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Dalian Free Trade Area Forging “a Model of Dalian” for Diversified Commercial Dispute Settlement

Inorder to further enhance the level of Dalian Free Trade Areain respect of legalized business environment construction,boost the diversified commercial dispute settling system construction in the freetradepilot zone, DalianFree Trade AreaCommercial Dispute Mediation Centerwas formally established on November 22, marking that the Areahas marched one step forward in establishing a sounddiversified commercial dispute settling mechanism and perfecting the legal servicesystem with a strong legal service guarantee provided for the Area to develop rapidly in economy and expandthe opening-up andcooperation toward Northeast Asia.

TheMediation Center, jointly initiated by Dalian Free Trade AreaManagement Commission and Dalian Bureau of Justice as theleaders uniting withDalian Intermediate People's Court, Dalian Maritime Court, thePeople's Court of Dalian Economic & Technical Development Zone, Dalian Intellectual Property Office,Dalian Federation of Industry and Commerce, Dalian Council for the Promotion ofInternational Trade, Dalian Mediation Association, a total of 9 units, isdesigned to provide a more convenient and efficient new path for the settlementof commercial disputes and economic and trade disputes for  domestic and foreign commercial subjects inthe Area, and create a new model of diversified settlement ofcommercial disputes.

Comparedwith litigation and arbitration, commercial mediation,characterized by time-saving,being efficient, flexible and convenient, less cost, being confidential andneutral, etc., has been widely used in the world. Since hanging out its shingle, DalianFree Trade Area has had 40,000 plus newenterprises, 5.2 times that before approval, among which the number offoreign-funded enterprises registered is 2.83 times that before approval. Witheconomic activities becoming increasingly frequent as a result of the rapidgrowth of enterprise subjects, the disputes among enterprises are alsocharacterizedbybeing large in number, rapid in growth, large in subject matter,complex in legal relation and diversified in subject, so that convenient reliefapproaches and diversified dispute settling methods have become an urgent needof the market subjects.

TheMediation Center, after establishment, will fully integrate the resources andforces of relevant administrative departments, judicial organs, mediationinstitutions, industrial associations, etc. toerect a diversified commercialdispute settling platform for litigation and mediation to link organically andconnect effectively, establish a commercial dispute mediation system andmechanism being perfect in system, sound in organization, well-regulated and efficientto provide non-litigation mediation for disputes involving trade, shipping,finance, new energy, intellectual property and other domestic and foreigncommercial fields among the commercial subjects in the Area, and provide effective guidance for the prevention ofenterprise disputes, the improvement of contract terms and the settling ofmultiple disputes in the field of international trade. Considering thecharacteristic that the Areais economicallyoriented to Japan and Korea and the urgentneed to strengthen the protection of intellectual property rights, theMediation Center has had two expert mediator workstations set up specially forJapan and Korea and intellectual property rights to provide favorable legal services in deepening the economic and trade cooperation with Japan and Korea and creatinga sound business environment.

Next,the mediation center will also further promote thein-depth integration of big data, artificial intelligence and other modern meansof science and technology with commercial dispute settling, improve the levelof mediation work informatization and intelligetization, actively applyjudicial big data to analyze and judge typical, symptomatic anduniversal commercialdispute cases jointly to further boost Dalian Free Trade Areainforgingan international first-class legal serviceenvironment.