Mediation And Alternative Dispute Resolution In Modern China
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| Author | : Peter C.H. Chan |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 339 |
| Release | : 2017-09-18 |
| Genre | : Law |
| ISBN | : 9004342397 |
In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China.
| Author | : Yun Zhao |
| Publisher | : Springer Nature |
| Total Pages | : 160 |
| Release | : 2022-04-21 |
| Genre | : Law |
| ISBN | : 9811921121 |
The book examines the development and application of mediation in China (including Hong Kong). As a popular mechanism for dispute resolution in Chinese history, mediation is believed to be an important process for realizing the official goal of social harmony. Following an overview of the current situation in mainland China and Hong Kong, the book looks into specific legal issues in the application of mediation and the practical use of mediation in specific lines of businesses. The book can serve as an important reference book on the law and practice of mediation in mainland China and Hong Kong for scholars, practitioners, as well as students of mediation and alternative dispute resolution.
| Author | : Zhiqiong June Wang |
| Publisher | : BRILL |
| Total Pages | : 339 |
| Release | : 2019-12-02 |
| Genre | : Law |
| ISBN | : 900433128X |
Dispute resolution reforms in China in the last decade or so have all centred around the strategy of establishing an integrated dispute resolution system as part of China’s modern governance system. This new integrated system, referred to as the ‘Mechanism for Pluralist Dispute Resolution (PDR)’ in China, serves as a dispute resolution system as well as a comprehensive social control mechanism. This book is the first academic attempt to explain the methods of civil and commercial dispute resolution in China from the perspective of PDR. It systematically and critically examines the development of China’s dispute resolution system, with each chapter analysing in detail the development and transformation of the different institutions, mechanisms and processes in their historical, politico-economic and comparative context.
| Author | : Daniel A. Bell |
| Publisher | : Cambridge University Press |
| Total Pages | : 399 |
| Release | : 2003-09-08 |
| Genre | : History |
| ISBN | : 0521821002 |
While Confucian ideals continue to inspire thinkers and political actors, discussions of concrete Confucian practices and institutions appropriate for the modern era have been conspicuously absent from the literature thus far. This volume represents the most cutting edge effort to spell out in meticulous detail the relevance of Confucianism for the contemporary world. The contributors to this book--internationally renowned philosophers, lawyers, historians, and social scientists--argue for feasible and desirable Confucian policies and institutions as they attempt to draw out the political, economic, and legal implications of Confucianism for the modern world.
| Author | : Jean-Claude Goldsmith |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 690 |
| Release | : 2011-01-01 |
| Genre | : Law |
| ISBN | : 904113414X |
Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
| Author | : Michael Pryles |
| Publisher | : Springer |
| Total Pages | : 448 |
| Release | : 2002-10-10 |
| Genre | : Law |
| ISBN | : |
Dispute Resolution in Asia was first published in 1998 and was one of the few titles to deal exclusively with the Asian region. This second edition is not only an updated version of the first edition but is also an expanded work. Chapters on India and Indonesia have been added. The first chapter presents an overview of dispute resolution in Asia and examines the question whether there is an Asian style of dispute resolution. The remaining chapters focus on twelve particular countries. They are important trading countries or countries which are the recipients of substantial foreign investments. This second edition fills the need for increased information on dispute resolution in a region whose economic importance is still growing. Features: The examination of dispute resolution in 12 countries provides a much wider spectrum of Asian laws and approaches than is traditional in comparative studies; The work provides a broad coverage in terms of its subject matter: The book is not confined to arbitration or litigation but examines arbitration, litigation and mediation; Contributions vary in style and contents and thus reflect the diversity of legal systems and cultures in Asia; Specialists focus on countries with which contributors have particular expertise or experience; Statistics provided on arbitration centres in Asia. Benefits: updated and expanded version of the first edition; a substantial coverage of twelve countries; in addition to chapters on Australia, People's Republic of China, Hong Kong, Japan, Malaysia, The Philippines, Singapore, Taiwan, Thailand, and Vietnam, chapters on India and Indonesia have been added; all the contributors are senior lawyers with vast knowledge and experience of dispute resolution in Asia and are experts in their field; country studies are not limited to arbitration or litigation but examines arbitration, litigation and mediation
| Author | : Peter Quayle |
| Publisher | : Brill Nijhoff |
| Total Pages | : 0 |
| Release | : 2019-06-27 |
| Genre | : Development banks |
| ISBN | : 9789004396661 |
This second volume of the AIIB Yearbook of International Law examines a series of overarching themes and relationships regarding the role of international organizations in promoting effective dispute resolution.
| Author | : Ling Zhou |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 187 |
| Release | : 2020-05-14 |
| Genre | : Law |
| ISBN | : 1509931058 |
This monograph offers an ethnographic exploration of the local organisation of consumer complaint processing and dispute resolution in the People's Republic of China - now the second largest consumer market in the world - and how the consumer, both ordinary and 'professional', experiences the local system. Drawing on detailed analysis of an impressive amount of empirical data, this book highlights local Chinese understandings and practice styles of 'mediation', as well as identifying a continuing sense of reliance in popular consciousness on the government for securing consumer rights in China. These are not only important features of consumer dispute processing in themselves, but also help to explain the failure of an ombuds system to emerge. By looking at the nature of and issues in China's distinctive consumer dispute resolution and complaints system, and the experiences of consumers with that system, this innovative book illustrates the processes available at the local level giving access to justice for aggrieved consumers and provides a unique contribution to comparative consumer law studies in Asia and elsewhere.
| Author | : Vesna Lazić |
| Publisher | : Springer |
| Total Pages | : 131 |
| Release | : 2018-07-26 |
| Genre | : Law |
| ISBN | : 946265252X |
The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
| Author | : Kwai Hang Ng |
| Publisher | : Cambridge University Press |
| Total Pages | : 263 |
| Release | : 2017-10-26 |
| Genre | : Computers |
| ISBN | : 1108420494 |
A study of the decision-making process of Chinese courts and the non-legal forces and regional factors that influence judicial outcomes.
