Beijing court's "one-stop" diversified international commercial dispute resolution center provides guidelines on litigation, mediation and arbitration, ascertainment of extraterritorial law, foreign-related translation as well as foreign-related legal notarization and identification.
The principles of the “one-stop” diversified international commercial dispute resolution center:
1. To respect the wishes of the parties to resolve disputes within the law.
2. To equally protect the legitimate rights and interests of all parties concerned based on the principle of integrity and fairness.
3. To use multiple ways such as mediation, arbitration, litigation and notarization to resolve disputes.
4. To fully use technological methods to provide highly efficient and convenient services to resolve disputes.
The range of application of lawsuit, arbitration and mediation
Disputes suitable for mediation. 1. Disputes in which one or both parties have the intention to mediate; 2. Disputes with simple facts and little controversy between the two parties; 3. Other disputes suitable for mediation.
Disputes suitable for arbitration. 1. Those in which the defendant’s main properties are outside the country and may require execution abroad; 2. When the two parties have signed an arbitration agreement or have agreed on an arbitration clause but still have disputes over its meaning; 3. Other disputes suitable for arbitration.
Disputes suitable for litigation. 1. Where one party’s whereabouts are unknown and there is a need for foreign-related public notice or announcement of proceedings; 2. The parties insist on litigating their dispute; 3. Other disputes unsuitable for mediation or arbitration.
Coordination of litigation and mediation and of litigation and arbitration
Why do we recommend resolution of disputes by litigation integrating mediation or litigation integrating arbitration?
Litigation is not the only way of resolving disputes. It not only occupies national judicial resources but also wastes parties’ time and energy. In order to rapidly resolve disputes, we provide the coordination and interworking of litigation, mediation and arbitration while considering the diversity and complexity of foreign-related business disputes. We recommend choosing the most suitable way to solve the dispute.
What is the coordination of litigation and mediation?
The coordination of litigation and mediation means that before accepting a case for trial the dispute resolution center will transfer the case that meets the condition for mediation and of which the parties have shown an intention to mediate, to a specially invited mediation organization for pre-trial mediation. The staff of the filing window can file the case for mediation at this stage.
What are the benefits of coordination of litigation and mediation?
Easy to resolve disputes. As mediation is based on the consensus of the two parties, it is easy for the two parties to accept and to carry out.
High efficiency. The coordination of litigation and mediation is convenient and flexible in form and simple in procedure. When an agreement is reached, you can apply to the court for a civil conciliation statement or judicial confirmation.
Good effect. Most parties can fulfill the requirements of the reconciliation agreement by themselves, saving energy and time.
High privacy. Mediation is not a public procedure, so the information that each party gives the mediator is kept strictly confidential and won’t be told to anyone.
Low cost. If a civil mediation agreement is reached by pre-litigation mediation and its parties apply for judicial confirmation, the court will not charge the case settlement fee. It also saves time so that the parities do not have to be involved in long-term litigation procedures.
Strong enforcement. After a mediated agreement is reached, the court issues a civil conciliation statement or a judicial confirmation of a civil decision, which has the same effect as the judgment. If the other party fails to perform according to the agreement, it may apply to the court for compulsory execution
Enhanced harmony. The mediation will remove estrangement and antagonism and solve the dispute at the beginning stage, bringing harmony to each party.
How to solve disputes by litigation and mediation?
You can go to the “one-stop” diversified international commercial dispute resolution center and apply for litigation and mediation at the international commercial dispute window.
Before the mediation is scheduled, the staff will ask your opinion first. If you agree to mediation, the staff will transfer the case to a mediation organization after you have filled in a consent form. If mediation succeeds, you can apply to the court to confirm the validity of the mediation agreement according to law. If the mediation fails, the case will transfer to litigation.
What is the coordination of litigation and arbitration?
The coordination of litigation and arbitration means that before the case is filed and accepted, we determine if the parties are willing to apply for arbitration; or when a mediation fails and the parties agree in writing to arbitration the case will be transferred to an arbitral body for handling.
What are the benefits of the coordination of litigation and arbitration?
High privacy. Arbitration hearings are not open to the public, which fully protects the parties’ business secrets and respects their reputations.
High convenience. An arbitration is final and binding. Once the arbitration is completed, it has a legal effect.
Strong enforcement. The international arbitration award can be applied for recognition and enforcement in the country where the property is located in accordance with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. An international commercial arbitration award has more advantages in overseas enforcement than a domestic award.
Language advantage. The parties can choose the arbitration language.
How to solve disputes by the coordination of litigation and arbitration?
If the plaintiff agrees to arbitration in the case review stage, the plaintiff fills out a consent form for arbitration. The case will be transferred to the arbitral body by the parties. If arbitration fails, the case will be transferred for litigation procedures.
If the case fails in mediation, but the parties agree to arbitration and reach an arbitration agreement, the parties can complete a consent form for arbitration and the case will be transferred to the arbitral body.
If the parties agree to arbitration during litigation and reach an arbitration agreement, the case will be transferred to the arbitral body by the parties. If the plaintiff applies to the court for withdrawal of the suit, the court shall grant the application according to law.
The arbitral body assigns staff responsible for online and onsite reception at the arbitration window. They receive the arbitration application materials and instruct in the making of an arbitration agreement.