Wu Xinxiong, chairman of the State Electricity Regulatory Commission, issued the "National Electricity Regulatory Commission Decree No. 30" recently, and promulgated the Regulations on the Dispute Resolution of Power Disputes (hereinafter referred to as the "Regulations"). The "Regulations" will be implemented as of January 1, 2012. The "Interim Measures for Mediation of Power Disputes" issued on March 28, 2005 shall be repealed at the same time.
The Regulations on the Dispute of Power Disputes Dispute aims to standardize the mediation of disputes over electric power disputes, improve the mediation system for disputes over electric power disputes, and resolve power disputes in a timely manner. The "Regulations" pointed out that the State Electricity Regulatory Commission and its dispatched agencies (hereinafter referred to as the power regulatory agencies) mediate power disputes. In the mediation of power disputes, the following principles will be followed: mediation on the basis of voluntariness and equality of the parties; fairness and reasonableness in violation of laws, administrative regulations, and national policies; and respect for the rights of the parties, shall not prevent the parties from adjudicating the arbitration in accordance with the law. Justice and other ways to safeguard their rights.
The "Regulations" make it clear that the parties can apply to the power regulatory agency for mediation, and the power regulators can also take the initiative to mediate. If one of the parties expressly refuses to mediate, it may not mediate. After receiving an application for mediation, the power regulatory agency shall decide whether to accept and notify the parties within seven days. Power regulatory agencies to mediate power disputes, should be based on the complexity of the dispute disputes and the size of the dispute dispute, designated one or three mediators to mediate. The mediator shall mediate his work and shall not be partial to one of the parties. He shall not use the convenience of mediation to obtain unfair advantage, nor may disclose the party’s commercial secrets and personal privacy. If the parties believe that the mediator has a favorable relationship with the dispute over electric power disputes or other relationships may affect fair mediation, they may apply to the electric power regulatory agency for avoidance by mediators. If the mediator considers that he has an interest or other relationship with the dispute over electric power disputes that may affect fair mediation, he should apply for withdrawal on his own. The parties may appoint agents to participate in mediation. Where the agent is represented by an agent, the principal shall submit a power of attorney. Where a dispute over electric power involves a third party, it shall notify the third party to participate.
In the mediation process, the parties shall truthfully state the facts, observe the mediation order, and respect the mediator and the other party. In the mediation process, the power regulatory agency may terminate the mediation if the parties conceal important facts, provide false information, or intentionally delay the time. If the result of mediation involves the interests of a third party, it shall obtain the third party's consent. If the third party does not agree, terminate the mediation. The mediation shall be closed within three months from the date of acceptance. Due to the complexity of the situation, if the case cannot be closed within the prescribed time, it may be appropriately extended but it shall not exceed six months. If mediation fails to reach agreement, mediation will be terminated. If an agreement is reached through mediation, the power regulatory agency may make a mediation. The parties shall perform the mediation statement. With a mediation book with civil rights and obligations, a party may apply to a people’s court with jurisdiction to confirm its effectiveness. With a mediation book with payment contents, the parties may apply for a compulsory enforcement authority according to the "Notarization Law of the People's Republic of China" according to law. If the debtor fails to perform or improperly performs the notarial document with enforcement effect, the creditor may apply to the people’s court with jurisdiction for execution according to law. With a mediation book with payment content, the creditor may apply to the competent people's court for an order of payment in accordance with the "Civil Procedure Law of the People's Republic of China."
The "Regulations" pointed out that those involved in mediation should keep the information that is known in the mediation process involving state secrets, trade secrets and personal privacy. Power regulators do not charge any fees for mediating power disputes. The power plants are interconnected with the power grid, and the power grid and the power grid are interconnected. Disputes over disputes arising from agreements between the two parties involved in the grid connection or the interconnection are handled in accordance with the Dispute Settlement Regulations for the Power Grid Interconnection.
The Regulations on the Dispute of Power Disputes Dispute aims to standardize the mediation of disputes over electric power disputes, improve the mediation system for disputes over electric power disputes, and resolve power disputes in a timely manner. The "Regulations" pointed out that the State Electricity Regulatory Commission and its dispatched agencies (hereinafter referred to as the power regulatory agencies) mediate power disputes. In the mediation of power disputes, the following principles will be followed: mediation on the basis of voluntariness and equality of the parties; fairness and reasonableness in violation of laws, administrative regulations, and national policies; and respect for the rights of the parties, shall not prevent the parties from adjudicating the arbitration in accordance with the law. Justice and other ways to safeguard their rights.
The "Regulations" make it clear that the parties can apply to the power regulatory agency for mediation, and the power regulators can also take the initiative to mediate. If one of the parties expressly refuses to mediate, it may not mediate. After receiving an application for mediation, the power regulatory agency shall decide whether to accept and notify the parties within seven days. Power regulatory agencies to mediate power disputes, should be based on the complexity of the dispute disputes and the size of the dispute dispute, designated one or three mediators to mediate. The mediator shall mediate his work and shall not be partial to one of the parties. He shall not use the convenience of mediation to obtain unfair advantage, nor may disclose the party’s commercial secrets and personal privacy. If the parties believe that the mediator has a favorable relationship with the dispute over electric power disputes or other relationships may affect fair mediation, they may apply to the electric power regulatory agency for avoidance by mediators. If the mediator considers that he has an interest or other relationship with the dispute over electric power disputes that may affect fair mediation, he should apply for withdrawal on his own. The parties may appoint agents to participate in mediation. Where the agent is represented by an agent, the principal shall submit a power of attorney. Where a dispute over electric power involves a third party, it shall notify the third party to participate.
In the mediation process, the parties shall truthfully state the facts, observe the mediation order, and respect the mediator and the other party. In the mediation process, the power regulatory agency may terminate the mediation if the parties conceal important facts, provide false information, or intentionally delay the time. If the result of mediation involves the interests of a third party, it shall obtain the third party's consent. If the third party does not agree, terminate the mediation. The mediation shall be closed within three months from the date of acceptance. Due to the complexity of the situation, if the case cannot be closed within the prescribed time, it may be appropriately extended but it shall not exceed six months. If mediation fails to reach agreement, mediation will be terminated. If an agreement is reached through mediation, the power regulatory agency may make a mediation. The parties shall perform the mediation statement. With a mediation book with civil rights and obligations, a party may apply to a people’s court with jurisdiction to confirm its effectiveness. With a mediation book with payment contents, the parties may apply for a compulsory enforcement authority according to the "Notarization Law of the People's Republic of China" according to law. If the debtor fails to perform or improperly performs the notarial document with enforcement effect, the creditor may apply to the people’s court with jurisdiction for execution according to law. With a mediation book with payment content, the creditor may apply to the competent people's court for an order of payment in accordance with the "Civil Procedure Law of the People's Republic of China."
The "Regulations" pointed out that those involved in mediation should keep the information that is known in the mediation process involving state secrets, trade secrets and personal privacy. Power regulators do not charge any fees for mediating power disputes. The power plants are interconnected with the power grid, and the power grid and the power grid are interconnected. Disputes over disputes arising from agreements between the two parties involved in the grid connection or the interconnection are handled in accordance with the Dispute Settlement Regulations for the Power Grid Interconnection.
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