In order to implement the important deployment of the CPC Central Committee and the State Council on clearing up the arrears of enterprise accounts, implement the relevant provisions of the Private Economic Promotion Law on protecting the rights and interests of private economic organizations, give full play to the important role of mediation in solving the arrears of enterprise accounts, and guide private enterprises to mediate through the principle of voluntariness and legality. The Supreme People's Court and the All-China Federation of Industry and Commerce jointly issued the second batch of typical cases of diversified dispute resolution in the field of private economy. There are 10 typical cases in
this batch, focusing on solving the problem of arrears of enterprise accounts, which mainly have the following characteristics: First, implement the important deployment of the Party Central Committee and the State Council on clearing up arrears of enterprise accounts, and safeguard the legitimate rights and interests of enterprises. Chamber of Commerce mediation organizations rely on a deep understanding of the industry's trading habits, payment cycle and the law of capital flow, accurately judge the real causes of debt formation, give full play to the advantages of low cost, high efficiency and harmony of mediation, formulate targeted mediation programs, and achieve the win-win effect of creditor repayment, debtor relief and cooperative relationship repair. The second is to strengthen the "court + chamber of commerce" linkage resolution, highlighting the advantages of professional dispute resolution. Relying on the multi-dispute resolution mechanism of "court + chamber of commerce", the people's court gives full play to the function of guiding mediation, provides professional guidance for the mediation organization of chamber of commerce in the aspects of law application scale, clarifying legal relations, and clarifying the orientation of judicial adjudication, and strengthens judicial guarantee; Chamber of Commerce mediation organizations play the advantages of "familiar with enterprises and industries", based on industry rules, business practices and trading habits, accurately identify the focus of disputes and the interests and concerns of all parties, formulate practical mediation agreements, urge the parties to actively implement mediation agreements through industry self-discipline and credit evaluation system, and promote the efficient resolution of disputes involving enterprises. Third, we should innovate multiple mediation methods and form replicable experience and practices. Chamber of Commerce mediation organizations continue to innovate and explore mediation methods, using multi-party linkage and "penetrating", "first thawing + installment payment", "mutual benefit and win-win" and other dispute resolution methods, forming a number of mediation experiences and practices with promotional value. The Second Batch of Typical Cases
of Diversified Dispute Resolution in the Field of
Private Economy Case 1 (Storage No.: D2026-714-1-084-008) Mediation Case of Sales Contract Dispute between a Concrete Company and a Design Engineering Company — — "Court + Chamber of Commerce" Linkage to Solve the Dilemma of "Triangle Debt" in the Construction Industry 0HTML 0 UNK4 [Basic facts] 0HTML0 UNK5 a concrete company signed a Building Material Purchase Contract with a design engineering company, which stipulated that a concrete company would supply cement stabilized graded gravel and other building materials for the infrastructure project of a design engineering company. After a concrete company supplied goods according to the contract, both parties settled and confirmed that the total payment for goods was 5.8559 million yuan. A design engineering company only paid the down payment of 448500 yuan, and the remaining 540 yuan. A concrete company appealed to the People's Court of Ranghulu District, Daqing City, Heilongjiang Province, and applied for freezing the bank account of the other party, demanding payment of the principal and interest of the arrears, liquidated damages and other expenses. Because the account of a design engineering company was frozen, it faced the operational risk of breaking the capital chain and being unable to participate in the bidding of new projects, and the contradiction between the two sides was further intensified. 0HTML0UNK6 [Mediation process and results] 0HTML0UNK7 After the court received the prosecution materials, considering that both parties are private enterprises and still maintain business contacts, it has the conditions for negotiation and reconciliation. In order to effectively resolve contradictions, block debt chain transmission and ensure the normal operation and development of enterprises, relying on the multi-dispute resolution mechanism of "court + chamber of commerce", the mediation committee of the Federation of Industry and Commerce of Ranghulu District, Daqing City, Heilongjiang Province was invited to form a mediation team, and the mediation organization of the Chamber of Commerce appointed senior mediators in the construction industry to carry out mediation in advance, so as to resolve disputes substantially from the root. 0HTML0UNK8 First, conduct in-depth research and judgment to clarify the key to dispute resolution. After carefully sorting out the case and checking the actual operation of a design engineering company, the mediation team learned that the daily operation of a design engineering company was stable and had the ability to pay off the money involved, but because the project it undertook was owed a large amount of money by the upstream contractor, the related funds had not been settled for a long time, and the liquidity of the enterprise had not been settled. It is not only difficult to pay off the building materials owed at one time, but also a red light for the normal operation of enterprises, facing the risk of breaking the capital chain. This case is a typical "triangular debt" problem in the construction industry, forming a closed-loop debt chain with upstream arrears of project funds, midstream arrears of building materials and downstream difficulties in repayment. After joint judgment, the mediation team believes that the core contradiction of this case is that the creditor urgently needs to withdraw funds to maintain operation, while the debtor is in business difficulties due to account freezing; the key to mediation is how to find a balance between protecting the creditor's substantive rights and unfreezing the debtor's account. 0 HTML 0 UNK9 The second is to explain the law and reason, and guide the weighing of the pros and cons. Guiding judges to carry out legal interpretation to make enterprises fully aware of the possible negative impact on enterprises if mediation fails to enter the trial execution procedure: not only the reputation of enterprises is damaged, but also it is easy to cause successive defaults of upstream and downstream enterprises, which further aggravates the difficulties of capital turnover in the industry; Mediators analyze the debtor's solvency and upstream repayment from the perspective of business logic and industry practices, and guide enterprises to understand the temporary liquidity difficulties of a design engineering company from the perspective of long-term win-win cooperation, so as to find a mutually beneficial and win-win solution. 0 HTML 0 UNK1 0 3 is a customized solution to facilitate reconciliation between the two sides. After sorting out the materials, the mediation team focused on the core dispute of "the claim of creditor's rights of a concrete company and the financial difficulties of a design engineering company", and adopted the "back-to-back" mediation strategy to customize the scheme of "releasing water to raise fish": On the one hand, it showed the upstream repayment certificate of a design engineering company to a concrete company, suggesting that "priority should be given to guaranteeing the principal and relaxing the payment period", so as to avoid "difficult execution of winning the lawsuit"; On the other hand, explain to a design engineering company the impact of account freezing on bidding, financing and other matters, and guide it to face up to its obligations. Finally, the mediation idea of "unfreezing first + paying in installments" was determined. A design and engineering company paid the down payment of 1 million yuan within 3 days after the account was unfrozen, and the remaining payment was paid in two installments. Strict penalty clauses for breach of contract were set as performance guarantees. A concrete company voluntarily gave up the penalty of 52.0 HTML 0 UNK1 1. Fourth, continuous tracking to ensure substantive resolution. After the mediation agreement was reached, the court handled the unfreezing procedures for a design engineering company in accordance with the law, the business of the enterprise gradually returned to the right track, the bidding, capital flow and other business returned to normal, and combined with its actual capital situation and the rhythm of repayment, continued to pay off the arrears in batches. In the process of performance, the two sides have always maintained good communication, creditors fully understand the financial difficulties of debtors, and actively negotiate to promote performance, which not only guarantees the realization of creditors'rights to the greatest extent, but also reserves operating turnover space for indebted enterprises, which not only effectively resolves debt disputes and blocks the chain risk of capital chain. Promote enterprises to continue to carry out cooperation, so that the case can be settled. 0HTML0 UNK1 2 [Typical Significance] 0HTML0 UNK1 3 This case is a sales contract dispute caused by payment arrears between upstream and downstream enterprises in the construction industry, which belongs to a typical "triangular debt" derivative case in the construction field, involving a large amount of money, intertwined debt relations, and the industry generally has the status quo of underwritten operation and lagging upstream repayment. The problems of capital pressure of small and medium-sized enterprises have formed a chain dilemma of "upstream arrears, midstream default and downstream damage". If only a simple judgment is made, it will not only intensify the contradictions and magnify the business crisis caused by the preservation measures, but also aggravate the risk of breaking the capital chain of the whole industry, which may threaten the normal operation and survival and development of the relevant enterprises. In this case, the court relied on the "general to general" online litigation and mediation docking mechanism established by the Supreme People's Court and the All-China Federation of Industry and Commerce, and coordinated with the Federation of Industry and Commerce. It took only 15 days for the two sides to reach an agreement on mediation, to substantially resolve the "triangular debt" involving enterprises, and to achieve the good effect of "protecting the main body of the market and promoting the stability of the chain" in the disputes between upstream and downstream enterprises in the construction industry. In the process of resolution, in view of the pain points of "more advance funds, slow repayment and tight linkage of capital chain" in the construction industry, the simplified treatment method of "freezing" or "exhausting the pond and fishing" is abandoned, and the method of "releasing water to raise fish" of "thawing first, then staging" is adopted. The agreement clarifies the consideration relationship between "reducing or exempting liquidated damages" and "resuming operation", which not only gives the distressed enterprises breathing space to restore their hematopoietic function, but also forces them to perform in good faith with strict liability for breach of contract, thus blocking the chain reaction of "upstream arrears-midstream default-downstream damage" from the root, and cracking the "triangle" of the industry. Finally, the efficient resolution of disputes not only repairs the damaged business partnership, maintains the stability of the industrial chain and supply chain, but also strengthens the spirit of contract through interpretation and reasoning, helps to stimulate market vitality and build a stable and predictable business environment. 0 HTML0 UNK1 4 Case 10 (Warehousing No.: D2026-161-1-084-403) a mining company and a construction company, A labor service company's contract dispute mediation case- "government-court linkage" + "general to general" mechanism to resolve small and medium-sized enterprise payment disputes 0 HTML 0 UNK1 5 [basic case] 0 HTML 0 UNK1 6 a construction company is a large constru ction enterprise, which has undertaken a national key water conservancy project. Later, a construction company subcontracted the grouting, concrete, steel bar and other parts of the project to a labor service company. Due to the need of project construction, a construction company and a labor service company jointly purchased stone from a mining company and signed a sales contract. Because a construction company and a labor service company failed to pay for the stones in time, a mining company appealed to the People's Court of Fengjie County, Chongqing, demanding that a construction company and a labor service company pay 240.0 HTML0 UNK1 7 [mediation process and results] 0 HTML0 UNK1 8. Considering that the case involves key projects, in order to ensure the normal progress of the project and safeguard the legitimate rights and interests of small and medium-sized enterprises, on the basis of obtaining the consent of the parties concerned, relying on the "general to general" online litigation and mediation docking mechanism established by the Supreme People's Court and the All-China Federation of Industry and Commerce, the People's Mediation Committee of the General Chamber of Commerce of Fengjie County, Chongqing, was entrusted with the first mediation. Set up a mediation team to jointly resolve disputes. HTML 0 UNK1 9 is to visit together and identify the crux of the problem. In order to better understand the dispute, the mediation team visited the parties. A mining company requires a construction company and a labor service company to jointly pay for the arrears and the loss of capital occupation.A construction company and a labor service company believe that the sales contract stipulates that the payment for the project will be made after receiving the payment from the general contractor or the contracting unit, but the current payment requirements for the project are not met. At the same time, due to the increase in temporary expenditure of the project involved in the case, a construction company and a labor service company are now facing the dilemma of insufficient payment capacity. The mediation group clarified the focus of the dispute: how to pay for the goods.
Second, we should analyze according to law and effectively take into account the interests of all parties. In the process of mediation, the guiding judge explained to both parties that the payment clause of the sales contract involved in the case was a "back-to-back" clause, whose essence was to transfer the risk of large enterprises to small and medium-sized enterprises, which violated the provisions of the Regulations on Guaranteeing the Payment of Small and Medium-sized Enterprises and was not legally binding. The staff of the water conservancy department explained the financial difficulties of a construction company and a labor service company in the construction of the project, and hoped that a mining company would give the other party a reasonable payment period. From the perspective of maintaining the goodwill of the enterprise, the mediator of the Chamber of Commerce, on the one hand, guides a construction company and a labor service company to face up to the payment obligation, on the other hand, puts forward the plan of phased performance according to the current construction progress and payment nodes of the project. After repeated consultations, a mining company agreed that a construction company and a labor service company should fulfill their payment obligations in two phases.
Third, online supervision and implementation, and thorough resolution of disputes. In order to ensure the timely implementation of the mediation agreement by a construction company and a labor service company, the mediation team invited a mining company, a construction company and a labor service company to set up a Wechat group for performance supervision. Water conservancy departments take the initiative to dock with project contractors and track and understand the situation of project payment nodes in real time. After the project contractor pays the project funds, the mediation team supervises a construction company and a labor service company to pay the arrears to a mining company in accordance with the agreement. So far, the dispute has been resolved efficiently.
[Typical significance]
This case is a sales contract dispute between large enterprises and small and medium-sized enterprises due to arrears of payment during the construction of key projects, involving the validity of the "back-to-back" clause and the insufficient payment ability of the payer. In this case, the court entrusted the mediation organization of the Chamber of Commerce to carry out the first mediation relying on the "general to general" online litigation and mediation docking mechanism established by the Supreme People's Court and the All-China Federation of Industry and Commerce; at the same time, relying on the linkage mechanism between the government and the court, the court invited the administrative departments to jointly participate in the substantive dispute resolution work. In the process of mediation, the mediation team fully takes into account the interests of both enterprises, the Chamber of Commerce gives full play to its advantages of close contact with enterprises, and promotes the willingness of both parties to negotiate and solve; the court provides professional legal support; Administrative departments should assist in verifying the ability to pay and supervising the implementation of agreements, so as to achieve the effect of "1 + 1 + 1 > 3", and ultimately resolve disputes efficiently and substantively, which not only guarantees the normal progress of key construction projects, but also effectively safeguards the legitimate rights and interests of small and medium-sized enterprises, guarantees their survival and development, and helps to optimize the legal business environment.
浙公网安备33010802003254号