ICE8000 dispute settlement mechanism and credit supervision clause (CS clause) agreed standard

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ICE8000 international credit standard system 
dispute settlement mechanism and credit supervision clause (CS clause) agreed standard

(Version: ICE8000-018-20090413-20141025-16) 
(This standard) Writer: Fang Bangjian ; proposer: Fang Bangjian ; deliberative body: World Credit Organization Credit Standards Committee; effectiveness level: administrative resolution

Chapter I General Provisions

1.1 In order to help people prevent the risk of dishonesty and accumulate credit records, promote social integrity, reduce transaction costs, and enhance human well-being, the World Credit Organization [WCO] has established this standard in accordance with internationally accepted legal principles and international practices.

1.2 The main legal basis for the development, application and implementation of this standard is as follows:

(1) The principle of freedom of the Constitution. The constitutions of the vast majority of countries in the world give people the freedom to defend their legitimate rights, the freedom to maintain social justice and the freedom to express their opinions.

(2) The principle of public order and goodness of law. This legal principle gives people the right to maintain social justice. The basic principles of civil law in most countries of the world include the principles of public order and good customs.

(3) The principle of good faith in law. This legal principle gives people the obligation of good faith. Most countries in the world regard the principle of good faith as the basic law of their civil and commercial laws.

(4) The principle of freedom of contract in law, also known as the principle of free agreement. This legal principle gives people the freedom to enter into a civil contract. The basic principles of civil law in most countries of the world include the principle of freedom of contract.

1.3 The conduct of the application and implementation of this standard shall be deemed to be the tripartite or multi-party contractual act of the World Credit Organization [WCO] in Delaware, USA, as an attestation or supervisor, and The relevant disputes arising from this act are applicable to and protected by the laws of the State of Delaware and the United States, and the jurisdiction is also the International Court of Ethics or the Delaware Court of the United States and the United States Federal Court. If the parties have agreed otherwise or otherwise stated in the applicable law and/or jurisdiction, the binding does not involve the World Credit Organization [WCO].

1.4 People agree to use the ICE80000 international credit standard system dispute settlement mechanism and credit supervision provisions, this standard is applicable.

1.5 The terms of the dispute resolution mechanism and credit supervision (CREDIT-SUPERVISING) referred to in this standard, referred to as the CS clause, refer to the terms of the credit supervision rights, obligations, and dispute settlement mechanism. As a condition of purchase, sale, investment, cooperation, and service, people can agree to the terms of the contract with the other party by contract or other forms to avoid the risk of losing trust and accumulating their own integrity records.

1.6 The terms of the CS Terms are governed by reasonable, lawful and voluntary principles.

1.7 All parties applying this standard shall abide by the principle of good faith, moral bottom line and social responsibility bottom line in the process of applying this standard, and exercise and assume the rights and obligations stipulated in this standard.

1.8 All parties to this standard are deemed to have fully understood and committed to comply with all the terms of this standard. However, if any party to this standard finds any unfairness in any of the provisions of this standard, it has the right to publicly declare that it is not subject to public disclosure of the relevant circumstances and reasons and written notice to the World Credit Organization [WCO]. Terms and conditions.

Chapter II Agreement on the dispute resolution mechanism

2.1 The ICE8000 international credit standard system dispute resolution mechanism includes the following measures:

(1) According to the "ICE8000 International Credit Standard System Fast Credit Evaluation Standard", the dispute is resolved by issuing fast credit evaluation information.

(2) Resolve disputes through internal complaints in accordance with the “Internal Complaint Standards of the ICE8000 International Credit Standard System”;

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

(4) Resolve disputes through public complaints in accordance with the “Open Complaint Standard for ICE8000 International Credit Standard System”;

(5) Resolve disputes through internal exposure in accordance with the “Internal Exposure Standards for the ICE8000 International Credit Standard System”;

(6) Resolve disputes through public exposure in accordance with the "Open Exposure Standard for ICE8000 International Credit Standard System";

(7) Resolve disputes through joint exposure in accordance with the "ICE8000 International Credit Standards System Joint Exposure (Certificate of Issuance of Credits) Standards];

(8) Entrusting credit institutions to resolve disputes in accordance with the “Certificate of Credit Supervision of ICE8000 International Credit Standard System”;

(9) Entrusting the credit institution to resolve the dispute in accordance with the “CE8000 International Credit Standard System Credit Business Account Collection Standard”;

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

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

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

2.2 If the parties agree to settle their disputes with the ICE8000 international credit standard system, the parties are obliged to use at least three 2.1 measures to resolve the disputes, and also have the right to use the 2.1 measures to resolve the disputes.

2.3 The agreed statement of the ICE8000 international credit standard system dispute settlement mechanism is one of the following, and the unambiguous statement with the following statement and semantics is a valid agreement:

(1) The contract complies with the principle of good faith, the moral bottom line, and the bottom line of social responsibility. The disputes arising from the unfinished matters or implementation are resolved through friendly negotiation between the two parties. If the negotiation fails, the ICE8000 international credit standard system dispute settlement mechanism will be handled.

(2) The contract complies with the principle of good faith, the moral bottom line, and the social responsibility bottom line is signed and executed. The disputes that have not been completed or executed during the execution are resolved through friendly negotiation between the two parties. If the negotiation fails, the ICE8000 international credit standard system will be handled.

(3) The contract complies with the principle of good faith, the moral bottom line, and the social responsibility bottom line is signed and executed. The disputes that have not been completed or executed during the execution are resolved through friendly negotiation between the two parties. If the negotiation fails, the ICE8000 will be processed.

(4) The disputes in this contract shall be handled in accordance with the ICE8000 international credit standard system dispute settlement mechanism.

(5) The disputes in this contract are handled in accordance with the ICE8000 international credit standard system.

(6) The dispute in this contract is handled by ICE8000.

2.4 If the parties undertake to abide by the ICE8000 international credit standard system, their stakeholders shall have the right to use the measures of 2.1 to resolve various disputes with them.

2.5 The parties may also agree on one or more of the measures described in 2.1 as a dispute settlement.

Chapter III General CS Terms

3.1 General CS clause refers to the credit supervision clauses that formally, reciprocally and comprehensively stipulate three obligations of formal recognition, formal proposal and internal complaint.

3.2 The content of the general CS clause is: “This contract complies with the principle of good faith, the moral bottom line, and the social responsibility bottom line is signed and executed. If one party believes that the other party is out of default, it is obliged to conduct an internal complaint in accordance with the “Internal Complaint Standard for ICE8000 International Credit Standard System”. If one party believes that the other party is in good faith, it is obliged to make a formal commendation in accordance with the "ICE8000 International Credit Standards System Officially Appraised Standards"; if one party has suggestions to the other party, it is obliged to make formal recommendations in accordance with the "Formal Recommended Standards for the ICE8000 International Credit Standard System". ”

3.3 Contractual terms that are semantically consistent with the content of the general CS clause and that are unambiguous, are valid general CS clauses.

Chapter IV Special CS Terms

4.1 Special CS clause refers to the credit supervision clause that partially or non-reciprocally agreed on three obligations (recognition obligation, recommendation obligation, internal complaint obligation), or credit supervision of credit supervision rights or obligations other than three obligations. Terms.

4.2 The following clauses or terms that are semantically consistent with the following clauses and which are unambiguous are valid CS clauses:

(1) Agreement on internal complaints.

"This contract complies with the principle of good faith, the moral bottom line, and the bottom line of social responsibility. If one party believes that the other party has lost the trust and defaulted, it is obliged to conduct an internal complaint in accordance with the "Internal Complaint Standard for the ICE8000 International Credit Standard System."

(2) Appointment of public complaints.

"This contract complies with the principle of good faith, moral bottom line, and social responsibility bottom line signing and execution. If one party believes that the other party has lost the trust and defaulted, it is obliged to make a public complaint in accordance with the "ICE8000 International Credit Standard System Public Complaint Standard."

(3) Agreeing on internal exposure obligations.

"This contract complies with the principle of good faith, the moral bottom line, and the social responsibility bottom line is signed and executed. If one party believes that the other party has lost the trust and defaulted, it is obliged to conduct internal exposure in accordance with the "ICE8000 International Credit Standard System Internal Exposure Standard."

(4) Agreeing to disclose exposure obligations.

"This contract complies with the principle of good faith, moral bottom line, and social responsibility bottom line signing and execution. If one party believes that the other party has lost the trust and defaulted, it is obliged to publicly expose it according to the "ICE8000 International Credit Standard System Public Exposure Standard."

(5) unilaterally pledge the right to give the other party a public complaint

"I guarantee that the relevant information provided is true. Otherwise, I am willing to bear the credit responsibility for public complaints in accordance with the "ICE8000 International Credit Standards System Open Complaint Standard."

(6) To stipulate unspecified credit responsibilities, the complainant shall independently choose the corresponding ICE8000 standard to pursue the breach of trust of the defaulting party.

"I certify that the evidence submitted is true. Otherwise, I am willing to assume the corresponding responsibility for breach of trust in accordance with the ICE8000 international credit standard system."

(7) At the same time, the arbitration clause is agreed.

"This contract complies with the principle of good faith, moral bottom line, and social responsibility bottom line signing and execution. If one party believes that the other party has lost the trust and defaulted, it is obliged to make a public complaint in accordance with the "Internal Complaint Standard for ICE8000 International Credit Standard System". If the dispute remains unresolved, Obligation to conduct arbitration in accordance with the ICE8000 International Credit Standards System International Credit Dispute Arbitration Standard."

(8) Other content recognized by the World Credit Organization [WCO].

4.3 The agreed terms of the dispute resolution mechanism of the ICE8000 international credit standard system mentioned in 2.1, 2.3 and 2.5 of this standard also belong to a special CS clause.

Chapter V: The Ways and Effects of the CS Terms

5.1 People can agree on the CS clause by contract, or they can agree on the CS clause by other means such as commitment mode, default mode and so on.

5.2 The CS clause stipulated in a unilateral commitment can only give others the right to credit supervision, and cannot give others the obligation of credit supervision.

5.3 By default, the CS clause will automatically take effect after the default event occurs.

5.4 If the parties deem it necessary, the ICE8000 standard agreed in the CS clause may be printed as an attachment to the contract.

5.5 In the event of a conflict between the content of the CS clauses agreed at different times, the content of the newly agreed CS clause shall prevail.

In the event of a conflict between the content of the CS clause agreed at the same time, the content of the CS clause agreed in the written contract shall prevail.

5.6 The CS clause in the contract shall be deemed to be a separate and independent clause from the other terms of the contract. The CS clause attached to the contract and the default CS clause shall also be considered as a separate and independent part of the other terms of the contract. The modification, termination, termination, invalidation or invalidation of the contract and the existence or non-existence of the contract shall not affect the validity of the CS clause.

5.7 The defense of the validity of the CS clause shall be made when the knowledge of the terms of the CS clause is known or should be known for the first time.

Chapter VI Liability for breach of contract and method of investigation

6.1 If the party violates the provisions of this standard, it shall bear the following liability for breach of contract:

(1) The corresponding legal liability, namely: the legal punishment prescribed by the relevant applicable law.

(2) Corresponding credit responsibility, that is, to bear credit punishments such as internal complaints, public complaints, credit warnings, internal exposure, public exposure, joint exposure, etc.

(3) The corresponding industry self-discipline responsibility, namely: announcement of criticism, fines, cancellation of credit card, prohibition of self-discipline and other disciplines.

(4) If the breach of contract causes losses (including material damage and mental damage) to others, it shall be liable for compensation. If the breach of contract constitutes a malicious dishonesty, it shall also make punitive damages to the infringed person in accordance with international practice and the principle of common law.

6.2 Method of investigation of liability for breach of contract:

(1) According to the "ICS8000 International Credit Standard System Internal Complaint Standard" or "ICE8000 International Credit Standard System Public Complaint Standard" or "ICE8000 International Credit Standard System Credit Warning Standard" or "ICE8000 International Credit Standard System Internal Exposure Standard" or "ICE8000" International Exposure Standards for Public Credit Standards or Joint Exposure Standards for ICE8000 International Credit Standards System for credit complaints and credit penalties;

(2) Applying for arbitration under the International Credit Dispute Arbitration Commission in accordance with the ICE8000 International Credit Standards System International Credit Dispute Arbitration Standard, without the need to submit a separate arbitration agreement;

(3) Apply to the International Moral Court for trial in accordance with the ICE8000 International Credit Standards System International Credit Dispute Trial Standard;

(4) If the defaulter has the membership of the World Credit Organization [WCO], the parties also have the right to make a complaint in accordance with the World Credit Organization [WCO] Member Supervision Standards;

(5) File a lawsuit in the US Delaware Court or the US Federal Court in accordance with the laws of the State of Delaware or the United States federal law.

6.3 Violations of the provisions of this standard may and should be considered as an independent breach of contract or dishonesty. If the relevant parties appear in the process of applying this standard, such acts as fraudulent, covert, defamatory, insulting, and denying others' credit evaluation rights, the act is an independent malicious dishonesty act or an independent serious malicious dishonesty. The parties concerned have the right to merge. Investigate or separately pursue the responsibility of the independent dishonesty.

6.4 The responsibility for breach of contract in this standard shall be based on the principle of ignoring:

(1) Only the aggrieved party will take the initiative to pursue the investigation, and the defaulting party will bear the corresponding liability for breach of contract;

(2) The aggrieved party has the right to decide whether to initiate the corresponding accountability procedure for breach of contract;

(3) The aggrieved party has the right to understand the defaulting party or reach an agreement with the defaulting party.

6.5 For the employees or agents who participate in, execute, or assist the parties to breach the contract, the aggrieved party has the right to pursue its corresponding responsibility unless it proves that it is not at fault.

6.6 The World Credit Organization [WCO] shall bear economic compensation for its own faults, and the expenditure for economic compensation shall be included in the financial plan of the World Credit Organization [WCO] for the next year. If the economic compensation is large, compensation shall be made in each year.

After accepting economic compensation, the World Credit Organization [WCO] has the right to recover losses from units or individuals responsible for acts of dishonesty with gross negligence or subjective intent.

Chapter VII Supplementary Provisions

7.1 This standard shall be implemented as of the date of promulgation.

7.2 The terminology involved in this standard, if its meaning is not agreed in this standard, its meaning is described in the ICE8000 International Credit Standard System International Credit Industry Terminology.

7.3 All kinds of materials submitted by the relevant parties to the World Credit Organization [WCO] (or ICE8000 Credit Agency) in accordance with this standard, the copyright agreement of which is set out in the ICE8000 International Credit Standard System Document Copyright Management Standard.

7.4 If all parties concerned know or ought to have known that any of the terms or conditions of this standard have not been complied with, but still do not expressly submit a written objection to this non-compliance in a timely manner, it is deemed to waive their right to file an objection. The waiving party shall bear the legal consequences such as losses caused by the waiver, and the World Credit Organization [WCO] and other parties shall not be responsible for this.

7.5 This standard will be revised and improved. All parties applying this standard should pay full attention to the revision of this standard and apply the latest version of this standard. However, the behavior that occurred before the revision of this standard may not be subject to the new revised clause. The official website of the latest Chinese version of this standard is: https://www.ice8000.org/aenhw/gc/18.html .

7.6 The copyright of this standard belongs to the World Credit Organization [WCO], members can use it free of charge for free; non-members can use it free of charge for study, training, research, self-use, reprint, citation, adaptation, reference, reference under the premise of indicating or declaring the source. , reference. No unit or individual may plagiarize plagiarism or disguise plagiarism or otherwise infringe. Otherwise, we will jointly expose the infringing units, individuals and related personnel after the investigation of the infringement facts is clear (to issue a credit wanted order to the society). And reserves the right to pursue their legal responsibility. Do not infringe or infringe.

7.7 The standard version number is expressed as: ICE8000-abcd, where: the front-end ICE8000 indicates that this standard belongs to one of the standards of the ICE8000 international credit standard system; a is the serial number of the standard in the ICE8000 system standard, if this standard is Abolished, the serial number is sometimes transferred to other standards; b is the initial writing time of this standard; c is the latest revision time of this standard; d is the number of revisions of this standard.

7.8 This standard is interpreted by the World Credit Organization [WCO].