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Με ιδιαίτερη επιτυχία και με τη συμμετοχή περισσοτέρων από 300 συνέδρων πραγματοποιήθηκε την Τρίτη 18 Δεκεμβρίου στο Γαλλικό Ινστιτούτο, η διεθνής ημερίδα για τη Διαμεσολάβηση και την Επιχειρηματικότητα. Έγκριτοι επιστήμονες και σημαντικές προσωπικότητες από την Ελλάδα, τη Γαλλία, τις Ηνωμένες Πολιτείες Αμερικής και την Κίνα παρουσίασαν τις απόψεις, τον προβληματισμό τους για το συγκεκριμένο θέμα καθώς και την πορεία του νέου θεσμού στην Ελλάδα.
Citation preview
Zhang Wei
Director
Shanghai Commercial
Mediation Center
Descriptions of Working details3
External Cooperation and Communication4
Background and Significance of SCMC1
Characteristics of Commercial Mediation2
1.Background and Significance of SCMC
Since the opening of its commercial port, Shanghai has been a key city
blessed by well-developed economy and trade. As of the reform and
opening-up of China, Shanghai, as a leading city alongside the Yangtze
River, has gained a rapid growth in economy and trade in its construction
targeted at “four centers (i.e. economic center, trade center, financial center
and shipping center)”. What the rapid economic development has brought is
not only the construction and improvement of infrastructure and relevant
institutions relating to economy and trade but also the reinforcement of
social commercial concepts and sense of the rule of law. Under such a
background as above, Shanghai Commercial Mediation Center, as a new
exploration form of the commercial dispute resolution mechanism, emerges
in Shanghai at the right moment. As proved by real practices, the emergence
and sound operation of Shanghai Commercial Mediation Center and the
commercial mediation system represented by it are of profound significance.
(1)The commercial mediation system conforms to the development
trend of international commercial dispute resolution
• At present, such world-recognized international trade centers as New York,
London and Singapore have impeccable legal systems, normative economic
and trading behaviors and highly effective legalized operating environment in
addition to their geographic advantages and sound infrastructure. Inter alia,
such cities as above have the Alternative Dispute Resolution Method
(hereinafter referred to as ADR), a kind of independent, professional and non-
gratuitous commercial dispute resolution mechanism. As for international
trade centers, the commercial mediation ability to effectively and promptly
settle international trade disputes has become an indispensable part of them.
• With the construction of “four centers” in Shanghai marching forward,
more and more international commercial disputes have joined in the
commercial disputes in Shanghai. Learned from domestic and overseas
ADR commercial mediation experiences and practices of Shanghai
Commercial Mediation Center for over a year, the formation and
development of high-quality and professional mediation services shall be
inherently significant in the construction of “four centers” in Shanghai, in
particular the construction of Shanghai as an international trade center.
(2) The commercial mediation system satisfies the needs of the
construction of “four centers” in Shanghai
(3)The commercial mediation system can help relieve the pressure
of people’s courts in trial of commercial cases
• With the rapid growth of Shanghai economy, especially the on-going
construction of “four centers”, all levels of judicial organs in Shanghai will
come up with increasing pressure. Therefore, the establishment of the
Commercial Mediation Center enables parties to disputes access to
humanized legal services for commercial mediation or reconciliation in
addition to litigations and thus helps relieve the pressure of judicial
resources that are becoming increasingly tight in Shanghai.
2.Characteristics of Commercial Mediation
Efficiency
ConvenientEconomic
Flexible
Confidential
As is known to all, litigation, arbitration and mediation are general
approaches adopted by all nations in the world to resolution of
commercial disputes. Each approach has its own distinct features and
comparative advantages. In Shanghai Commercial Mediation Center,
commercial mediation practices of over a year indicate, as an approach
to resolution of commercial disputes, mediation is non-litigant, non-
antagonistic, procedurally flexible, economical and labor-saving, non-
offensive and is targeted at “dispute is settled upon conclusion of the
case”, hence mediation is more agreeable with the law and
characteristics of commercial disputes and is more acceptable to
merchants.
2.Characteristics of Commercial Mediation
• The first difference between mediation and litigation & arbitration is
that parties to disputes have the final say on whether the dispute is to be
settled or not, to what extent the dispute is to be settled and the speed at
which the dispute is to be settled, and what the mediator does is only to
give full play to the inner motivation of self-redemption of parties to
disputes in virtue of his/her own professional knowledge and skills on the
basis that the details of the case have been cleared, in order to maximize
the interests of parties to disputes.
• The second difference between mediation and litigation & arbitration is that
mediation follows the confidentiality principle, which is more advantageous
compared with litigation. The fundamental principle of “open trial” in judicial
trials followed by our nation considerably conflicts with the characteristics of
commercial disputes and hence is not feasible for parties to disputes to
achieve the win-win goal without outside interference. Moreover,
confidentiality is principle that shall be abided by commercial mediation
institutions and each mediator. Shanghai Commercial Mediation Center has
signed with each mediator a confidentiality agreement, the scope of which
includes the contents of disputes, details and processes of mediation, results
of mediation, etc. Mediation and resolution of commercial disputes under the
confidentiality agreement helps parties to disputes sufficiently negotiate with
each other without outside interference in order to realize the efficient
resolution of commercial disputes and the purpose of “dispute is settled upon
conclusion of the case”.
• The third difference between mediation and litigation & arbitration is that the
mediation attaches more importance to the mediator himself/herself. Surely,
mediation, litigation and arbitration all require highly qualified talents.
However, as for courts and arbitration institutions, their advantages more lie in
the team ability and institutional characteristics. Comparatively speaking,
without support from public power, mediators independently assume
mediation tasks when their personal charm, professional ability and moral
accomplishment are more valued. One of the reasons why Shanghai
Commercial Mediation Center is attracting more and more attention and is
recognized by parties to disputes is that the Center focuses on formation of an
“independent, impartial, professional and authoritative” mediation team. At
present, Shanghai Commercial Mediation Center has already been equipped
with a professional mediation team which plays a leading role in Shanghai and
even in the whole nation.
3.Descriptions of Working details
(1)Introduction of SCMC
Shanghai Commercial Mediation Center (SCMC) was
founded by Shanghai Services Federation, and approved
by both Shanghai Municipal Commission of Commerce
and Shanghai Bureau. Finally it was formally established
as the independent third party commercial mediation
mechanism on January 8 , 2011, and also as the first
organization specializing in trade and commercial
mediation.
The established ceremony of Shanghai Commercial
Mediation Center on January 8 , 2011.
Leadership for the Mediation
Center inaugurated.SCMC Signed Memorandum of Cooperation
with Hong Kong Mediation Council.
• SCMC owns a team which is composed of
experienced consultants. SCMC invites some
old leaders from Shanghai Municipal
People„s Congress,Shanghai Municipal
People‟s Government and Municipal CPPCC
to assume the consultant of SCMC for
Grasping the direction and offering advices.
• SCMC‟s team of mediation professionals not only
well understand Chinese culture, but also have in-
depth knowledge of domestic and foreign
commercial legal issues. The SCMC provides
domestic enterprises and foreign enterprises and
organizations in Shanghai with fast, efficient, cost-
effective and flexible services to reduce litigation
costs and time, and improve the overall efficiency of
dispute resolution.
lawyers
law professors
retired judges
professional
peoples
Composing TEXT
Our teams
Justness
Professional
Independent
Authority
Conditions
(2) SCMC service areas::
Adhering to the principles of “friendly
settlement”, the SCMC assists Chinese and
foreign parties in dispute resolutions in such
areas as trade, investment, finance,
securities, intellectual property rights,
technology transfer, real estate, project
contracting, transportation and insurance in
a fair, independent and professional
manner.
Purpose①
Principles②
Support③
(3)Introduction of the work run
① Purpose of SCMC
Business is businessCooperation to achieve the win-win goal
Highly flexible principle
② Principles of SCMC
Full of autonomy principle
Full of confidentiality
principle
③ Support
Court
•SCMC signed a cooperation agreement with the
Shanghai Arbitration Committee,to establish the
convergence of mediation and arbitration
mechanism.Mediation success can be issued by
the Shanghai Arbitration Committee summary
arbitral awards,to enhance the implementation of
the mediation book.
•SCMC as the Municipal Commission of Comme
rce only accredited commercial mediation orga
nization,and the Higher Court litigation and med
iation mechanism of convergence of the mediat
ion agreement, the parties may apply to the Peo
ple's Court have jurisdiction to confirm its effec
tiveness.
Arbitration
On July 8,2011,the Shanghai Municipal Higher People's ,the Shanghai Municipal Commission of Commerce and Shanghai Service
Federation jointly held "the commercial disputes mediation forum".ZhiyYupeng,the president of Shang Service Federation.;Sha
hailin,Shanghai Municipal Government Deputy Secretary-General,the Director of the Shanghai Municipal Commission of
Commerce;Sheng yongqiang ,the Shang Municipal Higher People's court vice president attended the forum.At the meeting ,the
Municipal Higher People's court vice persident Sheng Yongqiang and business of Gu Jiahe of vice director of committee
representing the high court and is the Municipal Commission of Commerce signed the ".The Shanghai Municipal Higher People's
court "the Shanghai Municipal Commission of Commerce seminar conference summary".
The Shanghai Municipal Higher People's Court and the Municipal Commission of
Commerce signed the minutes of the meeting on the lawsuit and intermediation
► SHAC and SCMC signed the cooperation agreement
Qiang Xu, Director of the SHAC and
Xiaoding Zhao, Chairman of
Administrative Committee of the SCMC,
signed the “Cooperation Agreement ”.
Shanghai Arbitration Commission (“SHAC”) and
Shanghai Commercial Mediation Center (“SCMC”) held
a ceremony for signing a cooperation agreement at the
Shanghai Services Federation (“SSF”) on the morning
of April 28, 2011. Chairman of the SSF,Yupeng Zhou
was also present and delivered an important speech.
Director and Deputy Director of the SHAC Qiang Xu
and Xiong Fang, and the SCMC‟s Chairman of
Administrative Committee Xiaoding Zhao, Director Wei
Zhang, Deputy Director Haige Li, counsels Guoming
Shen and Xiaobao Miao, and mediator representatives
Hong Wu, Hongchao Zhu and Jiyu Yuan attended the
ceremony.
►SCMC is the Supreme People's Court Division changed to included in
the multivariate dispute resolution mechanism subject project pilot units.
4、External Cooperation and Communication
4.1 SCMC Signed a Memorandum
of Cooperation with Hong Kong
Mediation Council
4.2 Established Cooperative relations with Singapore Mediation Centre
Singapore Mediation Center reception staff:
• Executive Director of the Singapore Mediation Centre Loong Seng Onn
Deputy Executive Director of the Singapore Mediation Centre Sabiha Shiraz
SCMC &CEDR accomplished with cooperation agreement4.3
SCMC & AIA accomplished with cooperation agreement4.4
SCMC & SCAI accomplished with cooperation agreement4.5
4.6 SCMC Successfully Held the 1st Shanghai-Hong Kong
Commercial Mediation Forum in Shanghai
The 1st Shanghai-Hong Kong Commercial Mediation Forum jointly organized by Shanghai
Commercial Mediation Center, Hong Kong Mediation Council and Hong Kong International
Arbitration Center was held in Shanghai Xing Guo Hotel on March 3. Huiling Jiang, Deputy
Director of Judicial Reform Office of the Supreme People‟s Court attended this meeting and
delivered an opening speech. Yupeng Zhou, President of Shanghai Services Federation and
Honorary Chairman of Shanghai Commercial Mediation Center, and Tan Huiyi, Director of
Hong Kong Economic and Trade Office in Shanghai, also delivered speeches in the opening
ceremony.
Huiling Jiang, Deputy Director of Judicial
Reform Office of the Supreme People‟s
Court attended this meeting and
delivered an opening speech.
Tan Huiyi, Director of Hong Kong Economic
and Trade Office in Shanghai attended this
meeting and delivered speeches in the
opening ceremony.
As a high-end seminar for professional commercial mediation, this forum invited the
domestic and foreign authoritative experts, scholars and experienced speakers in
commercial mediation to attend and make speeches. The speakers in this forum include
the following 13 persons: Wei Zhang, Director of Shanghai Commercial Mediation
Centre; Hong Wu, Dean of Law School of East China University of Political Science and
Law; Bing Woon Chan, Chairman of Hong Kong Mediation Council and Joint Mediation
Helpline Office Ltd.; Hongchao Zhu, Head and Senior Partner of Shanghai United Law
Firm; Danny McFadden, Asia Pacific Managing Director of Centre for Effective Dispute
Resolution, UK; Xiong Fang, Deputy Director of Shanghai Arbitration Commission; Huen
Wong, Chairperson of Hong Kong International Arbitration Centre; B. TED. Howes,
Partner of McDermott Will & Emery LLP; Lester G. Huang, Chairman of the Mediation
Committee of the Law Society of Hong Kong; Zhangchao Pan, Secretary-General of
Shanghai Insurance Association; Nicholas Longley, Partner of Holman Fenwick Willan
LLP; Michael Palmer, Dean of Law School of Shantou University; and John Lee, Council
Member of Hong Kong Institute of Arbitrators. They successively delivered exciting
speeches centering around four themes, i.e., characteristics and demands of
commercial mediation, commercial mediation rules and the applications, connection
between commercial mediation and litigation / arbitration, and promotion of commercial
mediation ,mechanism.
• After the establishment of Shanghai Commercial Mediation
Center, concrete efforts have been made to reinforce its
foundation and give full play to its multiple functions. We
believe, the commercial mediation system will surely play its
key role and reflect its social value in creating a diversified
dispute resolution mechanism independent from litigation and
arbitration, exploring a road fit for the commercial mediation
development in China, improving the grand social mediation
system and building a harmonious society in China.
Conclusion:
Thanks !