Heilongjiang sets up integrated mechanism for foreign-related commercial dispute resolution

The Justice Department of Heilongjiang Province and the Heilongjiang High People's Court have jointly issued a guideline on establishing a comprehensive mechanism for the resolution of foreign-related commercial disputes, integrating litigation, arbitration, and mediation.

This initiative aims to promote smoother and more efficient coordination among litigation, arbitration, and mediation in foreign-related commercial affairs, promote more diversified and effective dispute resolution, and provide more inclusive and targeted legal services, in a bid to build Heilongjiang into a preferred destination for international commercial dispute resolution.

Located in the heart of Northeast Asia, Heilongjiang boasts unique geographical advantages and serves as a vital gateway for China's northward opening-up. The guideline further improves the mechanism for integration of litigation, arbitration, and mediation for diversified resolution of foreign-related commercial disputes, and optimize procedural coordination.

The guideline offers more resolution options for involved parties, ensure timely and efficient dispute resolution, and safeguard the legitimate rights and interests of the parties on an equal basis, providing robust legal support for the province in building itself as a new highland for northward opening-up and in fostering a law-based international business environment.

Adhering to the principles of voluntary participation, law-based impartiality, efficiency, and convenience, the guideline respects the parties' autonomy in choosing dispute resolution methods, while strictly complying with international rules and domestic laws. By streamlining procedures, it also saves time and economic costs for the parties.

The guideline aims to fully leverage the judiciary's role in leading, promoting and safeguarding the development of a diversified dispute resolution mechanism. It seeks to develop efficient channels for resolving foreign-related commercial disputes, promote reasonable allocation of social resources for dispute resolution, strengthen procedural coordination among litigation, arbitration, and mediation, and facilitate the substantive resolution of disputes.

Furthermore, the guideline clarifies the scope of its application, further refines the coordination mechanisms between litigation and arbitration, arbitration and mediation, and litigation and mediation, and provide guidance for arbitration institutions and people's courts to enhance cooperation in areas such as interim measures in arbitration, judicial review, and enforcement of arbitration awards. It also emphasizes prioritizing mediation and enhancing judicial support for the confirmation of mediation agreements.

In addition, the guideline requires improved communication and the establishment of joint conference mechanisms among courts at all levels, judicial administrative departments, and arbitration commissions. It also calls for the continuous improvement of work standardization, aiming to create a well-coordinated, efficient, and accessible framework for resolving foreign-related commercial disputes by leveraging the complementary strengths of the relevant parties.