Deep · Looking | Enterprises go to sea, add a new "Suzhou Road"!

"The court's mediation has eliminated disputes between the two companies and maintains the friendship between the two parties. Now we are also an important partner."

Manager Qin is the head of a machine manufacturer in Suzhou. Because of the international commercial contract dispute, he was sued by a Uganda company to the Suzhou International Commercial Court.

After the mediation of neutral reviewers in court, the two sides continued to cooperate. Today, Manager Qin's equipment can fill 240,000 bottles of drinking water for local residents of Africa every day.

As the first international commercial court in the country, the Suzhou International Commercial Court has been implemented for one year to implement the "neutral assessment and mediation" mechanism in the country's first foreign -related business disputes in the country. This professional, efficient, low -cost and personalized judicial services have injected new connotations into the improvement of diversified dispute resolution mechanisms, providing the "Suzhou path" for disputes in foreign business affairs, and effectively promoted the first -class business environment of Suzhou internationalization. Create.

"Specialize"

Cut the problem with the problem, maximize the protection of rights and interests

Uganda is a multi -lake country in eastern Africa and is known as the "Plateau Water Village". In Africa, which is universal, Uganda's drinking water production and sales business market has broad prospects.

In March 2020, a water industry company (referred to as aquatic industry company) in Uganda signed the "Purchase and Sale Contract" with Manager Qin (referred to as a mechanical company), and purchased a set of "bottle water blowing and irrigation integrated production line". The water treatment capacity reaches 30 tons.

The two parties signed a supplementary agreement in the first half of 2021, and the final contract price reached 7.22 million yuan. The two parties agreed to install and debug within 90 days.

Uganda Aquatic Company Production Workshop

After the contract was signed, Uganda's aquarium company paid $ 950,000 to Suzhou's mechanical companies. However, by the end of August 2021, the mechanical company still did not ship all the equipment to Uganda. The trial results in the mechanical company's factory were not satisfied.

"At that time, affected by the epidemic, the other party was worried that we could not send technicians to go abroad for technical guidance. They have been negotiating. The specific plan has not been reached, and the equipment is not issued on time." Manager Qin recalled.

Soon, the aquarium company filed a lawsuit with the Suzhou International Commercial Court, demanding the cancellation of the "Purchasing and Sale Contract" and supplementary agreement, returned all the equipment models and compensated more than 2 million yuan in liquidated damages.

Mr. Qin introduced that this is the largest overseas order received by Suzhou Machinery Company. Worried that the two parties will "tear their faces" after the two parties will "tear their faces", resulting in the loss of orders.

Uganda aquatic production workshop

After the case was accepted, Li Cheng, the judge of the Suzhou International Commercial Court, immediately went to Suzhou Machinery Company for on -site investigation. At the same time, in accordance with the plaintiff's application, the Suzhou International Commercial Court preserved the assets of the mechanical company.

Li Cheng introduced that after fully understanding the case, it was found that the defendant Suzhou Machinery Company had the conditions and willingness of the contract, and the manufacturer also had other orders to produce.

"The court has preserved the production line equipment purchased by the plaintiff to avoid interference with the normal operation of the mechanical company." Li Cheng introduced, "Similarly, in order to resolve disputes between the two parties as soon as possible and reduce economic losses, it is recommended to mediate the case."

Li Cheng

Mr. Qin was glad to accept the court's proposal. One of the Uganda Water Plant also believes that some courts carry out mediation and are more guaranteed to perform the contract.

After the consent of the two parties, the court immediately launched a neutral evaluation and mediation mechanism, and the entrusted Zhongli Ji Shi Chao Organization was organized to conduct a neutral evaluation. During the hearing of both parties, Lu Shi was superbly discovered that both parties were unwilling to terminate the contract.

"Aquatic companies have obtained Uganda's business licenses, and they have a huge market, but in order to avoid losing business opportunities, the lawsuit of this case." Lu Shichao immediately put forward professional opinions, thinking that the water production efficiency of the current contract settings is compared High, the device in actual production will not run at full load. The plaintiff can consider reducing the acceptance criteria. As long as the equipment runs smoothly, it will bring the economic benefits that the plaintiff expects.

At the same time, in order to ensure the normal operation and maintenance of the plaintiff's equipment, the defendant needed a technician to follow the equipment to provide technical guarantee to Uganda.

In order to ensure the legitimate rights and interests of the two parties, Lu Shichao proposed that the two parties first signed a pre -decomposition agreement, and the process of fulfilling the process was smooth, and then applied for the court to issue a civil mediation letter. In the end, with the cooperation of contacting judges and neutral reviewers, the case was successfully resolved in a month.

"Mediation professional, fair and efficient, eliminating the gap between us and promoting cooperation friendship between the two parties. At the same time, we can also seek help from the court when we encounter legal problems." Manager Qin told him to see Suzhou Yimo Studio in Suzhou Studio. Reporter, "The company will focus on the development of foreign markets next. With the escort of the Suzhou International Commercial Court, the rights and interests of the enterprise are more guaranteed."

"quick"

The mediation cycle for one month, tailor -made personalized solution

The neutral assessment and mediation mechanism mentioned above is a new mechanism for multiple solution to the Suzhou International Commercial Court in May 2021.

The court hired 16 professionals with excellent expertise and experience in the fields of international trade, investment, and international dispute resolution as neutral evaluations to provide professional assessment opinions on disputes and dispute handling plans in foreign business affairs cases, and in the case of dispute treatment plan, and in the dispute treatment plan, and in the case of professional assessment, it is in Based on this situation and the choice of the parties, a personalized solution is formed.

Chen

Chen Yi, an associate professor of Wang Jian Law School of Suzhou University, is also a neutral evaluation at the Suzhou International Commercial Court. In her opinion, the mediation of international commercial cases is very different from the mediation of people's common civil disputes. "It is not difficult to see from the literally, that is, under the stance of neutral reviewers to maintain a neutral position, legal assessment and professional mediation of the case test test our professionalism and flexible mobility mediation ability." Chen Yi explained.

During the lawsuit, contact the judge to follow the wishes of the parties to the cases, and select a neutral evaluation person to mediate the appropriate mediation case.

"After receiving the case, we will consider the papers carefully, especially for the application of the focus of the dispute between the dispute between the two parties to review and analyze the law, combine the interests of the interests of the two parties, and put forward as accurate assessment opinions as possible." Chen Yi said.

It is worth mentioning that neutral reviewers often face the agent lawyers of both sides. Whether their own professionalism is hard enough, can they get the trust of both parties, not only the key factor of mediation, but also affect the authority of the court.

"In addition to the legal level, it is also necessary to fully grasp the knowledge of professional fields such as finance, industry, and equity in order to cut the neutralization during evaluation and mediation." Chen Yi said.

Compared with the lawsuit, the mediation cycle of neutral evaluation is shorter, and it takes one month for a month, which is very economical for the time cost of the enterprise.

To quickly mediate in the short term, in addition to consulting the information, in addition to the work of the job, neutral reviewers must conduct in -depth communication and exchanges with the two parties. " Do not forget your neutral position at all times, this is also the effort of being a neutral reviewer behind every case. "

If the case mediation is successful, the neutral evaluation staff organizes both parties to sign the mediation agreement. After the court review, the judicial confirmation, or a civil mediation document shall be issued according to the mediation agreement; if there is no mediation, the court will directly enter the trial stage.

"During the evaluation and hearing stage, the opinions and qualifications of all parties will be used as evidence in the lawsuit. All parties confirmed that the fact that no controversial facts will be repeated in the subsequent lawsuit procedures." Chen Yi said, "The neutral reviewer issued Evaluation opinions do not represent the court's opinions and do not have a restrained effect on subsequent referees, but the judge referee can play a reference role. "

The process of this lawsuit is like a doctor of medical treatment. The neutral reviewer is like a first doctor. The inquiry judgment provided by him can not only filter disputes, but also provide a judgment basis for subsequent consultations.

Over the past year, the court has introduced neutral evaluations in 14 cases of foreign business affairs, and five cases have been successfully mediate in neutral evaluation.

"excellent"

Help the international business environment and contribute more Suzhou solutions

Unlike people's impression that the Suzhou International Commercial Court is not unique, but is located on the 36th floor of a building in the Suzhou Free Trade Area, and is also called "the highest court" by everyone.

Just as a geographical height, as the first international commercial court in the country in the country, facing the new situation of foreign trade, how to use the race thinking to keep up with the changing judicial needs of the city and explore more judicial experience. It is the times. The lofty mission given.

At present, international civil and commercial litigation, international commercial arbitration, and international commercial mediation are the three most important ways to resolve international commercial disputes. As more and more companies go abroad, judicial needs are becoming more and more diversified. The exploration of the neutral evaluation mechanism also has great practical considerations.

According to the data released by the Suzhou Intermediate People's Court, in 2021, the Suzhou Court accepted a total of 514 cases of foreign business affairs, an increase of 17.89%year -on -year. Among them, 327 new cases of first -instance were new. A total of 353 cases of foreign business affairs were concluded, an increase of 34.73%year -on -year, and 53 cases were formed by mediation, accounting for 15.01%, and the mediation withdrawal rate was 37.68%.

In 2021, more than 30 cases of more than 30 cases involving foreign business affairs involved in foreign business affairs involved in borrowing contracts and international cargo buying and selling contracts covered multiple fields such as cross -border trade, investment, and finance. Among them, four types of cases such as trading contract disputes, disputes with company, financial loan contract disputes, and financial lease contract disputes accounting for 64.39%of the total number of cases.

Sun Yuhua, an associate researcher at the China Law Strategy Research Center of East China University of Political Science and Law, said that the rise in the number of foreign business -related cases has risen, which is closely related to the increasingly active and closely related to foreign trade in Suzhou. At the same time, the level of dispute resolution of the court has continued to improve, the market rules and judicial resolution of disputes are relatively clear, and the international business environment has further optimized, which also reflects the influence and credibility of the Suzhou court's foreign business trial.

"The Suzhou International Commercial Court has reached the referee as the backing and introduced the" wisdom and brain '. It is more open in terms of talent selection. Being able to provide professional and personalized solutions for the parties from multiple perspectives, "Sun Yuhua said.

The increase in the case and the type of case are more complicated. This puts forward higher requirements for the court's foreign business trial capabilities, and it is urgent to resolve disputes through more ways.

Wang Guiguo, member of the National Committee of the Chinese People's Political Consultative Conference, Dean of the International Strategy and Law Research Institute of Zhejiang University, and the Chairman of the Expert Committee of the Suzhou International Commercial Court, introduced that in terms of litigation, it is necessary to combine the relevant national litigation laws. implement. Although the arbitration is high, the arbitration costs that the two sides want to bear are also very high. "Solving disputes through mediation is a very cost -effective choice, which plays an important role in repairing the business relationship between the two parties. It will also become an international trend and play an important role in creating an international first -class rule of law business environment." Wang Guiguo express.

Since the establishment of the Suzhou International Commercial Court, the acceptance cases involved 39 countries and regions including the United States, Japan, and Singapore, including 25 countries along the “Belt and Road”, covering cross -border investment, production, services, trade, finance and other multiple. field.

In addition to the neutral evaluation mechanism, the Suzhou International Commercial Court has also established two major mechanisms with professional mediation agencies and arbitration agencies, respectively, and has played a diversified solution concerto.

Yu Shuijuan, president of the Suzhou International Commercial Court, introduced that the Suzhou International Commercial Court, as a more convenient, more efficient and concentrated judicial service window, can provide Chinese and foreign parties with inclusive, convenient and efficient, intelligent and accurate judicial services, and provide Chinese and foreign market entities with entities of Chinese and foreign markets. Timely and effective judicial relief provides more powerful judicial guarantees for the implementation of the country's major strategic implementation and the high -quality development of Suzhou.

In the next step, the court will improve the business co -construction mechanism established with relevant departments to promote the construction of a one -stop diversified solution mechanism for foreign business disputes.

"In the process of disputes in foreign -related business affairs, actively integrate social solution resources, build a 'capable of adjusting, and the Zhongzhong, when the judgment is judged, the new system of foreign business affairs disputes." The effectiveness of commercial legal services is to be open to the outside world in order to implement higher levels of high -quality judicial services and contribute more Suzhou wisdom and solutions. "

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