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Notice of the Supreme People's Court on Inclusion of the First Group of International Commercial Arbitration and Mediation Institutions in the “One-stop” Diversified International Commercial Dispute Resolution Mechanism

From: The Supreme People's Court         Updated: 2018-12-05   

Faban [2018] No.212

The Higher People's Courts of all provinces, autonomous regions and municipalities directly under the Central Government; the Military Court of the People's Liberation Army; the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region, All Organs of the Supreme People’s Court:


To further implement the Opinion Concerning the Establishment of the Belt and Road International Commercial Dispute Resolution Mechanism and Institutions of the General Office of the Communist Party Central Committee and the General Office of the State Council of the People’s Republic of China, to establish an international commercial dispute resolution platform that efficiently integrates litigation, mediation and arbitration, and to form a convenient, expeditious and cost-efficient “one-stop” diversified international commercial dispute resolution mechanism, the International Commercial Court of the Supreme People’s Court (“the International Commercial Court”) supports the parties to settle their international commercial disputes by choosing the approach they consider appropriate through the dispute resolution platform on which mediation, arbitration and litigation are efficiently integrated, according to Provisions of the Supreme People’s Court on Several Issues Regarding the Establishment of the International Commercial Court. 


According to applications made by relevant institutions, and after taking into account the number of international commercial cases accepted, the international influence and the construction of informatization, it is hereby determined that the China International Economic and Trade Arbitration Commission, the Shanghai International Economic and Trade Arbitration Commission, the Shenzhen Court of International Arbitration, the Beijing Arbitration Commission, the China Maritime Arbitration Commission, the Mediation Center of China Council for the Promotion of International Trade and the Shanghai Commercial Mediation Center to be included in the first group of arbitration and mediation institutions in the "one-stop" diversified international commercial dispute resolution mechanism (“the Mechanism”).


In respect of the international commercial cases brought before the China International Commercial Court, the parties may, in accordance with the Provisions of the Supreme People’s Court on Several Issues Regarding the Establishment of the International Commercial Court and the Procedural Rules for the China International Commercial Court (For Trial Implementation ), choose a mediation institution that is included in the Mechanism to conduct mediation by agreement. If the parties reach a meditation agreement after the mediation conducted by the mediation institution, the International Commercial Court may issue a conciliation statement in accordance with the law. If the parties request a judgment, the International Commercial Court may make a judgment based on the mediation agreement and serve it to the parties.


In respect of the international commercial cases accepted by an arbitration institution that is included in the Mechanism, the parties may, in accordance with the Provisions of the Supreme People’s Court on Several Issues Regarding the Establishment of the International Commercial Court and the Procedural Rules for the China International Commercial Court  (For Trial Implementation), either before application for arbitration or after the commencement of the arbitral proceedings, apply to the International Commercial Court for preservation of evidence, assets or acts. After the arbitral award is rendered, an application may be made to the International Commercial Court for setting aside or enforcing the arbitral award.


According to the layout of "Smart Court" scheme, the Supreme People's Court shall continue to strengthen the informatization of the "one-stop" diversified international commercial dispute resolution mechanism, optimize the online functions of the dispute resolution platform, promote the linkage among mediation, arbitration and litigation, and resolve international commercial disputes impartially, efficiently and conveniently.


This Notice is effective as of 5th December 2018. 


The General Office of the Supreme People’s Court

13th November 2018


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最高人民法院办公厅关于确定首批纳入“一站式”国际商事纠纷多元化解决机制的国际商事仲裁及调解机构的通知


 

*The original text is Chinese and has been translated into English for reference only. If there is any inconsistency or ambiguity between the Chinese version and the English version, the Chinese version shall prevail.