A Study Of The Model Law On International Commercial Conciliation And Several Relevant Legislative Issues In China

In the modern society, on one hand, with the rapid development of world economy, international commercial transactions have gradually increased as well as international commercial disputes have also increased day by day and become more and more complicated; on the other hand, parties of international commercial transactions have gradually emphasized autonomy in resolving commercial disputes and paid more attention to the efficiency and benefits of the commercial disputes. Therefore, the disputes resolving mechanism like litigation and arbitration, developing in these recent several decades years, is more and more difficult to satisfy these demands. The interested parties of the commercial dispute have gradually paid more attention to ADR. With the development of practice and need of theory, legislation of international commercial conciliation has gradually attracted people's attention. On the basis of analyzing the legislation of international commercial conciliation of UNCITRAL, especially the formulating background and content of the Model Law on International Commercial Conciliation of UNCITRAL, this paper is going to discuss and put forward some legislative advices on our (international) commercial legislation by beginning with the category and development of international commercial disputes resolving mechanism and aiming directly at our (international) commercial conciliation practice and legislation's status quo, hoping that it will make benefits to our future commercial conciliation legislation.This paper is divided into three chapters, containing more than forty - two thousand characters.Chapter One is summary. Section introduces three kinds of international commercial disputes resolving mechanism respectively, that is, litigation mechanism, would-be litigation mechanism (arbitration) and Alternative Dispute Resolution (ADR). Based on that analysis, section two mainly defines the international commercial conciliation, one of the ADR, and gives a brief introduction to its concept, form, nature, character and advantage. Meanwhile, the second section distinguishes between commercial conciliation and arbitration for the following discussion. It points out that people should make more use of commercial conciliation to resolve commercial disputes.Chapter Two mainly introduces the legislative works of international commercialconciliation of UNCITRAL. Section one gives a brief introduction to the formulating background, progress of the Model Law on International Commercial Conciliation. Section two expounds the content of the Model Law on International Commercial Conciliation. Finally, section three briefly reviews the Model Law. It is believed that the Model Law is another outstanding result of UNCITRAL and is significant to unify different countries' commercial conciliation legislation.Chapter Three mainly introduces the relevant practice and legislative situation of (international) commercial conciliation in China. Section one briefly introduces four main forms of our (international) commercial conciliation, that is, commercial conciliation in court, commercial conciliation in conciliation institution, commercial conciliation in arbitration institution and joint conciliation. Section two concludes and summaries our conciliation legislation status quo and analyzes it by combining the practical situation of commercial conciliation. Finally, section three discusses several legislative issues, including necessity, principles and concrete problems, of commercial conciliation in China by combining the former statement, especially the presentation of the Model Law on International Commercial Conciliation.