Dispute Settlement Mechanism-World Credit Organization

9.4 Dispute settlement mechanism

9.4.1 List of dispute resolution methods

It is normal for people to have subjective misunderstandings and disputes in social activities, especially in commercial activities, and objective disputes are also inevitable. How to resolve subjective misunderstandings and subjective disputes in a timely manner, so that both parties can achieve the purpose of cooperation? How can objective disputes be regulated by justice and fairness, so as to avoid damage to the legitimate rights and interests of both parties? These are all questions that the dispute settlement mechanism needs to answer. When a dispute occurs, there are generally the following eight solutions:

One, file a lawsuit with the court;

Second, apply to an arbitration institution for arbitration;

Third, if the other party's dishonesty and breach of contract involve illegal or criminal acts, they can report to the administrative or judicial department;

Fourth, complain to the consumer association and ask the consumer association to assist in rights protection;

5. Complain to the media to attract public attention;

6. Ask social organizations or impartial personnel to mediate;

7. According to the nature of the dispute, request the WTO and other international organizations to make a ruling;

8. Through the ICE8000 dispute settlement mechanism, disputes are resolved by means of credit.

In the absence of the ICE8000 international credit standard system, there are only the first seven solutions.

The dispute resolution mechanism of the ICE8000 international credit standard system mainly uses fair and just procedures and credit threats, credit penalties and social moral forces to handle disputes. It is a systematic and comprehensive dispute resolution mechanism. The emergence of the ICE8000 dispute settlement mechanism has provided people with an additional choice for resolving disputes.

9.4.2 Contents of ICE8000 Dispute Resolution Mechanism

The following elements of the ICE8000 international credit standard system have established a dispute settlement mechanism for the society.

1. Credit information dissemination

People can follow the principle of good faith and make credit complaints according to the standards of "ICE8000 Internal Complaint Standard", "ICE8000 Credit Early Warning Standard", "ICE8000 Public Complaint Standard", "ICE8000 Internal Exposure Standard", "ICE8000 Public Exposure Standard" and other standards , and then achieve the purpose of resolving disputes through the credit complaint procedure.

Second, behavioral identification

People can follow the "ICE8000 Identification Standards for Untrustworthy Behaviors and Attribution of Responsibilities", "ICE8000 Identification Standards for Untrustworthy Behaviors and Attribution of Responsibilities", "ICE8000 Identification Standards for Evil Behaviors and Attribution of Responsibilities", "ICE8000 Standards for Identification of Moral Conscience and Persuasion ", "ICE8000 Social Responsibility (Moral Responsibility) Appraisal and Admonishment Standards" and other standards to determine the nature of the behavior of oneself and related stakeholders, and then resolve disputes and resolve conflicts on the premise of clearly distinguishing wrong from wrong. It is also possible to apply to the ICE8000 credit agency for the identification of the nature of the behavior, and resolve disputes and resolve conflicts through the identification process.

3. Mediation

People can apply for mediation of related disputes according to the "ICE8000 International Credit Dispute Mediation Standard".

During the credit practice procedures of ICE8000 credit institutions, the parties may request ICE8000 credit institutions to mediate disputes at any time. As long as the parties to the dispute agree to mediate, ICE8000 credit institutions can follow the "ICE8000 International Credit Dispute Mediation Standards", Mediate disputes in an appropriate manner.

4. Arbitration

People can submit relevant disputes to the International Credit Dispute Arbitration Committee of the World Credit Organization [WCO] for arbitration in accordance with the "ICE8000 International Credit Dispute Arbitration Standard".

V. Trial

People can submit relevant disputes to the International Ethical Court of the World Credit Organization [WCO] for trial according to the "ICE8000 International Credit Dispute Trial Standards".

6. Prevention of false, false and malicious complaints

The ICE8000 international credit standard system provides the society with a rapid dispute resolution mechanism, which is characterized by the use of credit information dissemination to resolve various disputes. However, noting the possibility of negligent, false, malicious complaints and exposure, the system has designed objection and deletion procedures to prevent malicious complaints and filter incorrect credit information in a timely manner.

7. World Credit Organization [WCO] Dispute Settlement Body

The World Credit Organization [WCO] has established the following dispute resolution bodies:

(1) ICE8000 credit institution.

The World Credit Organization [WCO] authorizes ICE8000 credit institutions to mediate disputes in the ICE8000 credit standards and related work instructions, and most of the relevant practice procedures also include dispute resolution methods. Therefore, the ICE8000 credit agency can be regarded as a dispute settlement agency authorized by the World Credit Organization [WCO].

(2) Legal Work Committee.

The Legal Work Committee is affiliated to the Administrative Council and is responsible for supervising credit information release, objection, and deletion procedures. The legal work committee does not directly resolve disputes, but indirectly helps the parties to achieve the purpose of resolving disputes through the supervision of credit information release, objection, and deletion procedures. Also, as the Legal Works Commission does not accept the case. Therefore, the Legal Works Commission may not be regarded as a dispute settlement institution.

(3) International Credit Dispute Mediation Committee.

Although the International Credit Dispute Mediation Committee is affiliated to the Executive Council, it is an independent working department. The committee acts in accordance with the principle of independence, and the president of the Executive Council has no right to directly intervene in its affairs.

(4) International Credit Dispute Arbitration Commission.

Although the International Credit Dispute Arbitration Commission is affiliated to the Executive Council, it is an independent working department. The committee acts in accordance with the principle of independence, and the president of the Executive Council has no right to directly intervene in its affairs.

(5) International Court of Ethics.

The International Court of Ethics is the exerciser of the trial and adjudication power in the separation of powers of the World Credit Organization [WCO]. It is not affiliated with the Executive Council or the Council. The World Credit Organization [WCO] implements the right to express members' will (the power belongs to the individual council and the institutional council), the administrative power (the power belongs to the president and the administrative execution system), the trial power (the power belongs to the International Moral Court , the international ethics court is composed of the board of supervisors, the trial committee, and the jury) the basic system of separation of three powers, the three powers are relatively independent, mutually supervised, and mutually restricted. Directors may not concurrently serve as administrators, supervisors, or trial members; supervisors and trial members may not concurrently serve as administrative personnel or directors; administrative personnel may not concurrently serve as directors or supervisors and trial members.

The tenure of supervisors is life-long. According to the nomination of the president, he will serve after deliberation by the board of directors. The members of the supervisory board shall be an odd number of 7 or less. The Board of Supervisors adopts a one-vote veto system to form resolutions.

Adjudication committee members are nominated by the president and serve after deliberation by the board of directors. The term of the trial committee is one year, but if they do not resign or are dismissed, they can be automatically re-elected indefinitely.

The International Ethical Court hears the case and files the case according to the jurisdiction of the Supervisory Board and the Trial Committee. The Moral Court composed of the Trial Committee, Jury, and Supervisory Committee independently hears and makes independent decisions. People have the right to monitor but not the right to intervene.

Based on the fact that the ICE8000 system is based on the common law system, the International Moral Court also conducts trials on the basis of the common law system. For example: emphasizing that procedural justice is higher than substantive justice, emphasizing the pursuit of substantive justice with procedural justice.

9.4.3 Specific measures of ICE8000 dispute settlement mechanism

The ICE8000 dispute settlement mechanism has many specific measures for people to choose. In the "ICE8000 Dispute Resolution Mechanism and Credit Supervision Clause (CS Clause) Agreement Standard", the measures of the dispute resolution mechanism are clearly stipulated.

The dispute settlement mechanism of the ICE8000 international credit standard system includes the following measures:

(1) According to the "ICE8000 International Credit Standard System Quick Credit Evaluation Standard", resolve disputes through quick credit evaluation information.

(2) According to the "Internal Complaint Standards of ICE8000 International Credit Standard System", resolve disputes through internal complaints;

(3) According to the "ICE8000 International Credit Standard System Credit Early Warning Standard", resolve disputes through credit early warning;

(4) According to the "ICE8000 International Credit Standard System Public Complaint Standard", resolve disputes through public complaints;

(5) According to the "Internal Exposure Standards of ICE8000 International Credit Standard System", resolve disputes through internal exposure;

(6) According to the "ICE8000 International Credit Standard System Public Exposure Standard", resolve disputes through public exposure;

(7) According to the "ICE8000 International Credit Standard System Joint Exposure (Issuance of Credit Wanted Order) Standard", resolve disputes through joint exposure;

(8) In accordance with the "ICE8000 International Credit Standard System Credit Supervision Standard", entrust credit institutions to resolve disputes;

(9) In accordance with the "ICE8000 International Credit Standard System Credit Commercial Debt Collection Standard", entrust credit institutions to resolve disputes;

(10) Apply for mediation by the World Credit Organization [WCO] in accordance with the "ICE8000 International Credit Standard System International Credit Dispute Mediation Standards";

(11) Apply for arbitration by the World Credit Organization [WCO] in accordance with the "ICE8000 International Credit Standard System International Credit Dispute Arbitration Standard";

(12) Apply for trial by the World Credit Organization [WCO] in accordance with the "ICE8000 International Credit Standard System International Credit Dispute Trial Standards".

9.4.4 Features of ICE8000 dispute resolution mechanism

The ICE8000 dispute settlement system has the following characteristics:

1. The operation of this dispute settlement mechanism is fair, just, open, and transparent, and there are no unfavorable factors such as black-box operations. In addition, the separation of powers system of the World Credit Organization [WCO] also guarantees the integrity of relevant staff, and guarantees the fairness, justice and openness of the dispute settlement mechanism from the system.

Second, this dispute settlement mechanism is based on the legal principles of freedom of contract, freedom of speech, public order and good customs, and good faith, and these four legal principles are the general principles of the laws of most countries in the world today, so ICE8000 dispute settlement Mechanisms are generally applicable to most countries in the world.

Third, the cost of this dispute settlement mechanism is relatively low. In particular, the parties resolve disputes through credit complaints, and the cost is very low.

4. The parties concerned always play a decisive role in this dispute resolution mechanism. They exercise their credit evaluation rights in accordance with the principle of good faith and assume corresponding responsibilities without relying on other departments.

Five, flexible and broad. Any matter and any dispute can use the ICE8000 dispute settlement mechanism. Regardless of whether the CS clause is agreed in advance, you can always find an ICE8000 standard that you can use to resolve your own disputes.

Sixth, the legal risk of injustice can be avoided. The parties have the right to expressly agree to exclude the jurisdiction of the court in the CS clause. In this way, some unfair and opaque legal risks can be avoided.

9.4.5 General steps of ICE8000 dispute resolution mechanism

1. In the case of agreeing on CS clauses, the parties can initiate corresponding procedures and steps in accordance with the agreed CS clauses.

2. In the absence of an agreement on the CS clause, the parties may choose the following procedures and steps in whole or in part. Generally, the principle of increasing punishment from low to high should be followed, and the untrustworthy person should be given a chance to correct.

The first step is to collect and save relevant evidence, issue a warning to the other party, and clearly inform the other party that if the other party does not correct the dishonest behavior, the ICE8000 credit punishment procedure will be initiated.

The second step is internal complaints. If the other party raises an objection, it can enter the third step, or: submit to the World Credit Organization [WCO] for mediation, arbitration, and trial (because it raises an objection, the default CS clause has taken effect, so it can be submitted to mediation or arbitration, and CS is not required for the trial) Terms of support, the same below).

The third step is credit warning. If the other party raises an objection, you can enter the fourth step, or: submit to the World Credit Organization [WCO] for mediation, arbitration, and trial.

The fourth step is to make the complaint public. If the other party raises an objection, you can enter the fifth step, or: submit to the World Credit Organization [WCO] for mediation, arbitration, or trial.

The fifth step is internal exposure. If the other party raises an objection, you can enter the sixth step, or: submit to the World Credit Organization [WCO] for mediation, arbitration, or trial.

The sixth step is public exposure. If the other partyTo raise an objection, you can enter the seventh step, or: submit to the World Credit Organization [WCO] for mediation, arbitration, and trial.

The seventh step is to apply for a credit warrant to the International Moral Court.

The above content is excerpted from "Introduction to ICE8000 Credit Knowledge" (written by Fang Bangjian, free to use, but please indicate the source)