WTC Macau Arbitration Center



	CCOIC – WTCM Conciliation Centre CCOIC – WTCM Conciliation Services Rules Chapter 1 General Provisions Article 1 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 an international 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 to establish a centre for conciliation services, which shall be called the 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 centre 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). Article 2 To accomplish the above-mentioned objectives, these Rules are formulated with a view to settling, by means of conciliation, disputes arising from the fields of economy, trade, maritime business, etc. so as to promote the development of economic exchange between China and Macau. Article 3 These Rules apply to conciliation of disputes between the parties relating to economy, trade, finance, security, investment, intellectual property, technology transfer, real estate, construction contract, transportation, insurance and other fields of commerce and maritime business. Article 4 The China-Macau Conciliation Center accepts cases in accordance with a conciliation agreement reached between the parties in dispute, or in the absence of such agreement, in accordance with one party’s application for conciliation with the consent of the other party. Article 5 During the conciliation process, the principle of both parties’ freewill must be observed. Article 6 Conciliation shall be conducted on the basis of ascertaining facts; distinguishing right from wrong and determining liabilities; respecting the terms of the contract; complying with the law; following international practice and adhering to the principle of being just, fair and reasonable in order to bring about mutual understanding and concession between the parties so that an amicable settlement agreement can be reached. Article 7 The China-Macau Conciliation Centre maintains a Panel of Conciliators. The conciliators are selected and appointed respectively by CCOIC/WTCM from among impartial and upright personages with special knowledge and/or practical experience in economy, trade, finance, security, investment, intellectual property, technology transfer, real estate, construction contract, transportation, insurance and other fields of commerce, maritime business and/or law. Chapter II Conciliation Proceedings Article 8 Where the parties agree to submit their dispute to the China-Macau Conciliation Centre for conciliation, it shall be deemed that they have accepted to conciliate their dispute in accordance with these Rules, unless the parties have agreed otherwise, in which case it must have the approval of the China-Macau Conciliation Centre. Article 9 When applying for conciliation from the China-Macau Conciliation Centre, the applying party must satisfy the following requirements: Submit a written Application for Conciliation (in quadruplicate) which shall expressly indicate and/or produce: a) the names and addresses of the Applicant and the Respondent, including their post codes (zip codes), telephone, telegram and telefax numbers and E-mail addresses, if any, etc.; b) the conciliation agreement based on which the Application for Conciliation is submitted; c) the facts of the case, evidential materials and the claim; and d) other relevant items; Hand in Power of Attorney if conciliation agent is employed to participate in the conciliation proceedings; Appoint or authorize the China-Macau Conciliation Centre to appoint one conciliator from the Centre’s Panel of Conciliators; Pay 50% of the conciliation fee in advance as per the Conciliation Fee Schedule attached to these Rules. Article 10 Immediately after receiving the Application for Conciliation and its annexed related documents and finding the same to be in order, the Secretariat of the China-Macau Conciliation Centre shall forward one copy of the Application for Conciliation and its annexes to the Respondent. The Respondent shall within 30 days from the day of receipt of the said documents confirm his agreement to conciliation and appoint or authorize the China-Macau Conciliation Centre to appoint one conciliator from the Centre’s Panel of Conciliators, and at the same time, pay 50% of the conciliation fee in advance as per the Conciliation Fee Schedule attached to these Rules. Article 11 If the Respondent does not confirm his agreement to conciliation within the time limit (30 days) set forth in Article 10, it shall be deemed that he has rejected conciliation. If the Respondent confirms his agreement to conciliation after the expiry of the 30-day time limit, the China-Macau Conciliation Centre shall decide whether to accept the confirmation or not. Article 12 The two appointed conciliators shall jointly conciliate the case. The parties may also agree to have a sole conciliator to conciliate the case alone. If the parties reach such agreement but cannot agree on the appointment of the sole conciliator, the appointment shall be made by the China-Macau Conciliation Centre. Article 13 Conciliation shall be conducted in the respective Conciliation Centre. It may also be conducted in another place, either if the parties agree or request, and with the approval of the China- Macau Conciliation Centre, or the China-Macau Conciliation Centre makes such a proposal, and with the approval of the parties. The expenses incurred thereof shall be borne by the parties. Article 14 The conciliator(s) may conduct the conciliation in the manner he or they deem(s) appropriate. Article 15 Experts of relevant professions may be invited to participate and assist in the conciliation work if the conciliator(s) consider(s) it necessary and the parties agree. The expenses required shall be borne by the parties. Article 16 If the parties reach an amicable settlement agreement through conciliation, the parties shall affix their signatures on the agreement. Then, the conciliator(s) shall make a written Conciliation Statement in accordance with the contents of the settlement agreement. The Conciliation Statement shall be signed by the conciliator(s) and affixed with the seal (stamp) of the China-Macau Conciliation Centre. Article 17 Conciliation proceedings shall terminate on the day on which one of the following circumstances emerges: the Conciliation Statement is made in case of successful conciliation; the conciliator(s) deem(s) the success of conciliation impossible and declare(s) in writing a termination of the conciliation proceedings; or 3. the parties or one party declares in writing to the conciliator(s) (to the effect) that the conciliation proceedings be terminated. Chapter III Supplementary Provisions Article 18 The conciliator(s) may meet or communicate with the parties in the manner he or they deem(s) appropriate. Article 19 The conciliator(s) may choose to disclose or not disclose the information received from any party to the other party; however, if one party gives information to the conciliator(s) and requests that the information be kept confidential, the conciliator(s) shall respect the party’s will. Article 20 The parties shall cooperate in good faith with the conciliator(s), submit materials, produce evidence as requested by the conciliator(s) and attend conciliation meetings on time. Article 21 If conciliation fails, the conciliator(s) may be appointed by one of the parties as arbitrator(s) in the subsequent arbitration proceedings, unless the other party opposes such appointment. Article 22 If conciliation fails, the parties shall not invoke any statements, views, opinions or proposals that have been put forward, proposed, admitted or indicated to be acceptable by the parties or the conciliator(s) in the course of conciliation as grounds for claim or defense in the subsequent arbitration proceedings or litigation proceedings. Article 23 The conciliator(s) shall make a final decision on the proportion of conciliation fees to be borne by the parties, unless otherwise agreed by the parties. Article 24 These Rules shall be interpreted by CCOIC / WTCM. Article 25 These Rules are effective from January 1, 2003.