First Beijing Judicial-Supported Cross-Border Commercial Dispute Litigation-Mediation Docking Case Handled Jointly by ICDPASO & Beijing No. 4 Intermediate People's Court After Commercial Mediation Regulations Took Effect

Recently, the International Commercial Dispute Prevention and Settlement Organization (hereinafter referred to as ICDPASO) collaborated with the One-stop Diversified Dispute Resolution Center for International Commercial Disputes of Beijing Courts (hereinafter referred to as the Diversified Dispute Resolution Center), established under the Beijing No. 4 Intermediate People’s Court, to successfully conclude a foreign-related commercial case featuring litigation-mediation docking and judicial confirmation.

This case marks Beijing’s first instance where a cross-border commercial mediation agreement, reached under the administration of ICDPASO Mediation Entity—a non-governmental international organization—obtained judicial confirmation after the Commercial Mediation Regulations officially entered into force on May 1. It also serves as a pioneering national precedent in which a people’s court resolved a high-value cross-border commercial dispute with the assistance of an international commercial mediation organization following the nationwide implementation of the new Regulations.

This mediation covers multiple connected cases, with parties including enterprises incorporated in Chinese mainland, the Hong Kong Special Administrative Region and the Cayman Islands. The parties to the cases are subject to different jurisdictions, and the disputes involve legal relations of creditor’s rights and real rights. The subject matter in dispute renders this case of great exemplary significance.

With the unanimous consent of all parties, the Court entrusted the case to the ICDPASO Mediation Entity for professional commercial mediation via the platform of the Diversified Dispute Resolution Center. Fully respecting the consensus of all parties and in strict accordance with the ICDPASO Commercial Mediation Rules, ICDPASO Mediation Entity conducted the entire mediation process in a standardized and efficient manner. Working in collaboration with the Diversified Dispute Resolution Center, it coordinated all key procedures including case acceptance, mediation proceedings and application for judicial confirmation, enabling the expeditious resolution of the disputes.

During the mediation proceedings, ICDPASO Mediation Entity fully leveraged the international resources of its elite Roster of Mediators and harnessed the expertise of its specialist mediators. In light of the equity and creditor’s rights legal relations spanning multiple jurisdictions involved in the case, it set up a mediation team composed of world-renowned mediators of diverse nationalities and multidisciplinary professional backgrounds. Adhering to the core principles of impartiality, neutrality and efficiency, the team conducted in-depth analysis of the core dispute issues and accurately built a bridge for negotiation and dialogue among all parties.

Upon applications submitted by some parties, ICDPASO Mediation Entity adopted hybrid remote mediation combining online and offline sessions via its dedicated online mediation platform. Featuring flexible scheduling and responsive support, this model accommodated the timetables of all parties and effectively cut the time and financial costs incurred by parties participating in mediation.

Thanks to joint efforts from all sides, within less than one week after case acceptance, all parties voluntarily concluded a mediation agreement at the ICDPASO Mediation Entity, which was verified and confirmed by the mediation team. The parties then jointly filed an application for judicial confirmation with Beijing No. 4 Intermediate People’s Court.

The Beijing No. 4 Intermediate People’s Court has established the Beijing International Commercial Tribunal and launched the Diversified Dispute Resolution Center, giving full play to the coordinating strengths of this one-stop platform. The Court proactively shares platform resources, keeps the green channel for judicial confirmation unobstructed, and fully supports international commercial mediation organizations including ICDPASO in conducting professional mediation over commercial disputes, thus playing a vital role in the field of foreign-related rule of law.

The aforesaid mediation agreement underwent judicial review by the Beijing No. 4 Intermediate People’s Court. The Court verified key facts one by one, including capital transfer records, pledge registrations and the origins of relevant debts. It confirmed that the mediation agreement represented the true intentions of all parties, contained lawful and compliant provisions, and involved no circumstances that would impair the legitimate rights and interests of any party or public interest. The Court issued a civil mediation statement to all parties in accordance with law, conferring judicial effect on the mediation outcomes administered by the international organization’s mediation body. This case successfully delivered a closed-loop resolution model of "mediation plus judicial confirmation." The entire handling process fully demonstrates the strong judicial support provided by the Beijing No. 4 Intermediate People’s Court for foreign-related litigation-mediation docking mechanisms and serves as a core underpinning for Beijing’s development into a preferred venue for resolving international commercial disputes.

As Beijing’s first case of litigation-mediation docking with judicial confirmation following the entry into force of the Commercial Mediation Regulations, this case fully demonstrates ICDPASO’s professional competence and edge in international resources as an international organization in commercial mediation, litigation-mediation coordination and procedural administration. It provides robust support for fostering a market-oriented, law-based and internationalized business environment, and builds a specialized international dispute resolution service platform featuring extensive consultation, joint contribution and shared benefits for all types of commercial entities.

By establishing a mechanism under which courts provide judicial empowerment and professional international mediation organizations resolve disputes at an earlier stage, solid judicial safeguards are put in place for cross-border commercial mediation, setting a benchmark model for the collaborative diversified resolution of foreign-related commercial disputes in the region.

All disputes arising out of or in connection with this contract, shall be referred to mediation administered by the International Commercial Dispute Prevention and Settlement Organization (“ICDPASO”) in accordance with the Mediation Rules of ICDPASO in force at the time of filling application.

Any settlement reached in the course of the mediation shall be made a settlement agreement on agreed terms,and all parties shall earnestly implement and comply with the award.

In case of failure of the mediation process, the disputes shall be referred to arbitration administered by ICDPASO in accordance with the Arbitration Rules of ICDPASO in force at the time of filing the application. The arbitral award is final and binding upon all parties.

【MA Xueqing; ZHONG Yuan】