Research On The Use Of Mediation To Resolve International Commercial Disputes Under The “Belt And Road” Initiative

With the further development of investment to the countries of “One Belt,One Road”(“OBOR”)by China commercial investors,how to quickly and effectively solve the international commercial disputes arising from the investment is an urgent practical problem to be solved.At present,international commercial arbitration is the solution mostly used,followed by international commercial litigation,while international commercial mediation often appears as an auxiliary way.But this article argues that international commercial mediation should be widely used to solve the international commercial disputes arising from the investment of OBOR.Through the analysis of the difficulties of international commercial litigation and arbitration,and the chance to develop international commercial mediation under OBOR,this article puts forward the opinion that China should use mediation to solve the international commercial dispute under “OBOR”.To prove the dilemma of international commercial litigation,this article compares the legislation,bilateral / multilateral treaties to expound the difficulties to apply the law,the conflicts of the jurisdiction and the problems of recognizing and enforcing the foreign judgements,and also uses the related data issued by the World Bank to clearly reveal the defects of timeconsuming and high-cost of international commercial litigation.To prove the plights of international commercial arbitration,the article studies the representative arbitration law and arbitration rules of the “OBOR” countries to expose the fact that arbitration interim measures can’t be enforced,and by analyzing the use of “Evidence Disclosure” in the arbitration procedures to reveal the judicialized tendency of international commercial arbitration,and by enumerating data from World Bank to reveal how long the arbitration procedure lasts and how much it costs.On the basis of above,the article combines the fact that UNCITRAL is working on carrying out a convention to ensure the enforcement of international mediation agreement,and the specialized,institutionalized development and the advantage of international commercial mediation,to demonstrate the feasibility of the development of international commercial mediation in China.After these arguments,the article holds the opinion that China should promote the formulation and approval of the convention,actively apply the Principle of Reciprocity,improve the diversified dispute settlement mechanism,strengthen the legislation of commercial mediation and the regulations of commercial mediation industry,in order to mediate the international commercial dispute under “OBOR” and protect the legitimate interests of Chinese investors.