中文 | English
Log-in

Chinese-Law:DeHeng Promotes the Establishment of BNRSC

一带一路服务机制BNRSC Published 2016-10-19 14:29 Prev Next

On Morning of October 18th, 2016, "Beijing Retio Legal and Commercial Service for Belt and Road Initiative" was established, and the online operation of central mediation system was grandly held at the Focus Place of Financial Street in Beijing. Yanzhen Zhang, Chairman of China Legal Aid Foundation,Yuansheng Zhou, Director of the Lawyer 's Notarization Instruction Department of the Ministry of Justice, Zhanshan Hu, Secretary-General of the China Legal Aid Foundation, Huiwei Wang, Executive Deputy Director of the Office of Judicial Reform of the Supreme People 's Court, Yan Yang, President of Filing Court of the Supreme People’s Court,Qun Wang, Deputy director of Beijing Bureau of Justice, Feng Chen, Chairman of China Chamber of Commerce of Metals Minerals & Chemicals Importers & Exporters (CCCMC), Guowang Lin, Deputy Director of Beijing Civil Affairs Bureau,Zheng Zhang, Deputy Director of Beijing Lawyers Association etc. attended the ceremony and experienced the on-line operation of the commercial mediation.


"Up to now the investment by China for Belt and Road in corresponding states has amounted to 51.1 billion dollars. China has already signed 12,500 engineering contracts. " Commented Li Wang, the director of the Centre in her speech, "however, disputes and risk exist in the investment cooperation. Besides the political, religious and cultural risks, the most outstanding are the legal and financial risks, which require the resolution legally, efficiently and conveniently.


Beijing Retio Legal and Commercial Service for Belt and Road Initiative was initiated by Beijing DeHeng Public Welfare Foundation in combination with China Chamber of Commerce of Metals Minerals & Chemicals Importers & Exporters (CCCMC) , China Overseas Development Association (CODA) and China International Chamber of Commerce for Private Sectors (CICCPS). It performs the legal and policy research and study for Belt and Road, cooperates, communicates, provides legal and business consultation, training and commercial mediation as well as undertakes the commission.


After the service centre was established, the International Commercial Mediation Centre for Belt and Road come into existence. The mediation centre undertakes the duty of Mediation Committee of the Belt and Road Service Connections under the Belt and Road International Commercial Mediation Rules, in order to assist the parties of the disputes and to settle the dispute through on-and off-line in the Belt and Road international commercial conflicts.


Feng Chen, Chairman of CCCMC pointed out: “Chinese companies frequently encounter anti-trust, anti-dumping and Countervailing in international market, sometimes even hard battle. The establishment of Beijing Retio Legal and Commercial Service for Belt and Road Initiative offers a new option urgently needed by the companies for the dispute resolutionwith lower cost.


Beijing Law Association is the supervisor of Beijing Retio Legal and Commercial Service for Belt and Road Initiative. The Initiative was administratively permitted and authorized by Beijing Civil Affairs Bureau. The Office of Judicial Reform of the Supreme People 's Court conducts the guide for the work of the initiative. Yan Yang, President of Filing Court of the Supreme People’s Court raised the specific requirement for the registration and training of the mediators. Yuansheng Zhou, the Director of the Lawyer 's Notarization Instruction Department of the Ministry of Justic and Hongyuan Yu, director of Beijing Bureau of Justice placed a high expectation for high-quality service. Yanzhen Zhang, Chairman of China Legal Aid Foundation emphasized that the establishment of the centre should reflect the value orientation of equity and public welfare.


The Formal Operation of the Belt and Road International Commercial Mediation Centre Online Mediation System.


At 10:18 a.m. October 18th, the Belt and Road International Commercial Mediation Centre Online Mediation System (www.bnrsc.com) officially started.


The online system of the Mediation Center is a platform integrating the internet supporting technologies of application for mediation, appointment of mediators, mediation process and production of mediation documents together with the functions of introduction of mediation rules, case studies, mediation resource integration, online mediation, and the connection of litigation and mediation. It is online dispute mediation system of integration and share of all resources. The online dispute resolution (ODR) platform provides a more efficient work platform for both the parties and mediators with higher mediation efficiency and lower cost. It is a useful try for diversified dispute resolution mechanism. Up to now, 106 mediators have logged onto the International Commercial Online Mediation System and officially provided their services.


Yanzhen Zhang, Chairman of China Legal Aid Foundation,Yuansheng Zhou, Director of the Lawyer 's Notarization Instruction Department of the Ministry of Justice, Huiwei Wang, Executive Deputy Director of the Office of Judicial Reform of the Supreme People 's Court etc. issued the certificates for the first mediators. Chairman Zhang congratulated the establishment of the two centres and the operation of the website, and hoped that the certer shall make constent exploration and innovation, and solve practical problems with sincere services.


It is learnt that the parties of the BNRSC should first submit their disputes to the Belt and Road international commercial mediation centre for mediation according to the mediation rules if they have any disputes or disagreements. If the mediator gives up the mediation or the disagreement or dispute can not be settled through mediation, the parties of the disputes can submit their dispute or disagreement to arbitration or law suit. The mediation with harmonization as the core value is the diversified dispute resolutionmechanism created with Chinese philosophy and wisdom.


Preparation has been made for over a year before the establishment of the Belt and Road International Commercial Mediation Centre and the operation of the online mediation system Chinese companies are in urgent need of legal services during their outbound investment, and the Ministry of Justice also pays high attention to it. In October of 2015, AiYing WU, Minister of the Ministry of Justice and secretary of the Party Committee of the Ministry of Justice presided over the party group meeting, and emphasized to strengthen the theoretical and practical research, in order to make contribution to the promotion of the Belt and Road construction. In November 2015, the Ministry of Justice issued Opinion Concerning the Justice and Administrative Work Service for Belt and Road Construction, making the arrangement for serving the Belt and Road construction by the judicial administrative work. According to Yuansheng Zhou, director of the Lawyer 's Notarization Instruction Department of the Ministry of Justice, the Ministry of Justice established research centre for the Ministry of Justice’s service for Belt and Road, in order to research and support for the Chinese enterprises going abroad, and to provide them high quality legal services. Under the guidance from the ministry of justice and the support of the Supreme Court, the Belt and Road Commercial Mediation Centre was officially established.


An Exploration of Diversified Dispute Resolution Mechanism


Huiwei Wang, Executive Deputy Director of the Office of Judicial Reform of the Supreme People 's Court announced the decision of the Office of Judicial Reform, confirming that the Beijing Retio Legal and Commercial Service for Belt and Road Initiative as the sub-project of the diversified dispute resolutionentity for Supreme People’s Court.


In the progress of China’s depening the overall reform to achieve the rule of law, the Supreme People’s Court takes the establishment and application of the diversified dispute solutions as the essential content of the judicial reform. In the Belt and Road construction, the Supreme People’s Court insists on the justice for the people, constent improvement, perfection and reform of the service for the justice equality, efficiency and convenience. On June 16, 2016, the Supreme People’s Court issued Several Opinions of the Supreme People's Court on the Provision of Judicial Service and Guarantee by People's Courts for the "One Belt and One Road" Construction, and on June 28, 2016, enacted Opinions of the Supreme People's Court on Further Deepening the Reform of the Diversified Dispute Settlement Mechanism by People's Courts, in pursuant to Opinion of Improvement of the Diversified Conflict and Dispute resolutionMechanism by General Office of the CPC Central Committee and State Council..


It is known that Beijing Retio Legal and Commercial Service Center for Belt and Road Initiative is a new achievement of diversified dispute resolutionmechanism under the guidance of the Office of Judicial Reform of the Supreme People 's Court through several discussions, researches and joint promotion. The establishment of the initiative is a Chinese solution for the international commercial resolution, which absorbs Chinese traditional mediation culture and learns from the modern mediation experience. It will play an important role in the solution for the various potential commercial disputes in Belt and Road Construction.


Huiwei Wang pointed out in his speech, that the establishment of the centre is a great experiment for lawyers to provide legal service and guarantee for Belt and Road, namely a significant national strategy. It is also a practice base to promote the interdisciplinary integration of various dispute resolutionmechanisms, to create new system for commercial mediation and develop some creative mechanism.


Wanming Yang, the president of Beijing Higher People’s Court, sent a congratulatory message and hoped that the centre utilizes its efficient and convenient mediation mechanism and professional and legal knowledge to provide the parties of the international commercial cooperation with high-quality legal services. That could exhibit a good image of the lawyers of Beijing and make a contribution for the Belt and Road construction. Huiling Jiang, director of China Applied Law Institution wished in his congratulatory message, that under the leadership of the Office of Judicial Reform of the Supreme People 's Court, under the management and supervision of the superior organ, and with the strong support from different sides, Beijing Retio Legal and Commercial Service for Belt and Road Initiative as and the Commercial Mediation Centre can lead the trend, live up to the expectation, provide China with world-class legal and business service and make contribution for the world with special Chinese experience.


0.0494s