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How to solve the contract dispute of property bidding?
The main ways to solve disputes in bidding contract are negotiation, mediation, arbitration and litigation.
1, negotiation
On the basis of friendship, both parties to the contract can resolve disputes through mutual consultation, which is the best way.
2. Mediation
If the parties in bidding contract fail to reach an agreement through consultation, they may request the relevant institutions to mediate. For example, if one or both parties are state-owned enterprises, they can seek mediation from higher authorities. Higher authorities should clearly distinguish right from wrong and mediate on the basis of equality, rather than administrative intervention. The parties may also request the contract management authority, arbitration institution and court. To mediate.
3. Arbitration
If the parties in bidding contract fail to negotiate and are unwilling to mediate, they may apply to an arbitration institution for arbitration according to the arbitration clause agreed in the contract or the arbitration agreement reached by both parties after the dispute occurs.
4. Litigation
If there is no arbitration clause in the contract and no arbitration agreement is reached afterwards, the parties to the contract may submit the contract dispute to the court for judicial settlement. In addition to the above general characteristics, some contracts also have their voluntary characteristics, such as foreign-related contract disputes, which can be resolved by referring to foreign laws rather than the relevant contract law in China.
Bidding contract is a special sales contract, which not only has the attributes of a general sales contract, but also has its own unique characteristics due to the introduction of bidding in the process of concluding the contract.
Judging from the disputes in bidding contract, in addition to the common disputes in general sales contracts, there are a large number of disputes directly related to the bidding procedures, which are highly professional and need to apply the special norms of the Bidding Law. Therefore, it is stipulated that the bidding contract should be regarded as an independent three-level cause of action.
Bidding procedures are widely used in many economic activities, such as survey, design, construction and supervision of construction projects, especially in the transfer of state-owned land use rights. In addition, in the process of bidding, bidding matters are often entrusted to others. If there is a dispute over bidding contract, the cause of action can only be determined according to the contract dispute.
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