Diversified dispute resolution enhances the business environment in Qin'ao, and the country's first local regulation on commercial mediation is announced

2024-12-17

On December 16th, the Legislative Affairs Commission of the Standing Committee of the Zhuhai Municipal People's Congress and the Legal Affairs Bureau of the Hengqin Guangdong Macao Deep Cooperation Zone held a press conference to announce the "Hengqin Guangdong Macao Deep Cooperation Zone Commercial Mediation Regulations". The regulation was passed at the 30th meeting of the Standing Committee of the 10th Zhuhai Municipal People's Congress on November 21 and will come into effect on January 1, 2025. As the first local regulation in the country to regulate commercial mediation activities, it will help build a diversified commercial dispute resolution mechanism that promotes the coordinated development of litigation, arbitration, and mediation, support the development of the cooperation zone into a preferred place for international commercial dispute resolution, and provide institutional support for further optimizing the business environment of the cooperation zone and promoting better services for the moderate and diversified development of Macao's economy. The regulations are based on the various difficulties faced in the professionalization, standardization, marketization, and internationalization of commercial mediation, and clarify the legislative direction according to practical needs. By fully utilizing the legislative power of the Zhuhai Special Economic Zone and conducting pilot projects in the field of commercial mediation legislation, they continuously improve the pertinence, effectiveness, and adaptability of commercial mediation legislation. The regulation focuses on the actual situation of the cooperation zone and has made many innovative institutional arrangements. On the one hand, it fills the gap in the definition of the concept of commercial mediation in previous laws and regulations, and provides a clear definition of commercial mediation from both positive and negative perspectives by drawing on common practices outside the region. On the other hand, in response to the diverse forms of domestic commercial mediation organizations and varying levels of registration and management, the standardized subject types have been precisely defined, and it has been stipulated that the legal affairs bureau of the cooperation zone shall be the competent department for commercial mediation business in the cooperation zone; It is stipulated that commercial mediators must rely on commercial mediation organizations to carry out mediation activities, strengthen the management and training of commercial mediators by commercial mediation organizations, further improve the professional level and quality of commercial mediators, and promote the development of commercial mediation business in the cooperation zone. In addition, regarding the implementation of commercial mediation agreements, it has been clarified that commercial mediation agreements that have been reached and come into effect through mediation can be implemented through a series of effective and legal channels, ensuring the effectiveness of commercial mediation. The legislation of this regulation is an important measure to promote the innovation of diversified commercial dispute resolution mechanisms in the cooperation zone. It is a necessary requirement for building civil and commercial rules to connect with Macau and the international system. It also accumulates experience and provides reference for future legislation in related fields in mainland China. (New Society)

Edit:He Chuanning    Responsible editor:Su Suiyue

Source:southcn.com

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