What Makes Mediation And Arbitration So Busy In China? Why Not In Cambodia?

Mediation and Arbitration are two methods of Alternative Dispute Resolution outside the court proceedings.Mediation or Conciliation is a more informal method and results in a negotiated settlement between the parties,whereas Arbitration results in a formal,binding award, legally handled by the arbitral tribunal.China and Cambodia are the two Asian neighbors with a long history and experiences in settling disputes through negotiation,conciliation and harmonization.As cross-border trade and business transactions among nations is growing rapidly, the commercial disputes arising everywhere in the world and the court's litigations are time-consuming, ineffective and expensive,many businessmen and businesswomen are changing their mind to settle the disputes outside the court's proceedings or Alternative Dispute Resolution ("ADR").Among the most popular methods of ADR,Mediation and Arbitration are often the best choice for most investors.China had made a significant step in the field of Commercial Mediation and Arbitration,while in Cambodia;it is the first initiative of the Royal Government of Cambodia attempting at setting up the first Commercial Mediation and Arbitration,though Cambodia has a great potential in these methods.By doing the comparative study with China, Cambodia can learn more about China's experiences and practices not only the laws but new techniques and methods as well.The thesis consists of three parts——preface,text and conclusion.The text covers four chapters:Chapter one explains the definition of mediation and a brief history of China and Cambodia mediation.It is also describe more about China's Mediation and how Cambodia can learn from China.Chapter two focus on China and Cambodia Arbitration.It also talks more detail about China's Arbitration Law,its advantages,Arbitration Process and Cambodia's Arbitration.By comparing with China's Laws and Practices,Cambodia can learn more and prepare for Commercial Arbitration.Chapter three compares China with Cambodia's Arbitration institution.What China had established such as CIETAC or CMAC compare with Cambodia's National Arbitration Center.Chapter four mainly focus on Mediation and Arbitration in Labor Disputes both China and Cambodia.