Fa[2023]No.247

For the convenience of parties in utilizing the  "One-Stop" Diversified International Commercial Dispute Resolution Platform established by the Supreme People’s Court to resolve international commercial disputes in a fair, efficient and convenient manner, these Guidelines are formulated in accordance with the Civil Procedure Law of the People's Republic of China, the Provisions of the Supreme People's Court on Several Issues Regarding the Establishment of the International Commercial Court, and other relevant provisions of laws and judicial interpretations.

Article 1 The "One-Stop" Diversified International Commercial Dispute Resolution Platform (hereinafter referred to as the "One-Stop" platform) refers to the full-process online service platform established by the China International Commercial Court (hereinafter referred to as the “CICC”) of the Supreme People's Court of China on its official website (https://cicc.court.gov.cn), which connects with international commercial mediation institutions, international commercial arbitration institutions, and expert members of the International Commercial Expert Committee of the Supreme People's Court of China (hereinafter referred to as the expert members) within the "One-Stop" mechanism. It supports and facilitates parties in resolving international commercial disputes through diversified means such as neutral evaluation, mediation, arbitration, or litigation by choice.

The "One-Stop" platform offers functions including "mediation services", "arbitration services", "litigation services" and "auxiliary services", generating, sending, receiving, storing and exchanging relevant materials according to the progression of the case process, and synchronizing the sending of relevant materials and node information to the involved parties, institutions on the platform, and expert members.

Article 2 Parties may, in accordance with the provisions of Paragraph 1, 3 and 4 of Article 2 of the Provisions of the Supreme People's Court on Several Issues Regarding the Establishment of the International Commercial Court, apply for neutral evaluation, mediation, arbitration, or initiate litigation through the "One-Stop" platform for international commercial disputes involving an amount exceeding RMB 300 million or other international commercial disputes with significant impact.

Article 3 If parties choose to resolve international commercial disputes through the "One-Stop" platform, they shall fill in necessary information such as their mobile phone numbers or email addresses as prompted by the platform and complete registration.

Article 4 Before submitting for mediation, arbitration or litigation, if parties apply for a neutral evaluation, they shall select the neutral evaluation function in the "auxiliary services" of the "One-Stop" platform, fill in the application form for neutral evaluation, specify the expert members they intend to select, and submit identification documents and related evidence.

The CICC shall, upon receiving the application for neutral evaluation from the parties and deeming the dispute in question falls within the scope of application of Article 2 of these Guidelines, solicit the respondent’s consent to conduct the neutral evaluation within three working days. If the respondent agrees, a written opinion agreeing to the neutral evaluation shall be submitted.

Article 5 The expert members, when selected as neutral evaluators, may organize evaluation meetings through the "One-Stop" platform to hear statements from the parties, ask questions about the evaluation, and issue neutral evaluation opinion based on the statements and relevant evidence. After analysis and evaluation of the validity of the evidence, fact finding, and legal application, the expert members shall issue their opinions on neutral evaluation. The period of neutral evaluation generally does not exceed twenty working days. If the parties unanimously agree to extend the neutral evaluation period, it may be appropriately extended.

The neutral evaluation shall be conducted confidentially, and the evaluator shall keep the information provided by the parties confidential. Without permission of one party, the information shall not be disclosed to the other party. The neutral evaluation opinion does not have legal effect and cannot be used as evidence in subsequent proceedings.

Parties may reach a settlement based on the neutral evaluation opinion or apply for a mediation presided by the expert member who participated in the neutral evaluation. The expert members participating in the evaluation may mediate in accordance with these Guidelines, but shall not participate in any other procedures other than mediation.

The cost of neutral evaluation shall be determined through negotiation between the expert members and the parties.

Article 6 Parties applying for mediation may enter the People’s Court Mediation Platform through "Mediation Services" under the "One-Stop" platform and log in to request mediation by international commercial mediation institutions or expert members.

Mediation by international commercial mediation institutions shall be conducted in accordance with relevant laws, provisions and the mediation rules of such institutions.

Expert members shall conduct mediation in accordance with relevant laws and regulations, such as the Procedural Rules for the China International Commercial Court of the Supreme People's Court (for Trial Implementation), the Working Rules of the International Commercial Expert Committee of the Supreme People's Court (for Trial Implementation), the Online Mediation Rules of the People's Courts and these Guidelines.

Article 7 Parties applying for mediation shall submit the following materials:

(1) Mediation application specifying the names, addresses, telephone numbers, faxes, email addresses and other contact details of all parties, the facts of the dispute and mediation requests;

(2) Relevant evidence;

(3) Identification documents;

(4) If represented by an attorney or other representatives, a power of attorney and the representative's identification documents;

(5) Confirmation of Service Address and Service Method.

Article 8 After receiving the mediation application from the parties, if the CICC determines that the dispute in question falls within the scope of application of Article 2 of these Guidelines, it shall solicit respondent’s consent within three working days. If the respondent agrees, a written opinion agreeing to mediation shall be submitted.

Article 9 If parties do not apply for mediation, the CICC may inquire whether they accept mediation assigned before filing. If the parties express their willingness for mediation and consent to mediate pre-trial mediation in the Pretrial Diversification Procedure Consultation Form, the CICC shall coordinate and entrust mediation matters.

After accepting a case, if the parties are willing to mediate, the CICC shall entrust related organizations to organize the mediation.

Article 10 If the CICC assigns/entrusts an international commercial mediation institution to preside over the mediation, it shall, after the parties have selected, or the CICC has designated an international commercial mediation institution, transfer the Pretrial Diversification Procedure Consultation Form, Letter of Consultation for Assignment/Entrustment of Mediation, and relevant case materials to the respective institutions.

The international commercial mediation institution shall reply within three working days after receiving the Letter of Consultation for Assignment/Entrustment of Mediation.

If the international commercial mediation institution accepts the assignment/entrustment, the CICC shall issue Letter of Assignment/Entrustment of Mediation within three working days and inform the parties through the "One-Stop" platform.

If the international commercial mediation institution fails to reply within the above-mentioned period, it shall be deemed to not have accepted the assignment/entrustment mediation.

Article 11 If the parties unanimously agree to have expert members conduct the mediation, the CICC shall organize the parties to jointly select one to three expert members from the list of expert members to serve as mediators within seven working days.

The CICC shall contact the selected expert members in a timely manner to arrange and promote relevant mediation work, and transfer the Pretrial Diversification Procedure Consultation Form, the Letter of Consultation for Assignment/Entrustment of Mediation and relevant case materials to the respective expert members.

The expert members shall reply within seven working days after receiving the Letter of Consultation for Assignment/Entrustment of Mediation.

If the expert members accept the selection, the CICC shall issue a Letter of Assignment/Entrustment of Mediation within three working days and inform the parties through the "One-Stop" platform.

If the expert members fail to reply within the above-mentioned period, it shall be deemed not to have accepted the assignment/entrustment of mediation.

Article 12 Before presiding over the mediation, the expert members shall sign a declaration ensuring independence and impartiality. If the expert members become aware of circumstances that may lead the parties to reasonably doubt about the independence and impartiality when presiding over the mediation, they shall promptly disclose them in writing to the CICC.

The CICC shall inform the parties through the "One-Stop" platform within three working days after receiving the disclosure materials from the expert members.

Article 13 If parties apply to change expert members on the grounds of reasonable doubts about their impartiality or independence, they shall submit a written request within three working days after becoming aware of the reasons for the change or receiving the disclosure materials from the expert members. Failure to apply for a change within the period shall be deemed as a waiver of the request.

The CICC shall review and decide whether to change the expert member within three working days after receiving the written application from the parties. The review process shall not halt the mediation proceedings.

Article 14 The period for the expert members to preside over mediation starts from the date of acceptance of the assignment/entrustment of mediation and generally does not exceed twenty working days. If the parties unanimously agree to extend the mediation period, it may be appropriately extended.

Article 15 Mediation shall be conducted confidentially. The mediation proceedings shall be recorded, and the parties and the expert members or the mediator of the international commercial mediation institution presiding over the mediation shall sign the records.

The mediation records and the facts recognized by the parties for reaching a mediation agreement shall not be used as grounds against the parties in arbitration or litigation proceedings, except as otherwise provided by law or agreed upon by the parties.

Article 16 If the parties reach a mediation agreement through mediation presided over by an international commercial mediation institution or expert members, they shall sign a written mediation agreement.

Upon requests by the parties, the CICC shall review the mediation agreement according to the law and issue a civil mediation document; if the parties request the CICC to issue a judgement, the CICC may issue a civil judgment document.

Article 17 In the mediation proceedings, the mediation shall be deemed to have failed under any of the following circumstances:

(1) A written request by any party to terminate the mediation proceedings;

(2) Failure of the parties to reach a mediation agreement within the agreed mediation period, except the parties unanimously agree to extend the mediation period;

(3) Termination by the international commercial mediation institution that it is inappropriate to continue mediation or termination for other reasons;

(4) Inability or unsuitability of the expert members to perform or continue to perform the mediation duties, and cannot be selected separately;

(5) Other circumstances.

If the assignment/entrustment of mediation fails, the international commercial mediation institution or the expert members shall submit the Mediation Form and the relevant case materials to the case to the CICC within three working days. After receiving the materials, the case shall be promptly filed. If the case has already been filed, CICC shall continue the proceedings and inform the parties of relevant information through the "One-Stop" platform.

Article 18 If the parties voluntarily choose to be mediated by an international commercial mediation institution, the charging method and charging standards of the institution shall apply.

If the parties choose to be mediated by the expert members, they may refer to the charging method and charging standards of the international commercial mediation institutions on the "One-Stop" platform.

Article 19 If the parties choose to apply for arbitration through the "One-Stop" platform, they may select an international commercial arbitration institution through the "Application for Arbitration" in "Arbitration Service" and submit relevant materials in accordance with the institution's requirements.

Article 20 If the parties apply for arbitration preservation, they may submit the following materials to the international commercial arbitration institutions, by selecting "Application for Arbitration Preservation" under "Arbitration Services" on the "One-Stop" platform:

(1) Application for arbitration preservation;

(2) Arbitration agreement;

(3) Identification documents;

(4) If represented by an attorney or other representatives, a power of attorney and the representative's identification documents;

(5) Relevant evidence;

(6) Documents related to providing security.

Article 21 The application for arbitration preservation shall specify the following:

(1) Basic information, service address, and contact information of the applicant and respondent;

(2) Requested matters and their basis in facts and reasons;

(3) The amount of property for preservation, evidence, or disputed subject matter;

(4) Specific information on the property for preservation, evidence, or concrete clues;

(5) Information on property offered as security for preservation or credit certificate, or reasons for not needing to provide security;

(6) Whether applications have been filed in other courts and the status of those applications;

(7) Other matters that need to be specified.

Article 22 After receiving the preservation application from the parties, the international commercial arbitration institutions shall, upon review and determination that the dispute in question falls within the scope of application of Article 2 of these Guidelines, issue a transfer letter to the CICC through the "One-Stop" platform.

Upon receiving the transfer letter and the application for arbitration preservation, if the CICC determines that the dispute in question falls within the scope of application of Article 2 of these Guidelines, it shall file the case and make a ruling within five days. If supplementary materials are required, a ruling shall be made within five days after the completion of supplement. If the parties need to be inquired with, a ruling shall be made within five days after the inquiry.

If the CICC decides to take preservation measures, it may be executed by the people's courts in the place where the respondent has its domicile, where the preserved property is located, or where the evidence is located.

After the CICC's ruling has been served to the parties, it shall inform the international commercial arbitration institutions through the "One-Stop" platform.

Article 23 If parties apply to the CICC for setting aside domestic arbitration awards made by international commercial arbitration institutions, or for recognition and enforcement of foreign awards, on an international commercial dispute specified in Article 2 of these Guidelines, they can submit the following materials through the "One-Stop" platform's "Litigation Service":

(1) An application specifying the party's basic information, requested matters, their basis in facts and reasons, as well as whether application has been made in other courts and the status of the application;

(2) Arbitration awards;

(3) Identification documents;

(4) If represented by an attorney or other representatives, a power of attorney and the representative's identification documents;

(5) Relevant evidence;

(6) Other materials required by the CICC.

Article 24 Upon receiving the materials for the application for setting aside a domestic arbitration award or recognition and enforcement of a foreign award, the CICC shall file the case if it determines that the dispute in question falls within the scope of application of Article 2 of these Guidelines.

After accepting the case, the CICC shall form a collegial panel for adjudication and inquire the parties. Based on the needs of the case, the CICC may request explanations from the international commercial arbitration institutions or refer to arbitration records from relevant arbitration institutions.

The  CICC shall make a ruling within two months from the date of accepting the case, and inform the international commercial arbitration institutions through the "One-Stop" platform after the ruling document is served to the parties.

Article 25 Parties filing lawsuit to the CICC may submit a statement of claim and relevant litigation materials through “Litigation Services” on the CICC’s  “One-Stop” platform, entering the "Supreme People’s Court Litigation Service Website".

Parties may also submit the statement of claim and related litigation materials via email, mail, in-person, or other methods permitted by the CICC.

For submissions by mail or in-person, parties shall provide paper documents and copies according to the number of opposing parties, along with a CD-ROM or other portable storage device.

Article 26 When filing a lawsuit to the CICC, parties shall submit the following materials:

(1) Statement of claim;

(2) Written agreement choosing the jurisdiction of the Supreme People's Court of China;

(3) Identification documents;

(4) If represented by an attorney or other representatives, a power of attorney and the representative's identification documents;

(5) Relevant evidence in support of the litigation claims;

(6) Confirmation of Service Address and Service Method;

(7) Pretrial Diversification Procedure Consultation Form.

Article 27 Upon receiving the materials from the parties, if the CICC determines that the case falls within the scope defined in Article 2 of the Provisions of the Supreme People's Court on Several Issues Regarding the Establishment of the International Commercial Court, it shall file the case online and send the parties Case Acceptance Notice and other litigation materials through the "One-Stop" platform.

Article 28 The CICC shall deal with cases in accordance with the Civil Procedure Law of the People's Republic of China, the Provisions of the Supreme People's Court on Several Issues Regarding the Establishment of the International Commercial Court, the Rules of Online Litigation of the People's Court, and relevant laws and judicial interpretations, as well as the Procedural Rules of the China International Commercial Court of the Supreme People's Court (for Trial Implementation).

Article 29 Parties shall pay the case acceptance fee and other litigation costs in accordance with The Provisions on Litigation Costs Payment.

The parties can pay the case acceptance fee and other litigation costs using payment codes at any branch of the agent banks as announced by the Supreme People's Court.

Article 30 The “One-Stop” platform shall strictly implement relevant legal provisions on privacy protection, explaining the situation of collecting, storing, and using parties’ information on the platform, as well as relevant measures to ensure the confidentiality of mediation and arbitration.

Article 31 The "One-Stop" platform shall provide clear platform instructions, work guides, and network environment requirements prominently, facilitating parties’ application for platform services.

The neutral evaluation mentioned in these Guidelines refers to a dispute submitted for mediation, arbitration, or litigation before which parties jointly choose expert members of a neutral third-party to provide professional opinions based on the case circumstances, allowing parties to obtain sufficient information to predict likely outcomes of the litigation and choose the most suitable dispute resolution methods, thereby guiding and promoting parties to preferentially choose mediation as the dispute resolution method.

The identification documents mentioned in these Guidelines refer to copies of the identity card that shall be submitted when parties are natural persons, (foreign natural persons shall submit copies of their passports; residents of Hong Kong and Macao Special Administrative Regions shall submit copies of their Hong Kong and Macao Special Administrative Region identity cards or residence permits, or Mainland Travel Permits for Hong Kong and Macao Special Administrative Regions Residents; Taiwan region residents shall submit copies of their Taiwan identity cards, Taiwan Residence Permits, or Mainland Travel Permits for Taiwan Residents).

When parties are legal persons or non-legal entity organizations, they shall submit copies of their registration certificates and identity card copies of their legal representatives or persons in charge. Foreign enterprises or organizations shall submit the subject qualification proof materials, such as identity documents of the representatives or persons in charge and business registration, which have been notarized by notary authorities in their countries, authenticated by the Chinese embassy or consulate in that country, or fulfilled the certification procedures stipulated in the relevant treaties concluded or jointly concluded between China and that country.

Article 32 These Guidelines shall come into effect on January 30, 2024.

*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.