CCOIC – WTCM Conciliation Centre

COOPERATION AGREEMENT

In order to promote and enhance the development of trade, investment as well as economic exchange between People’s Republic of China (hereafter referred to as China) and Macau Special Administration Region (hereafter referred to as Macau), and taking into consideration the advantages of conciliation as a commercial dispute settlement mechanism, by assuring justice, high level of efficiency and low cost, China Chamber of International Commerce (hereafter referred to as CCOIC) and World Trade Center Macau (hereafter referred to as WTCM) agree as follows:

1. CCOIC and WTCM shall work together in promoting conciliation services as a commercial dispute settlement mechanism between China and Macau , namely in the fields of economy, trade, investment, finance, security, intellectual property, technology transfer, real estate, construction contract, transportation, insurance and other fields of commerce and maritime business.

2. CCOIC and WTCM agree to establish a center for the provision of conciliation services which shall be called CCOIC –WTCM Conciliation Centre (hereafter referred to as China-Macau Conciliation Centre). The China-Macau Conciliation Centre shares a common comprehensive set of rules and procedures and a common panel of conciliators. One chairman and one vice-chairman are respectively appointed from each party to provide the leadership for the center who will take up a rotating shift for a two-year term. Each party sets up a secretariat which is under the leadership of its own Secretary General to take charge of administrative and daily routine work. Each party can employ several consultants and shares a common seal (stamp). The China-Macau Conciliation Centre handles all the commercial and maritime business disputes between China and Macau regardless of which party received and accepted the petition.

3. CCOIC and WTCM shall jointly organize the following promotional activities for the business community and legislature of China and Macau:

  • exchange messages and publications regarding conciliation of disputes arising in the context of commercial business and further promote the conciliation settlement system in their respective publications; and
  • organize seminars, workshops and conferences on conciliation and arbitration.

4. To achieve the objectives of China-Macau Conciliation Center, CCOIC and WTCM shall share a common panel of conciliators and provide with the necessary help in appointing conciliators, experts and consultants. According to the business development, CCOIC and WTCM shall also provide assistance in terms of facilities and administration services in order to support the conciliation proceedings.

5. Conciliation shall be conducted either in Beijing or in Macau. It may also be conducted in another place as proposed by the parties in dispute. A conciliation fee shall be charged as per the Conciliation Fee Schedule agreed by CCOIC and WTCM, and in principle shall be shared equally between CCOIC and WTCM. However, the proportion of 50-50% can be changed depending on the real situation of each individual case.

6. The CCOIC and WTCM Conciliation Services Rules shall be formulated in due time.

7. This agreement shall be provided in four original copies, and each party will keep two copies.

China Chamber of International Commerce World Trade Center Macau

Representative:

 

 

Representative:

 

 

Date: December 16, 2002

Date: December 16, 2002