Power Dispute Conciliation Rules

Original Language Title: 电力争议纠纷调解规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201203/20120300362022.shtml

Power dispute conciliation rules

    (September 30, 2011 the State electricity regulatory Commission announced 30th come into force on January 1, 2012) first in order to regulate the power dispute mediation Act, improving the power dispute conciliation system, solve disputes in a timely manner, in accordance with relevant regulations of the State, this provision is enacted.

    Article state electricity regulatory Commission and its agencies (hereinafter referred to as the electricity regulatory agency) mediation of power disputes, these provisions shall apply.

    Article III power regulator power dispute conciliation, guided by the following principles:

(A) the parties to conciliation on the basis of voluntariness, equality;

(Ii) do not violate the laws, administrative regulations and the State policies, fair and reasonable;

    (C) respect the rights of the parties, shall not be blocked because of the mediation the parties through arbitration, judicial and other means to protect their own rights. Fourth the parties may apply for mediation to the electricity regulatory body, the power regulator can also take the initiative to mediate.

    The other party expressly refused mediation, not mediation.

Fifth parties request mediation to the electricity regulatory authority, shall comply with the following conditions:

(A) the applicant and the power dispute has direct interest;

(B) clearly on the respondent;

(C) specific mediate, facts and reasons for the request;

    (D) matters of dispute belonged to the electricity regulatory authority.

    Article sixth power regulator after receiving a mediation request, shall decide whether or not to accept in the 7th and notify the parties. Article in accordance with the conditions specified in article fifth application for mediation, the respondent agreed to conciliate, regulators should be accepted.

    Power regulator of active mediation, the parties agree shall be accepted.

Article eighth applications for any of the following circumstances, electricity regulators to reject the complaint:

(A) the respondent categorically rejects mediation;

(B) the dispute matters have been brought to arbitration or litigation;

(C) does not comply with the conditions specified in article fifth.

    Power regulators decided not to accept, parties should be justified.

    Nineth power regulator power dispute conciliation should be based on the complexity of the dispute and the controversial subject matter of the dispute, appoint one or three conciliators in conciliation.

Article tenth mediation the mediator may not favour one of the parties, mediation is not used facilitate the task of seeking illegitimate interests, shall not disclose any such trade secrets and personal privacy.

Mediators should be impartial, familiar with power, legal, economic and business knowledge of personnel.

    Specific measures for the administration of the mediator separately. 11th power dispute and parties believe that the mediator has an interest or other relationship could affect the impartial mediation, and may apply to the electricity regulatory agency mediators to avoid.

Mediators believe that their interests or other relationships with the power dispute, could affect the impartial mediation, shall voluntarily apply for withdrawal.

    Mediators are avoided, decided by the head of electricity regulatory agency. 12th the parties may entrust an agent to participate in the mediation. Principal Deputy, being the principal power of attorney should be submitted.

    Power of attorney shall be signed or sealed by the principal, shall record the agent's name, gender, age, identity, contact, length of delegate and delegate permissions.

    Article 13th power dispute involving a third party, it shall notify the third party.

14th mediator can take the mediation of power disputes in the following ways:

(A) according to information available to the dispute settlement proposals to the parties;

(B) separately met with one of the parties or at the meeting with the parties;

(C) a written or oral request for a party or parties;

(D) require the parties to disputes dispute resolution recommendations or proposals;

(E) the consent, engage with the parties to the dispute not interested experts or institutions providing advice or expert opinion on matters of dispute;

    (F) to otherwise agreed by the parties.

    15th in the mediation process, the parties concerned shall truthfully state the facts, abide by the mediation order, respect for the mediator and the other party.

16th in the mediation process, the parties have one of the following power regulator can terminate the mediation:

(A) concealing important facts and providing false information;

(B) the stall;

(C) absence without good reason or in any other way to withdraw;

(D) electric power dispute arbitration or litigation;

    (E) affect other case that mediation works. Article 17th mediation results involving the interests of a third person, shall obtain the consent of the third party consent.

    Third parties do not agree, termination of conciliation. 18th mediation should be closed within three months from the date of acceptance.

    Complex circumstances, cannot be completed within the allotted time, may be appropriately extended, but not longer than six months.

    Article 19th mediation reached an agreement to terminate mediation. 20th a conciliation agreement, regulators can mediation.

Mediation can contain the following:

(A) the basic situation of the parties;

(B) the power dispute of the major facts, matters of dispute as well as the responsibilities of the parties;

(C) when the parties reach a mediation agreement, fulfilling the method and time limit. The conciliation statement shall be signed or sealed by the mediators and the parties, and with power regulator seal.

    Regulators of mediation should be served on the parties concerned in a timely manner. 21st parties should carry out mediation.

Contents of mediation concerning civil rights and obligations, is of a civil nature, except as otherwise provided by law.

    With the mediation of civil rights and obligations, the parties may apply for the court having jurisdiction to confirm its effectiveness. 22nd with paid content mediation, a party may, in accordance with the People's Republic of China Law on notary requirement so that a notary public has legally granted the compulsory execution effect.

    The debtor does not fulfill or improper fulfilment of compulsory execution effect of notarial documents, the creditor may apply to the court having jurisdiction according to law for enforcement.

    Article 23rd mediation with paid content, the creditor may under the People's Republic of China Law of civil procedure, to the jurisdiction of the people's Court for an order of payment.

    Article 24th involved in mediation shall safeguard learned during the mediation process involving State secrets, business secrets and personal privacy information.

    25th power regulator power dispute conciliation does not charge any fees.

    Article 26th power plant and grid, grid and grid interconnection, network or caused by interconnecting the two sides reach an agreement on both sides of the dispute, in accordance with the dispute settlement provisions on the electricity grid interconnection. 27th article of the regulations come into force on January 1, 2012. March 28, 2005 the State electricity regulatory Commission, released the power dispute conciliation interim measures be repealed simultaneously.