The Advantages and Disadvantages of Mediation in the Chinese Commercial Arbitration Process
* 본 문서는 배포용으로 복사 및 편집이 불가합니다.
서지정보
ㆍ발행기관 : 이준국제법연구원
ㆍ수록지정보 : China and WTO Review / 4권 / 1호
ㆍ저자명 : Karwan A. Perot
ㆍ저자명 : Karwan A. Perot
목차
1. Introduction2. The Advantages of Mediation Process
A. Speed
B. Flexibility
C. Confidentiality
D. Lower cost
E. Voluntariness
F. Informality
G. More satisfaction with outcomes
H. Maintaining and improving business relationship
I. Non-Binding nature
J. Neutrality
3. The Main Disadvantages of Mediation Process
A. Not yet an alternative to arbitration
B. Risk of disclosing some important information
C. The mediation process may not be fast and inexpensive
D. Diminishing the satisfaction of the resolution
E. No right to appeal the decision
F. No right to appoint their mediator
G. A tactic of delaying the process
H. The risk of using mediator’s comments
I. There are no incentives for mediators to perform well
4. Conclusion and Recommendations
References
영어 초록
This paper reviews presents the advantages and disadvantages of mediation in Chinese commercial arbitration process to resolve disputes. Mediation can be considered as a principal means for resolution of commercial disputes, both domestically and internationally. Simply, to mediate means to act as a peacemaker between dispute parties. Basically, mediation is an informal mechanism in which the disputants are assisted by a neutral third party toward settlement. The mediators are appointed in a voluntary base to help disputants manage the resolution process. They should have no direct interest in the conflict and its outcome, and no power to render a decision, but just can control the process. Meanwhile, parties are entitled to accept or reject the outcome. Mediation shares the advantages of confidentiality, flexibility, and simplicity. Dispute of disadvantages still remaining, China’s mediation system has century’s history so far. Currently, China has used mediation method in arbitral proceedings so as to improve the efficiency of dispute resolution.참고 자료
없음"China and WTO Review"의 다른 논문
- China’s Intellectual Property Rights Commitments in the..28페이지
- Why Are There So Few Investor-State Arbitrations in Chi..31페이지
- Is Big Data a Big Dilemma or a Big Opportunity in China..26페이지
- Pluralism or Cosmopolitanism? Reflections on Petersmann..23페이지
- Trump’s Year-One Trade Policies: Belligerent Rhetoric -..11페이지
- China’s New Diplomatic Relations with Panama: Prospect ..11페이지
- Enforcement of Foreign Awards among the Silk Road Count..10페이지
- China’s Free Trade Agreements under Negotiations7페이지
- China’s Position on USCC 2017 Report: Are You Done?5페이지
- Toward a Trade War between China and the United State? ..4페이지