Article 1. Application of Rules
- Mediation rules of Thinh Tri Commercial Arbitration Center (hereinafter referred to as "Rules") apply to conciliation of disputes arising out of or relating to legal relations in commercial activities. , when the parties agree to mediate on the settlement of disputes that may arise, have arisen or at any time of the dispute resolution process through Thinh Tri Commercial Arbitration Center (hereinafter referred to as "TTCAC").
- The parties have the right to choose this Mediation Rules to conduct mediation or to negotiate the mediation procedures themselves that are not contrary to the basic principles of Vietnamese law at the time of mediation. li>
- Where the parties do not agree on the order and procedures for conciliation, the commercial conciliator conducts conciliation according to the order and procedures in accordance with the circumstances of the case and the wishes of the parties. The parties accept.
- Mediation agreement can be established in the form of a mediation clause in a contract or in the form of a separate agreement.
Article 2. Initiation of mediation
Article 3. Number of conciliators
- Where the parties to a conciliation agreement at TTCAC are established in writing, the organization of commercial mediation shall be conducted from the time TTCAC receives the requests of the parties or one party and submits advances. mediation fee as provided in Article 18 and the TTCAC mediation fee schedule.
- Within 05 days from the date of receiving the request for conciliation and advance of mediation fee, TTCAC notifies the other party of the content of the mediation and requests the advance of the mediation fee according to specified in Article 18 and schedule of conciliation fees.
- Within 15 days of receiving the notice, the party who receives the mediation request must notify TTCAC of accepting or refusing the mediation. If it runs out
if TTCAC does not receive a written response or TTCAC receives a written disagreement or refusal to mediate or agree to mediate but does not pay an advance in the mediation fee, then the petition is accepted and TTCAC notifies the party who filed the mediation request.
- The mediation process begins when TTCAC receives a written notice of consent to be sent to TTCAC in the form of direct or fax, data messages and other forms of equivalent value to the prescribed document. law, and documents that have paid the mediation fee advance.
A mediator conducts mediation unless the parties have agreed that there are two or three mediators.
Article 4. Appointment of mediators
- The appointment of mediators is done according to the following principles:
a) In the case of a single mediator, the parties need to agree on the name of that single mediator;
b) In the case of two mediators, each party appoints one mediator;
c) In the case of three mediators, each party appoints one mediator. The parties should agree on the name of the third mediator.
(One or more mediators are collectively referred to as a mediator).
- The parties may:
a) Appoint a mediator from the list of mediators provided by TTCAC;
b) Request TTCAC President to recommend mediator;
c) Request the TTCAC President to appoint a mediator. TTCAC President appoints conciliator within 07 days from the date of receiving request of appointing mediator from parties;
d) The time limit for appointing conciliator or requesting the Chairman of TTCAC to introduce or appointing conciliator is 07 days from the commencement date of the mediation process mentioned in Article 2 of this Code.
Article 5. Submission of explanation to mediator
Immediately after being appointed, the mediator requests each party to submit a statement of true opinions and details of the dispute. Each party must also submit a presentation
- to the other party.
- At any time during the mediation process, the mediator may ask one or the parties to submit to him a statement, providing information regarding the dispute, or any documents. see if it is necessary for mediation.
Article 6. Representation and assistance
The parties may appoint a representative or assist them in the mediation process. Names and addresses of those This must be notified in writing to the other party and mediator, clearly stating that they are their representatives or assistants in the mediation process.
Article 7. The role of mediator
- By its best efforts, conciliation must act in an independent, impartial, objective and honest manner to assist the parties in achieving a conciliation solution to the dispute.
- Conciliators must base on the agreement of the parties, commercial practices, business practices between the parties, contexts related to the dispute as a basis for mediation.
- The mediator may proceed with the mediation process in a way that he / she deems consistent with the nature and content of the dispute as well as the wishes of the parties.
- The mediator can at any time during the mediation process, making a dispute resolution proposal. The proposal is not necessarily in writing and does not need to include reasons.
- The mediator respects the parties' agreement if it does not violate the law and is not contrary to social ethics.
Article 8. Roles of the claimants
- The parties are responsible for cooperating with the mediator, including meeting the mediator's requirements for submitting presentations, relevant documents, and attending meetings. li >
- Each party may take the initiative or at the request of the mediator, send the mediator a proposal on a dispute settlement plan.
Article 9. Administrative support
At the request of the parties and mediators, TTCAC facilitates the work
carry out the mediation process in arranging a time and place for conciliation; administrative support, sending supporters to mediators and parties throughout the mediation process.
Article 10. Transactions and exchanges between mediator and parties
- The mediator can meet in person or in person and can also deal with them in any way.
- Unless the parties have agreed on a meeting place with the mediator, the organization of the meeting place will be decided by the mediator, taking into account the circumstances of the mediation process.
- Unless otherwise agreed by the parties, all transactions and exchanges will be conducted in Vietnamese. In the event that the parties request a transaction or an exchange in another language, the parties are responsible for the translation and accuracy of that translation.
Mediator, one or both parties can request TTCAC to arrange for his / her interpretation, the cost of translation is paid by the requesting party. In the event that an interpreter is requested by both parties, the cost of the interpretation is evenly distributed among the disputing parties.
Article 11. Information disclosure
- All documents exchanged between the mediator and each party, all other information the mediator receives from one party, the mediator must send (if the above is made in writing) or notify The other party knows so that the other party has a chance to present their opinions.
- In the event that a party has given any information to the mediator requesting that such information be kept confidential, then the mediator may not disclose that information to the other party. < / li>
- The documents and information mentioned in Clause 1 of this Article must be copied by the mediator (if in writing) or notified to TTCAC.
Article 12. Privacy
The conciliator must protect the confidentiality of information about the dispute in which he / she participates in mediation, unless the parties have a written agreement or as prescribed by law.
Article 13. Termination of mediation process
- Mediation ends in the following situations:
a) When the parties achieve successful mediation;
b) When the mediator deems it unnecessary to continue mediating, after consulting the parties;
c) At the request of one or more of the disputing parties.
- In case of termination of the mediation process mentioned in Clause 1 of this Article, TTCAC makes an official written notice to the parties and mediators of the termination of mediation.
Article 14: Results of successful mediation
When successful mediation results are reached, the parties shall document the results of successful mediation. The document on the results of successful mediation is effective for the parties in accordance with civil law.
Article 15: Recognition of successful mediation results
- The text of the successful mediation result is considered and recognized in accordance with the civil procedure law;
- The decision recognizing the agreement of the parties takes legal effect immediately after promulgation and is enforced in accordance with the law on civil judgment execution.
Article 16. Arbitration proceedings or Court
- During the mediation process, the parties undertake not to conduct any proceedings at the Arbitration or Court on the dispute that is the subject of the mediation process.
- During the mediation process, if one party or the parties bringing the dispute which is the subject of the mediation process sue at the Arbitration or the Court, the mediation is automatically considered to be terminated. li>
- In the process of mediation, if the results are not achieved, the parties have the right to continue mediation or request the arbitration or the Court to resolve the dispute in accordance with the law.
Article 17. Application fee
The party who files for mediation must pay the filing fee, which will not be refunded under any circumstances.
Article 18. Mediation Costs
- Mediation costs include:
a) Administrative fees prescribed in Article 9 of this Code;
b) A reasonable remuneration for the mediator;
c) Travel and other expenses of the mediator;
d) Travel and other expenses of witnesses at the request of the mediator with the parties' consent;
e) The cost of expert advice and the cost of interpreting at the request of the parties or the mediator with the parties' consent.
- The above expenses are borne equally by the two parties unless otherwise agreed by the parties. All other expenses arising from a party's request are borne by that party.
Article 19: Procedures for payment of mediation costs
- Unless otherwise agreed by the parties, each party must advance an equal amount of money for the expenses mentioned in Clause 1, Article 18 of this Code. The procedure is as follows:
a) The party filing the request for mediation must advance 50% of the mediation fee in advance;
b) When accepting the mediation, the party who receives the mediation must pay 50% of the mediation fee in advance;
c) In case the parties have a conciliation application submitted to TTCAC, each party shall pay 50% of the mediation fee.
- After the termination of the mediation process, TTCAC will calculate the cost of the amount advanced and return it to the parties any remaining fees not spent.
Article 20: Acknowledgment of evidence in a proceeding at the Arbitration or Court
The parties undertake, in any form, not to use it as a basis or evidence in cases in any Arbitration or Court, whose content of the dispute is subject to Mediation process, here:
- Audio recordings, video recordings, photographs, written records of contacts during mediation;
- Opinions or recommendations that the other party makes about the resolution of the dispute;
- Proposal that mediator makes.
Article 21. Entry into force
This conciliation rule consists of 21 articles and takes effect from the date of signing the decision to issue. needles