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  • canton fair complaint?--Rules for the Prevention and Resolution of Trade Dispute in China Import and Export Fair
    作者:cantonfa… 文章来源:cantonfair 更新时间:2012-3-29 22:07:17

       

     

     For professional help when in trouble with trade dipute: @US

     

    Rules for the Prevention and Resolution of Trade Dispute
    in China Import and Export Fair

     

    Chapter I  Objectives

    Article 1  Subject to the applicable laws and regulations of the People’s Republic of China and the relevant measures of China Import and Export Fair ( hereinafter referred to as ” Canton Fair” or “the Fair”), the following rules relating to the Fair are hereby made for the purpose of efficiently resolving  trade disputes arising among the Fair-participating parties, maintaining fair trading order, protecting the legitimate rights and interests of the parties concerned, and fostering a trustworthy and harmonious environment for international trade.

    Article 2  These Rules shall apply in respect of prevention of trade disputes among the Fair-participating parties, and lodging and thereafter handling of complaints in connection with such disputes.

    Article 3  The Fair-participating parties shall be bona fide and observe the contracts they have concluded; in particular, they shall pay due care to risk control and resolve conflicts in an amicable manner.

    Article 4  The Reception Station of Complaints and Settlements for IPRs and Trade Disputes (hereinafter referred to as “the Complaint Office”) set up by the Fair is the only agency for dealing with trade disputes in the Fair’s complex while the Fair is in session.

    China Foreign Trade Centre, the organizer of the Fair, and China International Economic and Trade Arbitration Commission South China Sub-commission (hereinafter referred to as “CIETAC South China”) jointly manage the Complaint Office throughout the Fair so as to deal with complaints and trade disputes.

    Chapter II   Disputes Prevention

    Article 5    For the purpose of effectively controlling trade risks and resolving disputes, the Fair advocates adopting the recommended model contracts, incorporating clauses for resolving disputes harmoniously and effectively.

    Article 6    The Fair shall, through trade delegations and relevant chambers of commerce, require the Fair-participating sellers to execute a “Booth User Covenant” so as to encourage them to take active steps in preventing and resolving disputes, if any, with the buyers.

    If and when a dispute arises, the Fair-participating party concerned shall lodge a complaint, which upon request shall be dealt with in accordance with these Rules, unless otherwise agreed between the disputing parties as to the manner of solving dispute.

    Chapter III   Complaint and Resolution

    Article 7    The complainant shall comply in full with the following conditions:

    (1)The complainant must disclose his/her real name and must hold a valid badge for the current session of the Fair;

    (2)The respondent shall be a participating party at a current session of the Fair, and must be present at the Fair’s complex either personally or through an agent;

    (3)The complainant shall submit relevant evidences such as contracts,   payment documents, etc.

    If neither the respondent nor the respondent’s agent is present at the Fair’s complex, the Complaint Office will assist the complainant in approaching the relevant trade delegation for possible ways and means of settling the dispute concerned.

    Article 8    Upon receipt of a complaint, the Complaint Office shall determine whether or not to accept the case. If the complainant does not comply with any of the conditions as referred to in Article 7 above, the Complaint Office may refuse to accept the case.

    Once the case is accepted, the complainant shall complete a Complaint Application Form, which shall be lodged with the Complaint Office. The Complaint Office shall promptly appoint professional(s) to deal with the case.

    Article 9  The Complaint Office shall notify the respondent according to the contact information provided by the complainant.

    If the respondent is a Fair-participating seller, the Complaint Office shall at the same time notify the trade delegation to whom the respondent belongs. The respondent as well as the relevant trade delegation shall be cooperative with the Complaint Office in dealing with the dispute(s).

    Article 10  Any dispute shall initially be dealt with by way of mediation which shall be jointly conducted by staff members of China Foreign Trade Centre and CIETAC South China at the Complaint Office.

    The Complaint Office may mediate the case in the manner it considers appropriate for the disputing parties to enter into a settlement agreement in writing.

    Article 11  If the dispute is successfully settled, a settlement agreement in writing shall be made and executed by or on behalf of the parties concerned, and the Complaint Office’s seal may be affixed.

    To make the settlement agreement enforceable, either party shall be entitled to submmit the settlement agreement to CIETAC South China for an arbitral award. 

    Article 12  If the mediation fails, the dispute shall, unless the parties agree otherwise, be referred to CIETAC South China for arbitration.

    The parties concerned may apply for arbitration during and after the Fair session, but in any event within the limitation period prescribed by the law.

    Chapter IV   Discipline and Enforcement

    Article 13  At the close of each Fair session, the Complaint Office shall prepare a name list of the Fair-participating sellers having been complained of and a name list of persons allegedly liable for the disputes, and shall deliver the same information to the Operation Department of the Fair, the relevant trade delegation, and/or the chamber of commerce concerned for disciplining the relevant parties in accordance with the Measures of Canton Fair to Monitor the Commodity Quality and Complaints Relating to Trade Disputes.

    Article 14  Upon arising of a dispute, if a Fair-participating party concerned fails to lodge the complaint pursuant to these Rules, or a respondent refuses to respond to the Complaint Office in dealing with the complaint, then the Complaint Office may approach the relevant trade delegation for possible means and ways of settling the dispute.

    Article 15  If a party refuses to comply with the arbitral award, the other party may apply to a competent court in China, or to a court of foreign jurisdiction according to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards for enforcement of the award.

    Chapter V  Supplementary Provisions

    Article 16  When the Fair is out of session, the complainant intending to take further legal proceedings against the respondent shall act in accordance with the terms of the contract and applicable laws and regulations.

    Article 17  Under these Rules, any reference to the term “Fair-participating seller” shall include any of the seller’s affiliated suppliers.

    Article 18  These Rules shall be interpreted by China Foreign Trade Centre.

    Article 19   These Rules shall be effective as from the date of promulgation and if there is any inconsistency between these Rules and previously promulgated measures of the Canton Fair, these Rules shall prevail.

     

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