1. Any dispute arising out of or in relation to this Contract, the parties shall first submit the dispute to the Shanghai Commercial Mediation Center for mediation.


2.Where any settlement reached during the mediation, the parties may submit the settlement agreement to [the people’s court with jurisdiction] for a judicial confirmation or, to [the full name of the arbitration organization] for an arbitration award or, to [the full name of the notary public office] for a notarial certificate.


3.Where no settlement reached during the mediation, the parties may submit the dispute to [the full name of the arbitration organization] for arbitration, or to [the people’s court with jurisdiction] for litigation.


Shanghai Commercial Mediation Center (“SCMC”) is an international commercial mediation institution within the “One-Stop” Diversified International Commercial Dispute Resolution Platform (the “Platform”) of the Supreme People’s Court of PRC. In order to better play the positive role of mediation, the model clauses on “Mediation First” for international commercial disputes are hereby launched as follows:


(1) For a dispute arising out of cross-border commercial activities, all parties shall agree to resolve the dispute through mediation at SCMC before commencement of legal proceedings.


(2) For an international commercial dispute subject to the scope of cases stipulated in Article 2 of the Provisions of the Supreme People’s Court on Several Issues Regarding the Establishment of International Commercial Court, where no settlement reached during the mediation at SCMC, all parties agree to file a lawsuit to the International Commercial Court of the Supreme People’s Court through the Platform.





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