Article 1: Scope of application

1. The Mediation Rules of the BigBoss International Commercial Arbitration Center (hereinafter referred to as the Rules) apply to the settlement of disputes under the mediation procedure at the BigBoss International Commercial Arbitration Center (hereinafter referred to as the Center).
2. The parties may agree not to apply or change one or some of the provisions of this Code at any time of the conciliation process if such non-application or change is not contrary to the mandatory provisions of law.

Article 2: Beginning of the Reconciliation Process

1. The party requesting conciliation must send an application to the Center to present its dispute contents and request; pay advance reconciliation costs as prescribed in Article 18 of this Code and the Center’s regulations on reconciliation costs.
2. Within 05 working days from the date of receipt of the request for conciliation and advance of conciliation costs, the Center shall notify the other party of the contents of the request for conciliation. Within 15 days from the date of receipt of the notice, the party receiving the request for mediation shall notify the Centre of the acceptance or rejection of the mediation. In case of acceptance of mediation, the party receiving the request for mediation must pay advance mediation costs as prescribed in Article 18 of this Code and the Center’s regulations on mediation costs.
3. In case the Center receives a reply that does not agree to the conciliation or if the above 15-day period expires and the Center does not receive a reply, it shall be construed as the conciliation cannot be conducted.
4. The conciliation process begins when the Center receives a written notice of acceptance of conciliation and advances mediation costs of the party receiving the request for conciliation. Any acceptance of conciliation must be made in writing or in forms of equivalent written validity including telegraph, telex, fax, data message and other forms as prescribed by law.
5. In case the parties jointly submit a request for conciliation to the Center, the conciliation process shall commence from the time the Center receives the request and advances conciliation costs.

Article 3: Number of commercial mediators

There will be one mediator to conduct the mediation unless the parties agree that there are two or three mediators.

Article 4: Appointment of Commercial Mediators

1. The appointment of commercial mediators shall comply with the following principles:

(a) Where there is a single commercial mediator, the parties should agree on the name of the sole commercial mediator;

(b) Where there are two commercial mediators, each party shall appoint one commercial mediator;

(c) Where there are three commercial mediators, each party shall appoint one commercial mediator. The parties should agree on the name of the third commercial mediator.

(Hereinafter one or more commercial mediators are collectively referred to as commercial mediators.)

2. The parties may:

(a) Designate a commercial mediator on the Supply Center’s List of Mediators; or

(b) Request the President of the Center to refer a commercial mediator; or

(c) Request the President of the Center to appoint a commercial mediator for him/her. The President of the Center shall appoint a commercial mediator within 15 days from the date of receipt of the parties’ request to appoint a commercial mediator.

(d) The time limit for appointing a commercial mediator or requesting the President of the Center to refer or appoint a commercial mediator is 15 days from the date of commencement of the conciliation process mentioned in Clauses 4 and 5, Article 2 of this Code.

Article 5: Submitting an explanation to a commercial mediator

1. The commercial mediator, immediately after being appointed, requires each party to submit a statement of its opinion on the issues in dispute. Each party must simultaneously send that presentation to the other.
2. At any point during the mediation process, the commercial mediator may require one or more of the parties to submit to him a statement and additional grounds on matters relating to the dispute, or any other documents deemed necessary for mediation.

Article 6: Representation and assistance

The parties may appoint a representative or assist themselves in the mediation process. The names and addresses of such persons must be communicated in writing to the other party and to the commercial mediator, stating whether they are representatives or facilitators in the mediation process.

Article 7: Role of Commercial Mediators

1. By their efforts, commercial mediators must act independently, impartially and objectively to help the parties reach an amicable solution to the dispute;
2. The commercial mediator must rely on the agreement of the parties, commercial practices, business practices between the parties, the contexts related to the dispute as a basis for mediation;
3. The commercial mediator may conduct the mediation process in such manner as he deems appropriate to the nature and content of the dispute as well as the wishes of the parties.
4. The commercial mediator may, at any point of the mediation process, make recommendations on dispute resolution. The proposal does not have to be in writing and does not need to be accompanied by a reason.

Article 8: Administrative Support

At the request of the parties and commercial mediators, the Center facilitates the conduct of the mediation process, provides administrative support, and appoints assistants to commercial mediators and parties during the mediation process.

Article 9: Transactions and exchanges between commercial mediators and parties

1. Commercial mediators can directly meet with each party or parties and can also transact and communicate with them in any form.
2. Unless the parties agree on the meeting place with the commercial mediator, the organization of the meeting place shall be decided by the commercial mediator, taking into account the circumstances of the mediation process.
3. Unless otherwise agreed by the parties, all transactions and exchanges will be conducted in Vietnamese. The commercial mediator, one or more parties may request the Center to provide interpretation for themselves, the interpretation costs shall be paid by the party requesting the interpretation or allocated by the commercial mediator.

Article 10: Provision of Information

1. Any written communication between the commercial mediator and each party, any other information received by the commercial mediator from one party, the commercial mediator must send (if the above contents are in writing) or notify the other party so that the other party has the opportunity to present his/her opinion, except for the case specified in Clause 2 of this Article..
2. Where one party gives certain information to the commercial mediator with the requirement that such information be kept confidential, the commercial mediator shall not disclose such information to the other party.
3. The documents and information mentioned in Clause 1 of this Article must be copied by the commercial mediator (if they are documents) or notified to the Center.

Article 11: Cooperation of the Parties with Commercial Mediators

The parties are responsible for cooperating with the commercial mediator, including responding to the commercial mediator’s requests for submission of relevant presentations and documents and attendance at meetings and other reasonable requests of the commercial mediator.

Article 12: Proposals of the Parties on Dispute Settlement

Each party may take the initiative or at the request of the commercial mediator, send the commercial mediator a proposal on the dispute settlement plan.

Article 13.- Results of successful reconciliation

1. When the result of successful mediation is achieved, the parties shall make a written statement on the result of successful mediation. The document on the result of successful mediation is signed by the parties and the commercial mediator.
2. The document on the result of successful conciliation shall be enforceable for the parties in accordance with the provisions of civil law and recognized in accordance with the  provisions of the civil procedure law.

Article 14: Confidentiality

Information related to the mediation case must be kept confidential, unless otherwise agreed by the parties in writing or provided for by law.

Article 15: Termination of the conciliation process

1. The mediation process terminates in the following cases:
2. a) When the parties reach the results of successful conciliation;
3. b) When the commercial mediator considers that the dispute cannot be resolved by conciliation after the mediator has made efforts to assist but the parties cannot reach a conciliation agreement;
4. c) When one party or parties sends a request to the commercial mediator to terminate the mediation;
5. d) Upon expiry of the time limit for appointing or requesting the appointment of a commercial mediator, the parties fail to appoint or request the Center President to appoint a commercial mediator;
6. dd) Upon expiry of submission of presentations and relevant documents at the request of the commercial mediator;the deadline for payment of reconciliation costs at the request of the Center;
7. e) When one or the parties bring the dispute that is the subject of the conciliation process to arbitration or court as prescribed in Clause 2, Article 16.
8. Upon the occurrence of cases of termination of the conciliation process mentioned in Clause 1 of this Article, the Center shall send an official written notice to the parties and the commercial mediator of the termination of the mediation.

Article 16: Invocation of Arbitral Proceedings or Tribunals

1. During the conciliation process, the parties undertake not to conduct any arbitral or court proceedings for disputes that are the subject of the mediation process.
2. During the conciliation process, if one party or parties brings the dispute that is the subject of the mediation process to arbitration or Court, the mediation is automatically considered terminated.

Article 17: Mediation Expenses

1. Mediation costs include:

(a) Administrative expenses of the Center;

(b) Remuneration for commercial mediators;

(c) Travel, lodging and other expenses of the commercial mediator;

(d) Witness costs at the request of the commercial mediator with the consent of the parties;

(e) The cost of expert consultation at the request of the parties or of the commercial mediator with the consent of the parties.

2. The above-mentioned costs shall be distributed equally among the parties, unless otherwise agreed by the parties. Any other costs arising from a party’s claim shall be borne by that party on its own.

Article 18: Procedures for payment of mediation costs

1. Unless otherwise agreed by the parties, each party shall pay an equal amount in advance for the expenses mentioned in Clause 1, Article 17 of these Rules. The method of submission is as follows:
2. a) The party applying for conciliation must pay an advance of 50% of the reconciliation cost.
3. b) Upon acceptance of conciliation, the party receiving the request for conciliation must pay an advance of 50% of the reconciliation cost.
4. c) In case the parties jointly submit a request for conciliation to the Center , each party shall pay 50% of the conciliation cost.
5. During the mediation process, the Centre may require each party to pay an equal additional amount, stating the reasons for the payment. If this amount is not fully paid by the two parties within 30 days from the date of receipt of the notification of the Center, the conciliation process shall be terminated according to the provisions of Clause 5, Article 15 of this Code.
6. Upon termination of the conciliation process, the Centre shall calculate the cost in the amount advanced and return to the parties any remaining expenses not spent.

Article 19: Responsibilities of Commercial Mediators in Proceedings at Arbitration or Courts

Unless the parties agree in writing, a commercial mediator may not act as an arbitrator, or act as a representative, witness or lawyer of any party in an arbitration or court in which the content of the proceeding is the subject of a mediation process in which he or she has participated.

Article 20: Admission of Evidence in Arbitration or Court Proceedings

The parties undertake, in any way, not to use as grounds or evidence in arbitration or court cases the content of which relates to the dispute that is the subject of the mediation process:

1. Audio recordings, video recordings, photographs and recordings of contacts during the mediation process;
2. The views or suggestions made by the other party on the resolution of the dispute;
3. The acceptance given by the other party during the mediation process;
4. Proposals made by the commercial mediator;
5. A party’s acceptance of a proposal on dispute settlement made by a commercial mediator.