Civil Procedure Law - Cases for Confirmation of Mediation Agreements

(The following clauses are selected from The Arbitration Law of the People's Republic of China translated by Robert Zhang and Steve Lee, international lawyers in Shanghai, and published by Kindle Unlimited.)


Article 201 Where a mediation agreement is reached through mediation by a legally established mediation institute and the parties requests judicial confirmation of their mediation agreement, the parties shall, within 30 days from the effective date of the mediation agreement, jointly file a petition with:

(1) the people's court that invited the mediation institute to conduct the mediation prior to trial; or

(2) the lowest people's court in the jurisdiction where either party's domicile, the subject matter, or the mediation institute is located if the mediation is conducted by the mediation institute without an invitation, or an intermediate people's court of competent jurisdiction if the dispute under the mediation agreement is subject to the jurisdiction of the intermediate people's court.

Article 202 After accepting a petition to confirm the validity of a mediation agreement, the people's court shall review the petition and make an order to confirm the validity of the mediation agreement if it holds that the mediation agreement complies with the law, in which case either party may file a petition with the people's court of competent jurisdiction for enforcement if the other party refuses or fails to perform any or all of its obligations thereunder, or make an order to dismiss the petition if it holds that the mediation agreement does not comply with the law, in which case the parties may alter the original mediation agreement through mediation or file a lawsuit with the people's court of competent jurisdiction.

Practising lawyers

Robert Zhang

An international arbitration lawyer registered in Shanghai, China. Master's degr…

Steve Li

An international arbitration lawyer registered in Shanghai, China. Master's degr…

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