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"In recent years, the Chinese legal system on civil litigation, arbitration and mediation, including the respective laws, regulations, and legal institutions, has undergone many changes. Offering a detailed examination of the elements in the Chinese legal system and the relevant reforms to civil litigation, arbitration, mediation and hybrid dispute resolution, this book provides a comprehensive study of the civil and commercial dispute resolution landscape in China today. It situates these developments within a unique hybrid of empirical, contextual and comparative analytical framework, while providing roadmap for productive reforms in future. This book argues that, rather than being a legal project, China's civil dispute resolution system is essentially a social development project and that the system is constrained by China's political imperatives, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Commercial arbitration in China today being comparatively less political in nature, its reform has been more driven by market-oriented considerations and shaped by socio-economic dynamics. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and subject to the Chinese government's social and political objectives. This book will be essential reading and invaluable reference tool for scholars, students, policy makers and practitioners with a focus on Chinese law, dispute resolution, and broader economic and political dimensions of dispute resolution development in China"--
Dispute resolution (Law) --- Mediation --- Arbitration and award --- Civil procedure
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Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).
Dispute resolution (Law) --- International commercial arbitration. --- Arbitration (International law) --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Law and legislation
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The Developing World of Arbitration studies the recent emergence of Asia Pacific jurisdictions as regional or international arbitration centres, thanks to various reform efforts and initiatives. This book provides an up-to-date and comprehensive analysis of the ways in which arbitration law and practice have recently been reformed in Asia Pacific jurisdictions. Leading contributors across the Asia Pacific region analyse twelve major jurisdictions representing varying patterns and degrees of development, whether driven from top down, bottom up, or by some hybrid impetus. Setting the arbitration systems and reforms of each investigated jurisdiction in the context of its economic, political, and judicial dynamics, this book presents, for the first-time, a cross-jurisdiction comparative and contextual study of the developing world of arbitration in the Asia Pacific and contributes to comparative international arbitration literature from an Eastern perspective. It also aims to identify an Asia Pacific model of arbitration modernisation, one that may be distinct from a Western model, and predicts future trajectories of development and challenge in light of the ever increasing competition between Eastern- and Western-based arbitration centres. This edited collection will be an invaluable addition to the libraries of academics and practitioners in the field of international commercial arbitration
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