【Title】 Beijing Arbitration Commission Mediation Rules
【Promulgator】  
【Promulgation Date】 20080401
【Implement Date】 20070920
【Effectiveness】 Effective
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Beijing Arbitration Commission Mediation Rules

(Adopted at the First Meeting of the Fifth Session of the Beijing Arbitration Commission on September 20, 2007. Effective as from April 1, 2008)

Article 1 All contractual disputes or other disputes over rights and interests in property between natural persons, legal persons and other organizations may be referred to the Beijing Arbitration Commission (hereinafter referred to as "the BAC") for mediation.

Article 2 Where parties to a dispute provide for mediation of the dispute by the BAC, these Rules shall apply. If the parties have agreed to the application of a different procedure or a different set of mediation rules, their agreement shall prevail.

These rules shall not apply in the conciliation presided over by an arbitral tribunal during the process of arbitration.

Article 3 Mediation shall follow the principle of voluntary participation by the parties.

Article 4 The BAC accepts cases based upon the Request for Mediation by one or more parties.

Article 5 The party applying for mediation with the BAC should submit the following documents:

(1) a written Request for Mediation, which shall include:

(a) the names, addresses, zip codes, telephone numbers, facsimile numbers and any other convenient means of contact of the parties involved;

(b) the requirements and the facts of the relevant dispute;

(2) other relevant documents or evidence, which can be declared as exclusive reference for the mediator;

(3) proof of the party's identity.

Article 6 The party filing a Request for Mediation shall include with the Request a registration fee.

Article 7 Upon accepting the case, the BAC shall deliver to each party the Notification of Mediation, these Rules and the Panel of Mediators.

Article 8 Within 10 days of the receipt of the Notification of Mediation, the other party shall submit to the BAC the following documents:

(1) its written opinion on whether the dispute shall be submitted to the BAC for mediation;

(2) its written opinion on the requirements of the counter party;

(3) other relevant documents or evidence, which can be declared as the reference only for mediator;

(4) proof of the party's identity.

Article 9 Any written documents submitted as exclusive reference for the mediator shall be submitted in one copy. If there are two or more mediators, the copies shall be added accordingly.

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