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Comprehensive Overview of Arbitration, Mediation, and Dispute Resolution Mechanisms in China

This article delves into the combination of arbitration with mediation in China's legal framework, including the statutes, international treaties, and court-approved mediation agreements. It explores the recent developments, practices, concerns, benefits, and opportunities presented by integrating arbitration and mediation in resolving disputes effectively.

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Comprehensive Overview of Arbitration, Mediation, and Dispute Resolution Mechanisms in China

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  1. Combination of Arbitration with Mediation LU Song China Foreign Affairs University

  2. Arbitration Law in China • Statutes • Arbitration Law (1994) • Civil Procedure Law (amended 2007) • International Treaties • 1958 New York Convention • 1965 Washington Convention • BIT

  3. Arbitration Law in China-cont. • Judicial Interpretation • Interpretation of the SPC on Certain Issues Relating to Application of the Arbitration Law of the PRC, effective as from 8 September 2006 • Others

  4. Arbitration Institutions • CIETAC and CMAC • Local arbitration institutions • Ad Hoc arbitration not allowed to be conducted in Mainland China

  5. Court-approved Mediation Agreement • Binding v. Enforceable • Recent Development (2009-7-24) : SPC Certain Opinions on Establishment and Improvement of the Dispute Resolution Mechanism Which Connects Litigation with ADR

  6. Combination of Arbitration with Mediation • CIETAC practice • Arb-Med or Arb-Med-Arb • Concerns • Due process • Coerciveness • Privileged information • Benefits • Opportunity to re-focus on business relation • Increase the number of arbitration cases that are settled amicably, hence the saving of social costs

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