the Yangtze River Delta [3]. - The center will continue to explore market-oriented, legal, and international paths for commercial dispute resolution, contributing to the dual circulation development pattern [3].