Fa Ban Fa [2018] No.14

(Adopted at the 1751^st meeting of the Adjudication Committee of the Supreme People’s Court on October 29, 2018 and issued on November 21, 2018)

In order to regulate the work of the International Commercial Expert Committee of the Supreme People's Court (hereinafter referred to as, the International Commercial Expert Committee), these Rules are formulated in accordance with the Provisions of the Supreme People's Court on Several Issues Regarding the Establishment of the International Commercial Court.

Article 1 The Supreme People's Court establishes the International Commercial Expert Committee to support for the International Commercial Court of the Supreme People's Court (hereinafter referred to as, the International Commercial Court) to build a diversified dispute resolution mechanism that efficiently links mediation, arbitration and litigation.

Article 2 The International Commercial Expert Committee is composed of Chinese and foreign experts appointed by the Supreme People's Court.

The members of the International Commercial Expert Committee (hereinafter referred to as, the Expert Members) shall possess the following qualifications:

(1) they shall have expertise in international trade law, international investment law, and other fields of international commercial law, with internationally recognized authority; 

(2) they shall have the character of integrity and fairness; 

(3) they are able to perform duties conscientiously in accordance with these Rules.

Article 3 The Expert Members may assume the following duties entrusted by the International Commercial Court:

(1) preside over in mediations of international commercial cases;

(1) provide advisory opinions on specialized legal issues concerning international treaties, international commercial rules, finding and applying foreign laws involved in cases heard by the International Commercial Court and the People's Courts at all levels;

(2) provide advice and suggestions on the development of the International Commercial Court;

(3) provide advice and suggestions on the formulation of judicial interpretations and judicial policies of the Supreme People's Court;

(4) other matters entrusted by the International Commercial Court.

Article 4 The Expert Members shall observe the following provisions:

(1) provide opinions, advice and suggestions independently, objectively and impartially, and to do so in an individual capacity based on professional expertise;

(2) mediate in international commercial cases in a neutral and impartial manner, and treat the parties equally;

(3) observe other rules prescribed in the Code of Ethics of the Expert Members.

Article 5 The Expert Members shall be selected and appointed by the Supreme People's Court based on its work needs.

The term of appointment of each Expert Member is four years, and renewable upon expiry.

If an Expert Member becomes unable to perform his duties during his term due to unwillingness, health or other reasons, or becomes unfit to perform his duties, the Supreme People's Court may terminate the appointment.

Article 6 The Supreme People's Court establishes the Office of the International Commercial Expert Committee as its operational organ to carry out the following functions:

(1)  provide services for communication, coordination and liaison between the Expert Members and the International Commercial Court;

(2)  provide services for the Expert Members' exercise of duties of mediation, consultation, and providing advice and suggestions;

(3)  register and file case materials and judgements;

(4) prepare and organize seminars and consultation meetings of the International Commercial Expert Committee,  prepare briefings, compile and file meeting materials;

(5) regularly send the Expert Members the information about the operation of the International Commercial Court and legal developments in China;

(6)  manage other daily affairs.

Article 7 The Office of the International Commercial Expert Committee may, based on its work needs, designate an Expert Member as the seminar convenor of the International Commercial Expert Committee to handle relevant matters under the authority of the Office.

Article 8 The Supreme People's Court may, based on its work needs, decide to host a seminar of the International Commercial Expert Committee or to organize some Expert Members to attend a consultation meeting, which shall be convened by the convenor or the Secretary-General of the Office of the International Commercial Expert Committee.

The Convenor shall send the meeting notice to the Expert Members through the Office of the International Commercial Expert Committee no later than three months before the seminar or meeting is held. The Expert Members shall reply within seven working days after receiving the notice as to whether he is to attend the meeting.

The time limit prescribed in paragraph 2 shall not apply if there is an urgency that requires an ad hoc meeting and the Expert Members agree to attend.

The seminar and meeting may be held by way of video conference or in-person.

Article 9 If the International Commercial Court, pursuant to Article 17 of the Procedural Rules of the China International Commercial Court of the Supreme People's Court (for trial implementation), intends to entrust the Expert Members, to preside over mediation, it shall send Request for Opinion on Entrusted Mediation with a list of names of Expert Members appointed by parties or designated by the International Commercial Court to the Office of the International Commercial Expert Committee within seven working days after accepting the case. A Request for Opinion on Pretrial Separate-Flow Procedures and a copy of relevant case materials shall be attached.

The Office of the International Commercial Expert Committee shall contact the Expert Members for comments within seven working days after receiving the above materials.

The Expert Members shall reply within seven working days after receiving the Request for Opinion on Entrusted Mediation.

The Office of the International Commercial Expert Committee shall inform the International Commercial Court in writing within three working days after receiving the reply from the Expert Members.

Article 10 If the Expert Members agree to preside over a mediation, they shall sign a written declaration of no conflict of interest, unequivocally announcing that there is no circumstance that may affect the independence and impartiality of the mediation. 

If the Expert Member agrees to accept the appointment or designation, the International Commercial Court shall issue a Letter of Entrusted Mediation within three working days and inform the parties.

Article 11 While presiding over a mediation, the Expert Member shall, in accordance with relevant laws and regulations, observe these Rules and the relevant provisions on mediation in the Procedural Rules of the China International Commercial Court of the Supreme People's Court (forTrial Implementation), with reference to international practice and usages, on the basis of the parties’ voluntariness, according to the principles of fairness, equitability and confidentiality, to encourage mutual understanding and accommodation between the parties and for them to reach a settle agreement.  

Mediation can be conducted by way of video conference or in-person.

Article 12 When a mediation is terminated according to Article 22 of the Procedural Rules of the China International Commercial Court of the Supreme People's Court (for Trial Implementation), the Expert Member shall complete the Mediation Form within seven working days after the termination of the mediation and send it to the Office of the International Commercial Expert Committee together with the relevant case materials. The Office of the International Commercial Expert Committee shall send the Mediation Form and the relevant case materials to the International Commercial Court within three working days after receiving, and shall keep a copy thereof.

Article 13 If a settlement is reached after the mediation presided over by the Expert Member(s), the  International Commercial Court may issue a conciliation statement or a judgment based on the settle agreement in accordance with the law, and shall send a copy of the same to the Office of the International Commercial Expert Committee for filing.

The Office of the International Commercial Expert Committee shall, within three working days after receiving the conciliation statement or the judgment, send a copy thereof to the Expert Member(s).

Article 14 If the International Commercial Court or any other People’s Court that has accepted a case intends to consult the Expert Members in accordance with Article 3.2 of these Rules, it shall submit a request to the Office of the International Commercial Expert Committee by way of a consultation letter together with relevant documents.

The consultation letter shall specify the name of the Expert Member(s), the matter(s) to be consulted and the expected time limit of reply which usually should not be less than twenty working days.

The Office of the International Commercial Expert Committee shall contact the Expert Members for comments within three working days after receiving the consultation letter.

If the Expert Member agrees to provide the advisory opinion, he shall produce timely a written opinion confirmed by signature and send it to the Office of the International Commercial Expert Committee. If necessary, an expert consultation meeting may be convened by a number of Expert Members to produce a written opinion confirmed by joint signatures.

Article 15 If a party applies for the Expert Member(s) to appear before the court to give further explanations in respect of his advisory opinion on the specialized legal issues concerning international treaties, international commercial rules and foreign laws under the entrustment of the International Commercial Court, the International Commercial Court shall, through the Office of the International Commercial Expert Committee within seven working days after receiving the application, ask the Expert Member if he agrees to appear before the court. If the Expert Member agrees so, he may appear before the court to give further explanations.

Article 16 If the International Commercial Court entrusts the Expert Members to provide advice and suggestions and for other matters in accordance with Articles 3.3 and 3.4 of these  Rules, it shall send a request to the Office of the International Commercial Expert Committee by way of a consultation letter together with relevant documents.

The consultation letter shall specify the name of the Expert Member(s), the matter(s) to be consulted and the expected time limit of reply which usually should not be less than twenty working days.

The Office of the International Commercial Expert Committee shall contact the Expert Members for comments within three working days after receiving the consultation letter.

If the Expert Member agrees to provide advisory opinion, he shall produce timely the opinion in written form confirmed with his signature and send it to the Office of the International Commercial Expert Committee. If necessary, an expert consultation meeting may be convened by a number of Expert Members to produce the opinions in written form confirmed by joint signatures.

Article 17 The Supreme People's Court provides supports for the Expert Members to perform their duties.

Article 18 The Supreme People's Court, through the Office of the International Commercial Expert Committee, supports the Expert Members to provide advice and suggestions on the operation and development of the International Commercial Expert Committee and the International Commercial Court, and also provides the corresponding facilities for research, information exchange and other forms of legal cooperation between the Expert Members and the International Commercial Court and amongst the Expert Members.

Article 19 These Rules is effective as of December 5, 2018.

Article 20 The Supreme People’s Court shall interpret the Rules.

*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.