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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
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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
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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

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