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Published by the Ministry of Commerce on November 23, 1989.

Trial Measures for Mediation of Commercial Economic Disputes

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Published by the Ministry of Commerce on November 23, 1989.

Chinese name

Trial Measures for Mediation of Commercial Economic Disputes

Issuing unit

Ministry of Commerce

Time of promulgation

1989.11.23

Implementation time

1989.11.23

Full text

Chapter I General Provisions

Article 1 These Measures are formulated in order to clarify the responsibilities of commercial authorities at all levels to mediate commercial economic disputes, safeguard the national interests and the legitimate rights and interests of the parties to the dispute, promote the development of commodity circulation and the establishment of a new socialist commodity economic order.

Article 2. The legal institutions of the competent commercial authorities at all levels are responsible for the mediation of commercial economic disputes (hereinafter referred to as the mediation agency).

Article 3 Mediation institutions implement a first-level mediation system for the mediation of commercial economic disputes.

Article 4 The mediation of commercial economic disputes must adhere to the following principles:

(1) voluntary;

(2) taking facts as the basis and laws as the criterion;

(3) Combining conscious performance with supervision performance.

Article 5 The "business" mentioned in these measures refers to all types of commerce run by various economic components, various departments and units, including social commerce, including state-owned commerce, grain commerce and supply and marketing cooperatives.

The commercial authorities at all levels mentioned in these Measures refer to the administrative departments in charge of commodity circulation of people's governments at all levels and the supply and marketing cooperatives at the same level.

The commercial economic disputes mentioned in these Measures refer to the economic disputes between various commercial economic organizations.

Economic disputes between commercial economic organizations, non-commercial economic organizations, and self-employed persons may be mediated with reference to these Measures.

Chapter II Mediators, Mediation Teams and Their Duties

Article 6 The mediation of commercial economic disputes shall be chaired by a mediator appointed by the mediation agency or a mediation team.

The mediator and mediation team work on behalf of the mediation agency and report to their supervisors on a regular or irregular basis.

Article 7 When the mediator and the mediation team carry out their work, they have the right to understand the situation, collect evidence, and consult the materials and original documents related to the disputes with the introduction letter. The relevant units and individuals shall support and assist them; if necessary, Documents should be issued.

The mediation agency must keep confidential the evidence, materials and original documents involving the secrets of the state and the enterprise.

Article 8 The main duties of a mediator and mediation team are:

(1) All parties are equal in the applicable laws, regulations and policies, and guarantee that both parties exercise their rights equally;

(2) safeguard the dignity of the law and stop illegal acts;

(3) educating the parties concerned about contracts, keeping promises, and operating according to law;

(4) Supervising the implementation of mediation agreements.

Chapter III Jurisdiction through Mediation

Article 9 The parties to a commercial economic dispute may negotiate to determine the mediation of the party's most direct superior authority, or negotiate to determine the mediation by a third-party mediation agency that is willing to accept the application for mediation.

Article 10 For commercial and economic disputes in counties (cities) and municipal jurisdictions, if both parties have a common superior authority, the mediation agency of the most direct common superior authority shall mediate; if there is no common superior authority, the respondent shall Mediation by the mediation agency of the most direct superior authority or county authority.

For commercial and economic disputes in different counties (cities) and municipal jurisdictions, if both parties have a common superior authority, the mediation agency of the most direct common superior authority shall mediate; if there is no common superior authority, the respondent's most direct superior Mediation from the competent authority to the mediation agency of the provincial competent authority.

Commercial and economic disputes in different provinces, autonomous regions, and municipalities are mediated by the respondent's most direct superior authority to the mediation agency of the provincial authority; commercial economic disputes that have a significant influence or the amount of the dispute is more than 10 million , Mediation by the mediation agency of the Ministry of Commerce.

Article 11 After a mediation agency accepts a commercial economic dispute and considers it necessary to report to a superior mediation agency for mediation, it shall obtain its consent in advance and submit relevant materials in a timely manner.

Article 12 A mediation agency shall not accept an application for mediation within the last three months of the statute of limitations or the statute of limitations of the lawsuit, except where the parties have agreed in advance to apply to the mediation agency only for mediation.

If one party applies to the mediation agency for mediation, and the other party applies to the relevant department for arbitration or prosecution, the mediation agency will not accept it.

Chapter IV Mediation Procedure

Article 13 If one party applies for mediation, it shall submit a written application to the mediation agency and submit copies in accordance with the number of respondent.

(1) the name and address of the applicant and the respondent, and the name and title of the legal representative;

(2) the name, gender, work unit, title and address of the entrusted agent;

(3) the main facts and evidence of the dispute;

(4) Requests and reasons for mediation.

Article 14 After receiving the application, the mediation agency shall, upon examination, send a copy of the application to the respondent within five days if it meets the requirements of the present Measures. The respondent replied in writing whether to agree to mediation within five days after receiving the copy of the application. For those who do not meet the requirements or the respondent does not agree with the mediation, the mediation agency shall notify the applicant of the inadmissibility within seven days from the date of receiving the application or reply, and explain the reasons.

If the respondent fails to make a reply after receiving the copy of the application, it shall be regarded as not agreeing to the mediation.

Article 15 Where a third party has an independent claim on the subject of the disputed party or has an interest in the mediation result, he may apply to participate in the mediation or be notified by the mediation agency to participate in the mediation.

Article 16 The parties may entrust one or two agents to participate in the mediation. When an agent participates in mediation, he shall submit a power of attorney to the mediation agency. The power of attorney must specify the entrusted matters and authority, be signed by the legal representative and affixed with the official seal of the unit.

Article 17 During the mediation, both parties may settle on their own. The applicant may waive or change the request for mediation, and the respondent may also submit another request for mediation.

Article 18 If an agreement is reached through mediation, a "Commercial Economic Dispute Mediation" shall be prepared. The content of the mediation document shall not violate the relevant laws, regulations and policies of the state, and shall not harm the public interests and the legitimate rights and interests of others.

Article 19 The mediation statement shall take effect after being signed by both parties. Failure to sign by one party shall be deemed as mediation failure. Both parties shall take the initiative to perform within 15 days after the mediation statement becomes effective or within the time limit agreed in the mediation statement.

If one of the parties fails to perform their obligations on schedule, the other party may apply to the original mediation agency for supervision and implementation.

After receiving the application for supervision and implementation, the mediation agency shall notify the parties to the obliging party within five days and perform it within the specified period. Failure to perform within the time limit means that the system can punish the legal representative of the obligor according to relevant regulations or make recommendations for disciplinary actions. The obligations that should have been fulfilled must not be waived; if it is not the system, it can be recommended to the relevant departments for sanctions, and the relevant departments Urge the obligor to continue to fulfill its obligations under the mediation letter.

Article 20 The mediation agency shall terminate the mediation within three months from the date of receipt of the application; if the mediation fails, the mediation shall be terminated.

If the applicant requests the mediation agency to withdraw the mediation application or the respondent requests termination of the mediation, the mediation agency shall grant permission.

Article 21 If the mediation fails, or if the mediation agreement is repented before the mediation agreement takes effect, the parties may apply to the relevant department for arbitration or bring a lawsuit in accordance with state regulations.

Article 22 The actual expenses incurred by the mediation shall be advanced by the applicant. The end of mediation shall be shared according to the responsibilities of both parties. The specific amount shall be determined by the mediation agency.

If the parties request withdrawal or termination of mediation, the actual expenses for mediation of the economic dispute shall be borne by the requester or determined by the mediation agency and the parties shall share the proportion.

Chapter V Supplementary Provisions

Article 23 The administrative departments in charge of commodity circulation and the supply and marketing cooperatives at the same level in the provinces, autonomous regions, municipalities directly under the Central Government, and cities with separate plans may formulate specific implementation measures in accordance with these Measures and in combination with the actual conditions of their own regions and departments.

Article 24 The interpretation of these measures is the responsibility of the Department of Policy and Regulations of the Ministry of Commerce.

Article 25 These Measures shall be implemented as of the date of promulgation.