Service: Commercial Mediation

Benchmark International Mediation Center (BIMC)

October 26, 2019 has witnessed the inauguration ceremony for Benchmark Chambers International & Benchmark International Mediation Center (BCI & BIMC), which has added "mediation" in its service areas, on the basis of its platform for foreign law ascertainment.  

In early August this year, the United Nations Convention on International Settlement Agreements Resulting from Mediation was open for signature in Singapore, which reflected the common consensus among the international society on commercial mediation, and will greatly encourage the application of mediation worldwide. With the advancing construction of the Guangdong-Hong Kong-Macao Greater Bay Area, more and more commercial disputes concerning investment will arise, which provides a wide stage for commercial mediation to play a big role. The inauguration ceremony for BCI & BIMC held today is just at the right time. My hope is that BCI & BIMC will actively practice in cross-border commercial mediation, build its brand in international mediation, and offer high-quality and efficient mediation services.  

——LUO Houru, Director of the Bureau of People's Participation and Promotion of Rule of Law, Ministry of Justice of China

BCI & BIMC is the first professional organization in China that takes foreign law ascertainment as its core service. My hope is that BCI & BIMC will further continue its efforts in building a center that covers international commercial mediation services and foreign law ascertainment services and provide the "Shenzhen mediation experience" in effective resolution of all kinds of disputes, as to contribute to the development in commercial mediation in China.

——YU Xinguo, Secretary of the Standing Committee of Shenzhen Municipal Party Committee and the Commission of Politics and Law of Shenzhen Municipality

BCI & BIMC has Ms. ZHANG Yuejiao, former Appellate Body Member at the World Trade organization, acting as the head of Benchmark International Mediation Center, and it has actively invited mediators with abundant experience across the country to join. The unique and new service model of "International Commercial Mediation + Foreign Law Ascertainment" in BCI & BIMC accentuates its international feature. This model also exemplifies the implementation of the Framework Arrangement for the Legal Exchange and Mutual Recognition of the Guangdong-Hong Kong-Macao Greater Bay Area, being a novel try in the context of the Greater Bay Area. My hope is that, with support from all sectors, BCI & BIMC will provide a "Shenzhen sample" during its "practice and try" for the international commercial mediation development in China.

——JIANG Xilin, Director of the Justice Bureau of Shenzhen Municipality

Four features of commercial mediation at BIMC

Covering "International Commercial Mediation" with "Foreign Law Ascertainment"

Institutional Structure that Covers Both Services

Benchmark Chambers International (BCI), now known as BCI & BIMC, was the first international legal service institution in China that takes foreign law ascertainment as its core services area. In order to implement the Suggestion on Implementation of the Outline Development Plan for the Guangdong-Hong Kong-Macau Greater Bay Area, BCI was reformed, with the support from Justice Bureau of Shenzhen Municipality, into the nowadays BCI & BIMC, which integrates and develops its core services in International Commercial Mediation and Foreign Law Ascertainment.  

Process that Combines Both Service Areas

In the circumstances where foreign laws are applicable, "foreign law ascertainment" is available as an optional service in the mediation proceedings in BIMC, to help parties better understand the relevant provisions in foreign law. Meanwhile, to avoid impartiality of mediators, appointed mediators generally cannot act as experts in foreign law ascertainment in the same case, unless parties to the dispute all agree otherwise, pursuant to the Mediation Rules of BIMC.

Technical Support

BCI & BIMC is now working on the construction of its database on foreign law ascertainment and intelligent recommendation system, to integrate foreign law ascertainment scheme into its international commercial mediation service by technical means.

International Service

How International-featured?

i.BCI & BIMC, as an international legal services platform, attracts many foreign mediators with abundant experience in international disputes resolution.

ii.BCI & BIMC, learning from international experience in commercial mediation, is international-featured in different aspects, including its mediation rules, case administration, etc.  

iii.BCI & BIMC mainly commits to international commercial disputes resolution, given the type of cases filed at BCI & BIMC. It also assists in domestic commercial disputes resolution through its mediation services to provide convenient, cost-effective and amiable disputes resolution for parties from China or abroad, in the context of building an international and rule-based business environment in the Guangdong-Hong Kong-Macau Greater Bay Area.

iv.BCI & BIMC reinforces its cooperation and exchange with international mediation institutions, in order to promote the "mediation first" thinking way and facilitate the enforcement of settlement agreements resulting from mediation.

v.BCI & BIMC will organize and host training courses with world-renowned mediators and mediation institutions, to strengthen the training for international mediators and enhance their mediation skills.

Flexible Mediation Rules and Fees

Mediation Rules:

i.External Professional Resources Available

With the agreement from the parties/court that sends the parties to mediation and other relevant institution, BCI & BIMC can cooperate with other dispute settlement institutions on the mediation case.

ii.Efficient Mediation Proceedings with Technical Assistance

Mediation process can conduct through online system.  

iii.Innovative "One Stop" Solution in Mediation with Foreign Law Ascertainment

In circumstances where applicable foreign law is concerned, BCI & BIMC's experts in foreign law ascertainment may provide online consulting service, expert report regarding foreign law, or case evaluation, as a reference in the dispute resolution, provided that the party has so requested or the mediator has so suggested, and the parties have agreed.

Fees:

Fees associated with BIMC's mediation services are composed by three parts: registration fee, administrative fee and mediation fee. Specifically, the means of calculating the mediation fee paid to mediators can be determined through consultations between parties and mediators, as the mediation fee can be charged on an hourly or weekly rate or in proportion to the amount of the subject matter of the dispute, while the former two ways should apply if it is difficult to calculate the amount of the subject matter of the dispute.

Experienced Mediators

Model Mediation Clauses

Pre-dispute Mediation Clause

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be first referred to mediation administered by Benchmark International Mediation Center (BIMC) in accordance with the Mediation Rules of BIMC for the time being in force, which rules are deemed to be incorporated by reference in this clause.

Existing Dispute Mediation Clause

In the event of any dispute arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, the parties all agree to refer the dispute to mediation administered by Benchmark International Mediation Center (BIMC) in accordance with the Mediation Rules of BIMC for the time being in force. Mediation ordered by the court or entrusted by other institutions should also comply with the relevant litigation-mediation or arbitration-mediation rules of the concerned institution.

BIMC Mediation Process Flow Chart

Communication and cooperation