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

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Presentation on theme: "Combination of Arbitration with Mediation LU Song China Foreign Affairs University."— Presentation transcript:

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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