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COMMERCIAL DISPUTE RESOLUTION IN EXHIBITION
COMMERCIAL DISPUTE FREQUENTLY ASKED QUESTIONS
- China International Import Expo
Commercial Dispute Prevention and Complaint Settlement Service
Q&A - Q1: What shall be noticed when negotiating and concluding transactions during the China International Import Expo?
- A1: Exhibitors and buyers of the China International Import Expo (the CIIE) should follow the principles of fairness, voluntariness, equality and good faith when negotiating and reaching transaction intentions and entering into and performing contracts. The CIIE suggests that both exhibitors and buyers sign written contracts after signing letters of intent, and clarify contract terms, including contract object, quantity, quality, price or remuneration, deadline, place and method of performance, liability for breach of contract and dispute resolution method. Contract contents should be clear, specific and complete enough to prevent risks and resolve disputes in a timely manner.
- Q2: How to deal with commercial disputes between exhibitors and buyers?
- A2: The CIIE encourages exhibitors and buyers to resolve commercial disputes through amicable negotiation. Dispute resolution methods agreed by both parties previously can be resorted to for those disputes which can not be resolved through negotiation. According to the Measures for Commercial Dispute Prevention and Settlement of Complaint at The China International Import Expo (hereinafter referred to as “the Measures”) the Service Center for IPR Protection and Commercial Dispute Resolution may be requested to mediate during the CIIE for commercial disputes falling under the scope of the Article 9.
- Q3: What services does the Service Center for IPR Protection and Commercial Dispute Resolution provide for the prevention and settlement of commercial disputes?
- A3: The Service Center for IPR Protection and Commercial Dispute Resolution established during the CIIE mainly focuses on providing commercial legal consultation services to the consultant for reference, and accepting commercial disputes and complaints. The CIIE and the China International Economic and Trade Arbitration Commission (CIETAC) and other departments jointly dispatch staff to the Service Center to provide professional services for exhibitors and buyers.
- Q4: What are the specific contents of consulting services for the prevention and settlement of commercial disputes the Service Center for IPR Protection and Commercial Dispute Resolution can provide?
- A4: The Service Center for IPR Protection and Commercial Dispute Resolution can carry out various forms of commercial legal consulting services, publish and issue relevant consulting materials, provide information on China's foreign trade laws and regulations, legal risk prevention for international trade, commercial arbitration, etc., and help exhibitors and buyers better understand the Chinese legal policy environment and guide enterprises to regulate their transactions.
- Q5: Under what conditions commercial disputes and complaints can be filed to the Service Center for IPR Protection and Commercial Dispute Resolution?
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A5: In accordance with the Article 9 of Measures for Commercial Dispute Prevention and Settlement of Complaint at The China International Import Expo, all the following conditions should be met for filing commercial disputes and complaints:
(i) The complainant and the respondent should be the exhibitors or buyers of the CIIE, and they should be present at the exhibition hall;
(ii) The complainant should complain to the Service Center, and the Service Center does not accept complaints in such other forms as telephone or email;
(iii) The complainant should provide the materials specified in Article 10 of the Measures. - Q6: How would the Service Center for IPR Protection and Commercial Dispute Resolution handle complaints received if the respondent is not present at the exhibition hall?
- A6: During the CIIE, commercial disputes and complaints filed against a respondent who is absent at the exhibition hall to the Service Center for IPR Protection and Commercial Dispute Resolution should be resolved through other means by the parties concerned. The Service Center can also assist the complainant to contact the relevant departments or agencies who would coordinate and handle its complaint according to laws and regulations.
- Q7: What materials should the complainant provide when filing commercial disputes and complaints to the Service Center for IPR Protection and Commercial Dispute Resolution?
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A7: According to the Article 10 of the Measures for Commercial Dispute Prevention and Settlement of Complaint at The China International Import Expo, the complainant should provide the following materials when making a complaint:
(i) Complaint applications;
(ii) The valid credentials and relevant identification documents of the complainant of the current CIIE;
(iii) Evidence materials related to disputes, including but not limited to transaction contracts, payment vouchers, correspondence, etc.;
(iv) The power of attorney and the identity document of the entrusted agent should be provided if the complaint is claimed by an agent. The power of attorney should be signed or sealed by the principal, and the commissioned matters and authority should be recorded.
(v) Other materials that the Service Center deems as necessary. - Q8: What are the specific requirements for the form and contents of commercial disputes and complaints filed by the complainant?
- A8: All materials submitted by the complainant should be true, lawful and valid. Materials in foreign languages should be accompanied by Chinese versions.
- Q9: How will the Service Center for IPR Protection and Commercial Dispute Resolution handle after receiving complaint materials concerning commercial disputes?
- A9: The Service Center for IPR Protection and Commercial Dispute Resolution should accept the complaints after receiving the complaint materials if they comply with Articles 9 and 10 of the Measures for Commercial Dispute Prevention and Settlement of Complaint at The China International Import Expo, and notify the respondent according to the contact information of the respondent provided by the complainant. The Service Center should ask for information from both the complainant and the respondent and make meditation for both parties.
- Q10: What will the Service Center for IPR Protection and Commercial Dispute Resolution do after successful mediating commercial disputes and complaints received?
- A10: If the Service Center for IPR Protection and Commercial Dispute Resolution successfully mediates the commercial disputes received, it may make a mediation agreement on which the parties concerned or their entrusted agents should stamp or sign; both parties may also sign a settlement agreement on their own.
- Q11: After exhibitors and buyers have settled the commercial disputes between the two parties and signed a mediation or settlement agreement, what methods can be adopted if an arbitral award is considered necessary by the parties concerned?
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A11: If the exhibitor and the buyer reach a settlement on the commercial disputes between the two parties and sign a mediation agreement or settlement agreement, they may request the China International Economic and Trade Arbitration Commission (CIETAC), according to the arbitration agreement reached between the two parties, to make an arbitral award in accordance with the contents of the mediation agreement or settlement agreement.
The arbitral award has the enforcement effectiveness and both parties should perform the arbitral award in a timely and comprehensive manner. If one party fails to perform, the other party may apply to the court of competent jurisdiction for enforcement according to law. - Q12:. What should be done if there are still disputes between exhibitors and buyers after the mediation of disputes by the Service Center for the IPR Protection and Commercial Dispute Resolution?
- A12: If there are still disputes between the two parties after the mediation of disputes received by the Service Center for IPR Protection and Commercial Dispute Resolution, the two parties may handle in line with the dispute resolution agreed previously; if there is no agreement, a specific agreement can be made on the dispute resolution method.
- Q13: What shall be noticed by the exhibitors and buyers when commercial disputes arising and negotiation and settlement conducting for such disputes during the CIIE?
- A13: Exhibitors and buyers should cooperate with the Service Center for IPR Protection and Commercial Dispute Resolution, comply with the relevant regulations on the order management of the CIIE and should not affect the order of the exhibition due to disputes. For those impairing the order of the exhibition, the Service Center will handle according to the relevant regulations of the order management of the exhibition.
- Q14: How will the Service Center handle the complaint materials after each China International Import Expo?
- A14: The Service Center for IPR Protection and Commercial Dispute Resolution establishes a complaint filing system for promptly sorting out complaints and settlement situations and conducting statistical analysis. Relevant information can be used as a reference for the qualification review of the next CIIE.