Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-78c5997874-mlc7c Total loading time: 0 Render date: 2024-11-02T19:13:22.807Z Has data issue: false hasContentIssue false

3 - Combinations of Mediation and Arbitration

The Case of China

from A - General Trends

Published online by Cambridge University Press:  09 December 2021

By
Weixia Gu
Edited by
Anselmo Reyes  and
Weixia Gu
Anselmo Reyes
Affiliation:
Singapore International Commercial Court and Doshisha University, Kyoto
Weixia Gu
Affiliation:
The University of Hong Kong
Get access

Summary

Med-arb is a form of hybrid dispute resolution that combines an adjudicative approach (arbitration) with a non-adjudicative approach (mediation). Most recent reforms on med-arb by leading Chinese arbitration institutions, such as the CIETAC, BAC and SCIA, evidence a trend towards bifurcating the two processes when facing international clients. The recent establishment of the China International Commercial Court, and its creation of the ‘One-Stop’ Dispute Resolution Platform shows China’s heightened awareness of the procedural justice issue in med-arb, the need to attract foreign parties in addition to merely Chinese ones, and the pressure to compete in the hybrid dispute resolution market in the context of the China-led Belt and Road Initiative.

Keywords

arbitrationmediationhybrid dispute resolutionChinaBelt and Road
Type
Chapter
Information
Multi-Tier Approaches to the Resolution of International Disputes
A Global and Comparative Study
 , pp. 69 - 91
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×