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 |
|