Enterprises and Cross-border commercial disputes - Agreement on Mediation between Italy and China

by Studio Legale Avv. Elena Zanconti
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Enterprises and Cross-border commercial disputes - Agreement on Mediation between Italy and China: On May 20, 2013, the cooperation agreement between the Italy-China Chamber of Commerce at the Chamber of Arbitration of Milan and the Mediation Center of the China Council for the Promotion of International Trade has been renewed. The treaty aims to strengthen the activity of the ICBMC, Italy-China Business Mediation Centre, which assists companies operating between Italy and China by proposing them the mediation tool for the resolution of their commercial disputes. The general difficulty to manage disputes between companies belonging to Italy and China, countries which are both characterized by problems of access to and functionality of justice, suggests to business traders to take into due consideration the mediation as dispute resolution flexible process. To this end it is useful that traders, when negotiating their deals, include into their contracts a mediation clause, through which the parties to the contract mutually agree to mediate any dispute arising between them under the rules of the selected institution. Find fellow the standard mediation clause complying with the ICBMC rules:

“Parties agree to submit all disputes arising in connection with this agreement to the mediation attempt managed by the Italy-China Business Mediation Center at the Chamber of Arbitration of Milan for the Italian side and the Mediation Center of China Council for the promotion of International Trade in Beijing for the Chinese side to solve the dispute with a mediation agreement in accordance with the Rules adopted by the same ICBMC”.

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Imprese e controversie commerciali internazionali – Accordo tra Italia e Cina sulla Mediazione: Il 20 maggio 2013 è stato rinnovato l’accordo di cooperazione tra la Camera di Commercio Italo-Cinese, Servizio di conciliazione della Camera Arbitrale di Milano e il Mediation Center del “China Council for the Promotion of International Trade”. L’intesa raggiunta mira a proseguire, potenziandola, l’attività dell’ICBMC, Italy-China Business Mediation Centre, centro che assiste le imprese operanti sull’asse Italia-Cina, proponendo la conciliazione come strumento per la risoluzione delle controversie commerciali. La complessità della gestione delle liti tra imprese appartenenti all’Italia e alla Cina, entrambe caratterizzate da problemi di accesso e funzionalità della giustizia, suggerisce agli operatori di prendere in dovuta considerazione lo strumento conciliativo. A tal fine è utile, in sede di trattativa commerciale, inserire già nel contratto una clausola di mediazione, attraverso la quale le imprese contraenti si impegnano reciprocamente a esperire, in caso di controversia, il tentativo di mediazione secondo le procedure proprie dell’istituzione prescelta.

La clausola standard di mediazione proposta dalla Camera Arbitrale di Milano è la seguente: “Le parti sottoporranno tutte le controversie derivanti dal presente contratto o collegate ad esso - ivi comprese quelle relative alla sua interpretazione, validità, efficacia, esecuzione e risoluzione - al tentativo di mediazione secondo le disposizioni del regolamento del Servizio di conciliazione della Camera Arbitrale di Milano che le parti espressamente dichiarano di conoscere e di accettare integralmente. Le parti si impegnano a ricorrere alla mediazione prima di iniziare qualsiasi procedimento arbitrale o giudiziale”.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Studio Legale Avv. Elena Zanconti | Attorney Advertising

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