New Chinese Mediation Mechanisms Discussed at AMA HK
- llmadrhku
- Apr 4, 2014
- 1 min read
Dr. Liu Xiaochun, the Secretary General of the South China International Economic and Trade Arbitration Commission (SCIA) shared his observations on new mediation developments in China. Â He described 7 general mechanisms available to parties:
1. Arb-Med-Arb which allows for the use of mediation during the course of arbitration proceedings at the parties or tribunals initiative. This has been used to settle over 20% of SCIA cases from 1993-2007. Â In order to address the issue of compromised arbitrator neutrality in the event of a failed mediation, the 2012 SCIA rules allow parties to decide if the mediating arbitrator should resign from the panel. Â Also, all opinions expressed during the course of the mediation can not be invoked in the subsequent arbitration hearings. Â The SCIA arbitration panel is comprised of 232 arbitrators from 42 jurisdictions.
2. Mediation + Arbitration – via SCIA’s specialized mediation center followed by a separate arbitration process.  At present, the mediation panel consists of 242 members.
3. Chamber of Commerce Mediation + SCIA Arbitration – this is mediation targeted primarily to foreign investor disputes.
4. Exhibition Mediation + SCIA Arbitration – this method is used to resolve IP disputes arising at the Canton Trade Fair.  Since its inception, 622 disputes were resolved through this method between 2008-2013.
5. HK Mediation + Mainland Arbitration – is what the name implies – mediation in Hong Kong and Arbitration in China.  This provides for cross border enforcement of awards.
6. 4 in 1 Model – Mediation, Arbitration, Industry Specific DR, Administrative Regulation – used primarily in disputes between securities dealers and clients.
7. Non-Tribunal Facilitated Mediation – consisting of an alliance between Guandong/HK mediation entities.
Dr. Xu noted that he sees independent mediation and independent arbitration services as the emerging trend for future dispute resolution in Mainland China.