Some Limits to Apply Chinese Med-Arb Internationally

Abstract

Recently combined arbitration and mediation processes have been gaining in appeal as parties seek to resolve disputes more expeditiously and at reduced costs. Issues relating to confidentiality, procedural due process and the effectiveness of the mediation step in such a hybrid process have been the subject of several law review articles. Cross-cultural differences relating to such mixed processes have been noted. We have gathered in this issue reflections on med-arb and arb-med from jurisdictions around the world. We hope that this sharing of perspectives on the efficacy and fairness of med-arb and arb-med will assist ADR specialists and parties in designing their dispute resolution process.