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guangzhou international commercial mediation center

mediation rules (trial)

chapter i  general provisions

　　article 1 guangzhou international trade and commercial mediation center (gicmc) is a non-profit social organization carrying out commercial mediation services. these rules are formulated in order to make the mediation activities neutral, standardized, fair and efficient, help the parties to solve commercial disputes, and maintain a harmonious and stable commercial order.

　　article 2 guangzhou international trade and commercial mediation center (gicmc) accepts disputes in the fields of trade, investment, merger and acquisition, finance, securities, insurance, intellectual property, information technology, real estate, construction projects, urban renewal and other commercial and maritime disputes between both chinese and foreign parties.

　　gicmc may accept commercial dispute cases assigned by the people’s court, the arbitration commission or other dispute resolution agencies.

　　article 3 mediation shall be conducted on the basis of full respect of the voluntary agreement of the parties and in accordance with the principles of neutrality, legality, fairness, confidentiality and efficiency, so as to facilitate mutual understanding and accommodation between the parties and reach a settlement.

　　article 4 with the consent of the parties, gicmc may conduct joint mediation with other dispute resolution institutions.

　　article 5 the parties who agree to submit the dispute to gicmc for mediation shall be deemed to agree to conduct the mediation in accordance with the mediation rules of gicmc.

　　for matters not stipulated in these rules shall be agreed by the parties or negotiated by gicmc and the parties.

　　gicmc accepts commercial dispute cases appointed or entrusted by the people's court, arbitration commission or other dispute resolution institutions. if there are special rules and procedures, such provisions shall prevail.

chapter ii  mediation procedure

section 1  registration and acceptance of cases

　　article 6 the parties may request for mediation to gicmc in accordance with the mediation provisions concluded before rise of disputes or the mediation agreement reached after rise of disputes.

　　if there is no agreement between the parties before rise of disputes or after, and if one party request for mediation, gicmc may accept the case upon consent of the other party.

　　article 7 when request for mediation to gicmc, the parties shall submit the following materials:

　　i. request for mediation, including:

　　1. the name, domicile, telephone number, fax, e-mail and other contact information of the parties to the dispute;

　　2. express the intention of mediate;

　　3. basic facts in dispute.

　　ii. other relevant documents and exhibits; the parties may declare that such documents and exhibits are for the mediator’s review only;

　　iii. the certification documents of the parties;

　　iv. if an agent is appointed to participate in the mediation, a written power of attorney shall be submitted.

　　article 8 if gicmc receives the application materials, it shall register the mediation case, collect the case registration fee, and promptly deliver the notification of acceptance and the application materials to the respondent. the respondent shall, within ten working days from the date of receipt of the materials, reply to gicmc with its consent of mediation. failure to reply within the time limit shall be deemed as refusal of mediation.

　　if the respondent agrees to mediation, gicmc shall issue a decision on acceptance and promptly serve it to the claimant and the respondent.

　　article 9 gicmc shall not accept the case in any of the following circumstances:

　　(1) the dispute does not fall within the scope of acceptance as stipulated in article 2 of these rules;

　　(2) cases in which the respondent fails to reply with its consent of mediation within the prescribed time limit or explicitly refuses to mediate;

　　(3) cases that gicmc considers not to accept.

　　if the respondent replies with the consent of mediation after the expiration of the prescribed time limit, gicmc shall decide whether to accept the case.

　　gicmc shall make a written decision on rejection and promptly serve it to the mediation claimant and respondent.

section 2  select or designate a mediator

　　article 10 unless otherwise agreed by the parties, a mediator shall be selected or appointed as the sole mediator in each case.

　　in case of major, difficult or complex cases, more than one mediator may be selected or appointed to participate by the parties or by gicmc with the consent of the parties. gicmc shall appoint one mediator as the chief mediator.

　　the selection or appointment of mediators shall be selected from the mediators with professional qualifications, professional expertise, mediation experience, working language and other conditions and abilities required for cases.

　　article 11 the parties shall jointly select the mediator from the list of mediators of gicmc.

　　if the parties fail to reach an agreement on the selection of the mediator, the two parties shall independently select at least two or more candidates from the list of mediators, and gicmc shall determine one or more candidates selected by both parties in the list as the mediator of the case.

　　if there is no overlap of the candidates selected by the parties or the number of candidates is insufficient, gicmc shall appoint one or more mediators as the mediators of the case.

　　the parties may also jointly entrust gicmc to designate the mediator of the case.

　　article 12 the parties may jointly select professionals other than the mediator list to serve as temporary mediators in the case when necessary.

　　the temporary mediator candidate shall be approved by gicmc.

　　the temporary mediator has the same rights and obligations as a registered mediator.

　　article 13 the mediator who has been selected by the parties or appointed by gicmc shall disclose any fact that may affect the independence and impartiality of mediation.

　　if the mediator is unable to perform his or her duties under the circumstances prescribed above, he or she shall promptly inform gicmc to re-arrange selection or appointment of mediator.

　　article 14 the selected or appointed mediator under any of the following circumstances shall voluntarily withdraw, and the party may also apply for withdrawal:

　　(1) being the parties or the close relatives of the parties or agents of the case;

　　(2) having an interest in the case;

　　(3) having other relations with the parties of the case, which may affect the independence and impartiality of mediation.

　　the withdrawal of the mediator shall be considered and decided by gicmc. if decision of withdrawal is made, gicmc shall re-arrange selection or appointment of mediator.

　　if the withdrawal of the mediator occurs after the commencement of the mediation procedure, the validity of the existing procedure shall be decided by the new mediator.

　　article 15 where gicmc and other dispute resolution institutions jointly mediate the cases, the participating mediators shall be appointed by gicmc.

section iii  mediation procedure

　　article 16 unless otherwise agreed by the parties, the mediation shall be confidential, and the mediation process shall not be recorded.

　　the mediators, the parties and their agents, witnesses, experts, expert witnesses, the staff of gicmc and other personnel involved in the mediation process shall have the obligation to keep confidential all matters of the mediation and shall not make audio or video recording in any form.

　　the mediator may inform the other party of the relevant information stated by one party in the absence of the other party, so that the other party can make a corresponding explanation, except where the party making the statement expressly opposes or requests the mediator to keep it confidential.

　　article 17 mediation meetings shall be arranged at the place where gicmc is located.

　　if the parties agree otherwise, or with the consent of the parties, the mediation meeting may be held at the place provided by the parties or in a place other than gicmc.

　　the mediation meeting may be held at the request of the parties or with the consent of the parties by telephone conference or online video conference.

　　article 18 the mediator shall treat the parties fairly and impartially and facilitate the parties to reach a settlement agreement.

　　the mediator may conduct the mediation in a manner he or she considers appropriate, taking fully into account the merits of the case, the wishes of the parties and the need for a speedy resolution of the dispute, including but not limited to:

　　(1) meeting with the parties and their agents separately or at the same time for mediation;

　　(2) requiring the party to submit supplementary materials and written opinions;

　　(3) requiring the parties to submit a written or oral plan for resolving the dispute;

　　(4) after obtaining the consent of the parties, employing relevant experts to provide consultation or appraisal opinions on technical issues;

　　(5) putting forward suggestions and opinions on dispute settlement.

　　article 19 at any stage of the mediation process, the parties may reach a settlement agreement or reach a mediation agreement under the direction of the mediator.

　　the mediation agreement shall include, not be limited to:

　　(1) the names and addresses of the parties;

　　(2) mediation matters;

　　(3) the agreement reached by the parties;

　　(4) the time and place for the signing of the mediation agreement.

　　after the parties and the mediators sign or seal the mediation agreement, gicmc shall officially seal the agreement. the mediation agreement is binding on all parties and shall be honored and executed in good faith.

　　if the parties reach a settlement on part of the disputes, they may sign a mediation agreement on the part they have settled.

　　article 20 a mediator shall start the mediation work within 10 days from the date of accepting the selection or appointment, except where there are special provisions.

　　the mediator shall complete the mediation within 60 days from the date of accepting the selection or appointment, except where the parties agree otherwise on the period for mediation.

　　if no mediation agreement has been reached at the expiration of the mediation period, the mediation period may be extended appropriately at the request of the parties concerned and with the consent of the mediator, and the expenses incurred thereof shall be borne by the parties.

　　article 21 the mediation procedure shall terminate under any of the following circumstances:

　　(1) the parties reach a settlement agreement on their own or reach a mediation agreement under the direction of the mediator;

　　(2) during the term of mediation,the mediator considers that the mediation is no longer likely to succeed and terminates with the consent of both parties;

　　(3) the mediation procedure is terminated by a written notice from either party;

　　(4) other circumstances that lead to the termination of the mediation procedure.

　　after the termination of the mediation procedure, gicmc shall issue the termination decision and serve it to the parties. if the party wishes to re-mediate, they shall submit a written application to gicmc within 7 days from the date of service of the termination decision; gicmc shall make a desicion whether to re-mediate.

chapter iii  effectiveness of mediation

　　article 22 mediation agreement reached by the parties through mediation shall be legally binding as a civil contract, and the parties shall consciously perform the agreed obligations in accordance with the agreement.

　　article 23 the mediation agreement facilitated by gicmc shall have the enforcement effect after the parties take the following measures:

　　(1) to apply to the people’s court with jurisdiction to grant judicial confirmation of the mediation agreement;

　　(2) to apply to the notary public notarization to issue credit documents with compulsory enforcement effect for mediation agreement with payment obligations;

　　(3) the parties may agree on arbitration clauses in the mediation agreement and select a specific arbitration commission to award with the confirmation of the validity of the mediation agreement.

chapter iv  mediation fees

　　article 24 the party shall pay the case registration fee and the mediation fee to gicmc. the measures on mediation fees shall be formulated by gicmc, which shall be regarded as an integral part of these rules.

　　article 25 the parties shall pay the case registration fee to gicmc.

　　if the case mediation is successful, the parties shall pay the case mediation fee. the case mediation fee shall be calculated and collected according to the proportion of the amount in controversy or charged at a hourly rate. the mediation fee of the case shall be borne by the parties equally, unless otherwise agreed by the parties.

　　article 26 in the process of mediation, at the request of one party or mutual consent of the parties, witnesses, experts, translators and appraisers may be appointed. the expenses incurred thereby and the travel expenses of the mediator requiring field investigation for the case shall be borne by the claimant or by the parties upon mutual consent.

chapter v supplementary provisions

　　article 27 neither party shall, in arbitration, litigation or other proceedings in respect of the same or related dispute after the conclusion of the mediation proceedings, invoke as the basis for its appeal or defence any statement, opinion, perspective, plan or proposal made, recommended, acknowledged and accepted by the mediator or the parties in the course of the mediation for the purpose of reaching a settlement.

　　article 28 unless otherwise agreed by the parties, a mediator shall not act as an arbitrator or an agent of a party in arbitration, litigation or other proceedings in respect of the same dispute after the conclusion of the mediation proceedings. neither party may require the mediator to testify in those proceedings.

　　article 29 these rules shall be formulated, modified and interpreted by the council of gicmc.

　　article 30 these rules shall be implemented as of the date of promulgation.

measures on mediation fees of guangzhou international 

commercial mediation center (trial)

　　article 1 these measures are formulated according to the mediation rules of guangzhou international commercial mediation center (gicmc) for the purpose of standardizing the collection of mediation fees by gicmc.

　　article 2 these measures are applicable to the mediation cases of guangzhou international commercial mediation center (gicmc).

　　article 3 case registration fee

　　the parties who submit application for mediation to gicmc shall pay the case registration fee. if the respondent agrees to submit the dispute to the gicmc, gicmc shall issue an acceptance decision and serve it on the parties. the respondent shall pay the case registration fee within 5 working days after receiving the acceptance decision or the notice of gicmc. the case registration fee shall be charged at rmb 300 yuan for each party and shall be borne by the parties themselves. if the parties agree otherwise on the cost, they shall pay the fee according to their agreement. if a party withdraws its request for mediation after payment of case registration fee, the fee shall not be returned.

　　article 4 case mediation fee

　　the parties shall pay the mediation fee to gicmc upon success of mediation.

　　mediation fee may be calculated in two ways: the parties may choose to pay the mediation fees based on a certain percentage of for the amount in controversy, or to pay based on a hourly charging rate.

　　mediation fees shall be billed and paid in renminbi (cny). the parties may pay foreign currencies upon the consent of gicmc. gicmc shall issue a formal invoice to the parties upon receipt and clearance of the mediation fees.

　　article 5 if the parties choose to pay the mediation fees based on a certain percentage of the amount in controversy, gicmc shall charge an accumulative mediation fee according to the standards as follows:

　　(1) if it does not exceed 100,000 yuan, 1,500 yuan per case;

　　(2) for the amount between 100,000 yuan and 200,000 yuan (including 200,000 yuan), fees shall be paid at 1%;

　　(3) for the amount between 200,000 yuan and 500,000 yuan (including 500,000 yuan), fees shall be paid at 0.75%;

　　(4) the part between 500,000 yuan and 1 million yuan (including 1 million yuan), fees shall be paid at 0.5%;

　　(5) the part between 1 million yuan and 2 million yuan (including 2 million yuan) shall be paid at 0.45%;

　　(6) for the amount between 2 million yuan and 5 million yuan (including 5 million yuan), fees shall be paid at 0.4%;

　　(7) for the amount between 5 million yuan and 10 million yuan (including 10 million yuan), fees shall be paid at 0.35%;

　　(8) for the amount between 10 million yuan and 20 million yuan (including 20 million yuan), fees shall be paid at 0.3%;

　　(9) for the amount of more than 20 million yuan, fees shall be paid at 0.25%.

　　the amount in controversy shall be the total amount of the subject matter specifically involved in the dispute. if the mount in controversy is difficult to calculate, the hourly billing standard shall apply.

　　article 6 if the parties choose to pay the mediation fee at an hourly rate, and the amount in controversy does not involve property or the amount is difficult to calculate, gicmc shall charge the mediation fee according to the following standards:

　　(1) if it does not exceed 500,000 yuan, the cost shall be charged at 1,000 yuan/hour;

　　(2) 500,000 yuan to 1 million yuan (including 1 million yuan), the cost shall be charged at 2000 yuan/hour;

　　(3) more than 1 million yuan, the cost shall be charged at 3,000 yuan/hour charge;

　　(4) if there is no amount in controversy or it is difficult to calculate, the cost shall be charged at 2,000 yuan/hour.

　　only the effective time for gicmc to carry out mediation work is recorded in the hourly billing, including: mediator document review, online or offline mediation meetings, and field visits required for mediation.

　　article 7 other expenses

　　if the mediator deems it necessary for field inspection and investigation, upon mutual agreement of the parties, the expenses such as accommodation and transportation costs of the mediator shall be borne by the parties according to the standards agreed upon by the parties and confirmed by gicmc.

　　the expenses of relevant third parties (for example experts, witnesses, translators, appraisers, etc.) retained in participation of the mediation shall be borne by the parties upon agreement.

　　if the parties cannot make an agreement on the above-mentioned expenses, the expenses shall be borne by the claimant.

　　article 8 gicmc accepts commercial dispute cases appointed or entrusted by the people's court, arbitration commission or other dispute resolution institutions.if there are special provisions on the methods and standards on mediation fees, such provisions shall apply.

　　gicmc may reach an agreement with the commercial subject on providing mediation services for specific types and group cases according to the actual situation, and charge mediation fees according to the agreement.

　　these measures shall be adopted and interpreted by the council of the gicmc, and shall be implemented as of the date of promulgation.

guangzhou international commercial mediation center

request for mediation

click here to  download:request for mediation.docx

　　all documents can be submitted electronically to gicmc@163.com.electronic delivery is accepted for all materials in the mediation procedure.