Study On Linkage System Between Maritime Arbitration And Maritime Mediation

The system of linkage between maritime arbitration and maritime mediation originated from the practice of China's International Economic and Trade Promotion Committee in the 1950 s.Its main type is the mediation initiated in the arbitration process,which has been recognized by other countries.After several decades of development,the mode of convergence between arbitration and mediation is no longer limited to mediation in arbitration.The modes of arbitration and mediation have their own advantages and disadvantages,and a variety of mediation mode can provide more options for dispute resolution.In recent years,China's shipping industry has flourished.China has become the world's foremost shipbuilding center.The volume of trade has surged,and a large number of maritime disputes have followed.But China is not the preferred location solving maritime disputes.Therefore,the improvement of the maritime dispute resolution mechanism is of great significance for the construction of the Shanghai International Shipping Center and the increase of its soft power.The first chapter is an overview of the maritime mediation and arbitration system.The first section is the origin of the maritime mediation and arbitration system.It elaborates that the system originated from the practice of the China International Economic and Trade Promotion Committee in the 1950 s.This system originated in China because China has a profound mediation culture background.The second section expounds the development of the maritime system.The system is affirmed by many countries,and the system is gradually developed and improved.The third section elaborates the types of maritime mediation and arbitration system.The fourth section elaborates on the characteristics,voluntary,efficient,impartial and final.The second chapter is the practice and reference of the international system of mediation and arbitration.The first section describes the practice of national and international organizations.It analyzes the system of arbitration and mediation between Singapore,the United States,the United Kingdom,the United Nations International Trade Commission and the World Intellectual Property Organization.The second section analyzes the significance of the national system for China.It is based on three aspects.The first part is the reference to the types of procedures?The second part is what can we learn from procedure,analyzing the effectiveness of the preparatory pre-trial meeting,the arbitration agreement,and clarify the mediation period and the information confidentiality and disclosure obligations.The third chapter is about the practice and problems of China's maritime mediation and arbitration system.The first section analyzes the Arbitration Law,the Mediation Rules of the China Maritime Arbitration Commission,and the Arbitration Rules of the China Maritime Arbitration Commission.The lack of legislation and related rules in China.The second section analyzes the problems existing in China's maritime procedure.The fourth chapter is about improving China's maritime mediation and arbitration system.The first section is the necessity.The second section analyzes measures.Firstly,the improvement of relevant legislation.Secondly,the completion of the maritime mediation rules.Third,strengthen the cultivation of talents,maritime disputes are highly specialized,and it is necessary to strengthen the training of mediators and arbitrators.At the same time,in order to ensure the quality of mediation,it is necessary to strengthen the supervision of process of the maritime mediation and arbitration.Fourth,strengthen the construction of the maritime mediation and arbitration.Fifth,the form of innovation maritime mediation and arbitration.Sixth,determine the legal effect of the arbitration and mediation agreement.Seventh,improve the information confidentiality and disclosure system.