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Platform Rules

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MSR Law Ascertainment Center
Rules for the Law Ascertainment Services (for Trial Implementation)
Chapter One General
Article 1 [Purpose] To serve the "Belt and Road" Initiative, cooperate with the Maritime Silk Road Central Legal District (MSRCLD) to build an impartial and honest law environment, innovate the cooperative development model, standardize foreign (extra-territorial) law ascertainment service procedures of The MSR Law Ascertainment Center, and improve service quality and efficiency, special rules are formulated.
Article 2 [Service] The law ascertainment services referred to in these Rules refer to litigation and arbitration parties, national legislative, judicial, administrative, legal, natural or other unincorporated organizations entrusting Center identifies the cases involving litigation, arbitration or mediation and/or services of foreign (external) laws and related systems in which the case and/or business is located.
Article 3 [Principles] The Center provides law ascertainment services in accordance with the principle of safeguarding national sovereignty and territorial integrity, equal cooperation, legal and paid, convenient and efficient services.
Chapter Two Commission
Article 4 [Principal] Legal persons, natural persons or other organizations that require legal consultation may entrust the center to identify and consult the foreign (extra-territorial) laws or relevant regulations of the target country or region.
As well as legal persons, natural persons or other unincorporated organizations that need to ascertain the laws of the country in which they operate, they may entrust the Center to identify the target country, regional laws or related policies.
Where foreign governments and state organs, legal persons, natural persons or other unincorporated organizations apply for the purpose of investment in China, legal risk assessment, academic research and litigation and arbitration, the Center may provide Chinese law ascertainment services.
Article 5 [Foreign (Extra-Territorial) Law] The foreign (extra-territorial) law ascertained by the Center includes statute law, authoritative precedents, applicable rules of law, policies and international (inter-regional) conventions, treaties and agreements related to the application. Legally binding normative documents such as conventions.
Article 6 [Commission Contract] The principal shall sign a written commission contract with the Center, clearly clarify the purpose and requirements of the law ascertainment, and establish an entrusted relationship.
The client shall also provide the necessary documents and materials related to the matters identified by law.
Article 7 [Service Method] The Center shall select the appropriate service provider from the foreign (extraordinary) legal expert database within five working days from the date of accepting entrustment to propose service requirements.
The commission contract shall be signed within ten working days from the date when the selected service provider excludes the conflict of interest and quotes.
Within five working days from the date of signing the contract of the preceding paragraph, the Center will forward to the selected service provider the documents and materials provided by the client in connection with the legally identified matters.
The selected service provider shall provide expert reports within the time limit and requirements of the commission contract, and attend court hearings or accept questions if necessary.
Article 8 [Translation and Notarization] The Center assists in providing translations of non-Chinese expert opinions, extraterritorial notarization, consular certification and the other certifications to meet the legal requirements of the client's needs.
Chapter Three Expert Report
Article 9 [Service Providers] The service providers selected in these Rules refer to the institutions that have the legal profession or relevant consulting services to identify the service targets and the legal scholars, notaries, lawyers, retired judges and senior industry experts and other people in the target country or region.
The service qualifications of the above-mentioned various types of natural person experts who have not been appointed shall be examined and confirmed by the Center.
Article 10 [Expert Report] The expert report submitted by the service provider accepted by the commission shall have the following forms and basic contents:
(I) A written report in Chinese with translation in other languages as required;
(II) The requirements and scope of the entrustment completely described;
(III) Laws, authoritative jurisprudence, legal rules and policies directly related to the entrusted matters;
(IV) Necessary analysis and argumentation;
(V) Clear concluding observations;
(VI) The signature of the expert himself and/or the official seal of the appointed institution;
(VII) Relevant qualification documents;
(VIII) Other necessary attachments for the purpose of commission.
Chapter Four Service Fee
Article 11 [Service Expenses] The center collects the relevant commission service fees, and the detailed charge standard shall be formulated separately.
At the request of the client and/or the selected service provider, the Center may collect the service fee for the client and/or the selected service provider. The service fee shall be taxed according to Chinese law before being paid.
If the Center assists in translation, notarization or other formalities, the relevant fees may be pre-collected and settled according to actual expenses.
Article 12 [Charge of Service Fee] The service fee shall be pre-paid from the date of accepting the entrustment, and the Center shall collect it according to the contract.
Chapter Five Liability Exemption
Article 13 [Error] The Center accepts the entrustment to provide law ascertainment services that do not assume responsibility for the errors of law ascertainment in the applicable law and the legal provision and argumentation errors of the target.
Article 14 [Termination of Entrustment] If the entrustment relationship between the Principal and the Center is terminated due to the purpose of the entrustment, the Center shall not bear corresponding responsibilities.
The Center accepts the commission to not be liable for the direct and indirect loss or profits that the principal may obtain based on the legally identified matters.
Chapter Six Supplementary Provisions
Article 15 [Chinese Law Ascertainment] Should foreign (extraordinary) principals entrust the Center to ascertain Chinese law, they should abide by these rules.
Article 16 [Effectiveness and Interpretation] These rules shall be effective upon approval by the Center. The Center has the power to interpret, modify and revoke these rules.
Article 17 [Implementation] Trial implementation of this Rules shall apply to the laws of the people's Republic of China and shall begin at the date of promulgation.