Abstract
To legally guarantee the multilevel interests of different entities participating in the international trade and investment, an attempt to construct the mediation mechanism under the Belt and Road Initiative (BRI) constitutes an essential part of the law system construction under BRI. After introducing the international commercial mediation system as an important ADR for BRI countries, this article reviews the efficacy of the mediation and conciliation in resolution of international commercial disputes in the 2nd part. In the 3rd part, mediation will be justified as an option for the dispute resolution under BRI. In the 4th part, a comparative sight into some representative countries’ mediation and conciliation system will be offered. After that, the experience and practice of China will be presented. Finally, a vision for the construction of BRI mediation mechanism is provided.
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Notes
- 1.
UNCITRAL Model Law on International Commercial Conciliation (2002), Article 1.
- 2.
Italian Code of Civil Procedure, Article 131-8.
- 3.
Alternate Dispute Resolution and Mediation Rules, Rule 4.
- 4.
The Code of Civil Procedure 1908 of India, Section 89.
- 5.
The Arbitration and Conciliation Act of India, 1996, Article 76.
- 6.
The Arbitration and Conciliation Act of India, 1996, Section 2.
- 7.
Mediation Act 2017 of Singapore, Article 3.
- 8.
Mediation Act 2017 of Singapore, Article 4.
- 9.
See Chen, Siyuan and Eunice Chua, Hui Han. Civil Procedure in Singapore, Third Edition, Kluwer Law International.
- 10.
Court of Judicature Act (Chapter 322, Section 80) (2016) of Singapore.
- 11.
Civil Procedure Law of PRC, Chapter 8.
- 12.
The People’s Mediation Law of PRC, Article 3.
- 13.
White Paper on China’s Judicial Reform was issued by the State Council Information Office of PRC in October 2012, available at: http://www.scio.gov.cn/zxbd/tt/Document/1226132/1226132.htm (last consulted: 4 April 2017).
- 14.
The Rules on the Establishment of the International Commercial Courts, Articles 11, 12 and13.
- 15.
The Singapore Convention on Mediation, Article 1.1(a).
- 16.
Vision and Proposed Actions Outlined on Jointly Building Silk Road Economic Belt and Twenty-First-Century Maritime Silk Road issued by the National Development and Reform Commission, Ministry of Foreign Affairs and Ministry of Commerce of PRC.
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Liu, H. (2020). Construction of the International Commercial Mediation Mechanism Under BRI: A Comparative Study Perspective. In: Martinico, G., WU, X. (eds) A Legal Analysis of the Belt and Road Initiative. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-46000-6_13
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