(Adopted at the 30th Session of the Standing Committee of the Tenth Zhuhai Municipal People’s Congress on November 21, 2024)
Contents
Chapter I General Provisions
Chapter II Commercial Mediation Organizations and Commercial Mediators
Chapter III Commercial Mediation Procedure
Chapter IV Commercial Mediation Agreement
Chapter V Supervision and Administration
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1. In accordance with the fundamental principles of relevant laws and administrative regulations, the provisions of the Master Plan for the Construction of Guangdong-Macao In-Depth Cooperation Zone in Hengqin and the Regulations on Promoting the Development of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin, and taking into account the actual circumstances of the Cooperation Zone, these Regulations are hereby formulated to optimize the business environment of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin (hereinafter referred to as the “Cooperation Zone”), enhance the diversified commercial dispute resolution mechanism, foster the market-oriented and law-based development of commercial mediation, facilitate the timely and effective resolution of commercial disputes, and safeguard the lawful rights and interests of the parties involved.
Article 2. These Regulations shall apply to commercial mediation activities undertaken by commercial mediation organizations within the Cooperation Zone, and to the supervision and administration related thereto.
For the purposes of these Regulations, “commercial mediation” refers to a process in which parties, under the guidance and coordination of a lawfully established commercial mediation organization, voluntarily reach a mediation agreement through equal consultation, with the aim of amicably resolving contractual disputes and other disputes concerning property rights and interests in the commercial sphere. This definition excludes disputes relating to personal relationships, marriage and family matters, property inheritance, labor disputes, or any other disputes deemed unsuitable for commercial mediation by law.
For the purposes of these Regulations, a “commercial mediation organization” refers to a non-profit legal entity, lawfully established within the Cooperation Zone, that is dedicated to providing commercial mediation services.
Article 3. Commercial mediation shall be conducted in accordance with the principles of voluntariness, equality, confidentiality, good faith, and efficiency. The mediation shall fully respect party autonomy, and shall not contravene mandatory provisions of laws or regulations, nor shall it prejudice national interests, the public interest, or the legitimate rights and interests of third parties.
Article 4.Commercial mediation shall be conducted independently, free from any interference by administrative organs, social organizations, or individuals.
Article5.The Legal Affairs Bureau of the Cooperation Zone shall be responsible for overseeing and administering the professional activities of commercial mediation organizations and commercial mediators.
Article 6.The people’s courts and arbitration institutions situated within the Cooperation Zone shall encourage and guide parties to utilize commercial mediation for the resolution of commercial disputes.
Article7.The Cooperation Zone shall support commercial mediation organizations, subject to their compliance with domestic regulatory requirements and proper registration with relevant authorities, in engaging qualified individuals from the Macao Special Administrative Region, Hong Kong Special Administrative Region, and other overseas jurisdictions who possess professional expertise and international standing as commercial mediators.
Chapter II Commercial Mediation Organizations and Commercial Mediators
Article 8.Organizations seeking to establish commercial mediation services shall satisfy the following requirements and complete registration procedures in accordance with applicable laws and regulations following examination and approval by the Legal Affairs Bureau of the Cooperation Zone:
1. The name of the organization shall contain the phrase “commercial mediation”;
2. The organization shall possess its own articles of association, domicile, personnel, and operational facilities;
3. The organization shall meet any other conditions stipulated by laws, regulations, rules, or normative documents of the Cooperation Zone.
Article 9. Commercial mediation organizations that intend to modify their name, domicile, legal representative, articles of association, or other material particulars shall, after going through examination and obtaining approval by the Legal Affairs Bureau of the Cooperation Zone, apply to the competent registration authority for registration amendments, approvals, or filings.
Article 10. Commercial mediation organizations shall, upon examination and approval by the Legal Affairs Bureau of the Cooperation Zone, be required to cancel their registration in accordance with applicable legal and regulatory provisions under any of the following circumstances:
1. Voluntary dissolution of the organization;
2. Failure to maintain the establishment requirements prescribed in these Regulations and continued non-compliance following remedial measures within the prescribed timeframe;
3. Revocation due to violations of applicable legal or regulatory provisions;
4. Any other circumstances specified under applicable laws and regulations.
Article 11. Commercial mediation organizations shall establish and maintain comprehensive systems governing operational management, financial administration, complaint resolution, and record-keeping. Such organizations shall oversee commercial mediators’ adherence to applicable laws, regulations, and professional ethical standards during mediation proceedings.
The roster of commercial mediators, the commercial mediation rules, and the fee schedules adopted by commercial mediation organizations shall be made publicly available.
Article 12.Commercial mediation organizations shall arrange and provide pre-service training and ongoing regular training for their commercial mediators.
Article 13. Commercial mediators shall be appointed by commercial mediation organizations and shall conduct all mediation activities under the auspices of the appointing organization.
Article 14.Individuals serving as commercial mediators shall satisfy the following criteria:
1. Possess a thorough understanding of commercial laws, regulations, commercial transaction rules, and prevailing customs;
2. Demonstrated integrity, good character, professional diligence, and commitment to commercial mediation practice;
3. Have successfully completed the pre-service training program administered by the commercial mediation organization;
4. Meet any other conditions stipulated by applicable laws and regulations.
Article 15.In the course of conducting commercial mediation activities, commercial mediators shall adhere to the following requirements:
1. Conduct mediation based on the principle of party voluntariness;
2. Conduct commercial mediation in a fair manner and avoid partiality;
3. Refrain from pursuing personal interests in connection with mediation agreements;
4. Maintain strict self-discipline and integrity, and shall not solicit or accept property or other benefits from parties;
5. Exercise duties with dedication and diligence, and resolve commercial disputes efficiently and expeditiously.
Article 16. Commercial mediation organizations, commercial mediators, and support staff shall maintain strict confidentiality regarding all information disclosed during mediation proceedings and concerning mediation results, except where:
1. All parties provide written consent to disclosure;
2. Disclosure is necessary to facilitate performance or enforcement of a mediation agreement;
3. Disclosure is mandated by law.
Chapter III Commercial Mediation Procedure
Article 17. Parties may engage commercial mediation organizations either pursuant to pre-existing contractual provisions or by mutual agreement following the emergence of a commercial dispute.
Article 18. Commercial mediation shall primarily be conducted in accordance with the mediation rules of the commercial mediation organization. Where the parties have otherwise agreed, such agreement shall prevail, except where it is impracticable or conflicts with mandatory provisions of laws or regulations.
Article 19.Parties may jointly select one or more commercial mediators from the official roster maintained by the commercial mediation organization. Alternatively, they may request the organization to appoint one or more commercial mediators to conduct the mediation.
Where a commercial mediation involves a specialized professional field, the parties, with the confirmation and consent of the commercial mediation organization, may select one or more mediators from other professional mediation institutions that have a cooperative arrangement with the said commercial mediation organization. Alternatively, they may request the organization to appoint one or more mediators from such cooperating professional mediation institutions.
The commercial mediation organization shall promptly notify the selected or appointed commercial mediator(s). The mediator(s) shall, within ten (10) days from the date of receiving such notification, decide whether to accept the engagement. Failure to confirm acceptance within this period shall be deemed a refusal.
Article 20. During the selection of commercial mediators or the conduct of commercial mediation activities, where a commercial mediator believes they have an interest related to one party that may affect the fairness or independence of mediation, they shall disclose the relevant circumstances to all parties. Following such disclosure, the parties may, by mutual written agreement, choose to proceed with the same mediator or select, or request the designation of, a different mediator.
Article 21. Commercial mediators may, while respecting the parties’ autonomy and preferences, draw upon applicable laws and regulations, industry standards, established commercial practices, and customary trade usage in conducting mediation.
Article 22. Commercial mediators may, in consultation with the parties, conduct commercial mediation through various means including in-person sessions, written communications, telephone, email, voice calls, video conferencing, and online platforms.
Article 23. Parties may agree upon a specific period for mediation. Where no such agreement exists or the agreed period is unclear, the commercial mediation shall be concluded within thirty days from the date of mediator appointment, unless all parties consent to an extension.
Article 24. Mediation shall be terminated under any of the following circumstances:
1. A party withdraws the mediation application or expressly indicates unwillingness to continue mediation;
2. Parties engage in malicious collusion or fabricate facts in a manner that prejudices national interests, the public interest, or the legitimate rights and interests of third parties;
3. Parties fail to reach a mediation agreement by the expiration of the mediation period and do not unanimously agree to extend such period;
4. The commercial mediator, after consulting with all parties and considering the circumstances of the case, determines that continued mediation is inadvisable;
5. Other circumstances warranting termination.
Chapter IV Commercial Mediation Agreement
Article 25. Where parties reach agreement through commercial mediation, a written commercial mediation agreement shall be executed.
The commercial mediation agreement shall take effect from the date on which it is signed or sealed by all parties, signed by the commercial mediator(s), and affixed with the official seal of the commercial mediation organization.
Article 26. A commercial mediation agreement shall generally include the following particulars:
1. Basic information concerning the parties;
2. Background information regarding the commercial dispute and matters in controversy;
3. Terms agreed upon by the parties, including provisions on performance methods, timeframes, and confidentiality;
4. Such other matters as the parties may require to be included.
Article 27. Applications for judicial confirmation of commercial mediation agreements shall be jointly submitted by all parties to the people’s court within thirty (30) days of the agreement’s effective date.
Upon the court’s lawful confirmation, where a party fails to perform or performs in a manner inconsistent with the agreement, the other party is entitled to apply to the competent people’s court for compulsory enforcement in accordance with applicable law.
Article 28. Where a commercial mediation agreement contains payment obligations, parties may apply to a recognized notary institution for notarization of the said agreement as a creditor’s instrument possessing compulsory enforcement effect.
Should one party fail to perform, or perform in a manner inconsistent with the terms of, a creditor’s instrument that has been lawfully endowed with compulsory enforcement effect by a notary institution, the other party is entitled to apply to the competent people’s court for compulsory enforcement in accordance with applicable law.
Article 29. For commercial mediation agreements requiring monetary payments or delivery of negotiable securities, parties may apply to the people’s court for a payment order in accordance with law.
Article 30. Parties may include arbitration clauses in mediation agreements and select arbitration institutions to issue arbitral mediation awards or arbitral decisions confirming the validity of the mediation agreement.
Chapter V Supervision and Administration
Article 31. The Legal Affairs Bureau of the Cooperation Zone shall oversee and guide commercial mediation activities, encourage and support commercial mediation organizations in establishing internationally aligned mediation rules, promote the development of industry integrity systems, and publicly disclose administrative penalty information.
Where commercial mediation activities involve other specialized fields, the Legal Affairs Bureau may coordinate with relevant departments of the Cooperation Zone to conduct joint oversight and guidance.
Article 32. The Legal Affairs Bureau of the Cooperation Zone may, as necessary, formulate specific implementing provisions for specialized matters addressed in these Regulations.
Article 33. The Legal Affairs Bureau of the Cooperation Zone shall, in accordance with applicable laws and regulations, conduct a preliminary review of annual reports submitted by commercial mediation organizations. Upon passing thel preliminary review, the commercial mediation organizations shall submit such reports to registration authorities for annual inspection.
Annual reports of commercial mediation organizations shall include:
1. The organization’s compliance with applicable laws, regulations, and national policies;
2. Changes to registration particulars and completion of registration procedures;
3. Establishment of systems required under these Regulations;
4. Public disclosure of mediator rosters, mediation rules, and fee schedules;
5. Activities conducted pursuant to the organization’s articles of association;
6. Training programs organized for commercial mediators;
7. Financial management practices;
8. Such other information as may be required by applicable laws, regulations, and rules.
Article 34. The Legal Affairs Bureau of the Cooperation Zone shall provide guidance and support for the establishment of a commercial mediation association to promote industry self-regulation.
The articles of association of the commercial mediation association shall be formulated by its general meeting of members and filed with the Legal Affairs Bureau for record.
Article 35.The commercial mediation association shall perform the following duties:
1. Ensure that its members conduct their business activities in accordance with the law and safeguard the lawful rights and interests of its members;
2. Formulate codes of professional ethics for commercial mediators and disciplinary measures for members, and accept, investigate, and handle complaints against members;
3. Develop model commercial mediation rules;
4. Establish service standards for the commercial mediation industry;
5. Engage in other activities conducive to the advancement of the commercial mediation industry.
Chapter VI Legal Liability
Article 36. Where commercial mediation organizations engage in any of the following conduct, the Legal Affairs Bureau of the Cooperation Zone shall, depending on the severity of the circumstances, impose warnings or order suspension of operations for rectification for a period of no less than one month but no more than six months, and may impose fines of up to RMB 100,000; where illegal gains have been obtained, such gains shall be confiscated:
1. Deficient internal governance or failure to establish relevant systems as required by these Regulations;
2. Failure to publicly disclose mediator rosters, mediation rules, and other required information;
3. Failure to organize pre-service training for commercial mediators;
4. Disclosure of information obtained during mediation proceedings or mediation results.
Where commercial mediation organizations are penalized for the violations specified in the preceding paragraph, the Legal Affairs Bureau of the Cooperation Zone shall conduct cautionary interviews with the principal responsible persons, order rectification, and supervise remedial measures.
Article 37. Where commercial mediators engage in any of the following conduct, the Legal Affairs Bureau of the Cooperation Zone shall issue warnings and may impose fines of up to RMB 10,000; where illegal gains have been obtained, such gains shall be confiscated; where such conduct constitutes a criminal offense, criminal liability shall be pursued in accordance with law:
1. Unauthorized collection of fees or acceptance of property or other benefits from parties;
2. Threatening or offering inducements to parties;
3. Malicious collusion with parties or third parties to the detriment of other parties’ rights and interests;
4. Disclosure of information obtained during mediation proceedings or mediation results.
Where commercial mediators are penalized for the violations specified in the preceding paragraph, the Legal Affairs Bureau of the Cooperation Zone shall conduct cautionary interviews with the principal responsible persons of their respective commercial mediation organizations and order the said organizations to strengthen personnel management.
Article 38. Where parties engage in any of the following conduct and cause losses to others, relevant legal liability shall be pursued in accordance with law:
1. Malicious collusion in sham mediation;
2. Improper interference with, threats against, or coercion of commercial mediation organizations or commercial mediators;
3. Fabrication of materials to fraudulently obtain commercial mediation agreements;
4. Usage of false commercial mediation agreements to engage in fraudulent activities;
5. Forgery, alteration, or trading in forged or altered commercial mediation agreements or organizational seals of commercial mediation organizations.
Chapter VII Supplementary Provisions
Article 39. These Regulations shall take effect on January 1, 2025.
This English translation is for reference only. The Chinese version shall prevail in case of any inconsistencies.