When Local Meets International: Mediation Combined with Arbitration in China and Its Prospective Reform in a Comparative Context

Abstract

In line with its remarkable economic growth over the past few decades, there has been a dramatic increase in the number of commercial disputes in the People’s Republic of China (hereinafter referred to as ‘China’) in recent years. A significant portion of the disputes are resolved by alternative dispute resolution. The leading arbitration institution in China, the China International Economic and Trade Arbitration Commission (CIETAC), reported that the total number of cases which it accepted in the year 2014 was 1610, more than a double the caseload when compared to the year 2000. The emergent need to resolve disputes in a more efficient manner, coupled with the long-standing tradition of mediation, has created the opportunity for med-arb practice to thrive.