A Study Of The Legal Aspects Of Combining International Commercial Arbitration And Conciliation

With International commercial disputes are diverse and complex,and the emergence of a combined system of arbitration and mediation can maintain good cooperation while efficiently resolving disputes.The purpose of this article is to discuss whether the same neutral model is used in a combined arbitration and mediation system and the confidentiality of information that this entails,as well as the validity of the mediation agreement as the final outcome of the dispute resolution.Firstly,the definition of "international" is combined with the common international practice of adopting a substantive linkage criterion and defining the scope of "commercial" by means of a reverse exclusion enumeration,and explaining the definition and nature of arbitration and mediation respectively.Mediation,as discussed in this paper,is a dispute resolution process in which one or more mediators preside over the parties to resolve their dispute and do not have the power to compel the parties to accept the proposal they are offered,which is highly autonomous.Secondly,the models of mediation are divided into three categories according to the order in which they occur: mediation followed by arbitration,mediation in arbitration and arbitration followed by mediation,and the advantages and disadvantages of each model are analyzed.This leads to the question of the choice of whether to adopt the same neutral and the question of confidentiality of information in the transformation of proceedings.The three different models of whether to adopt the same neutral system are analyzed separately,and the paper suggests choosing the conditional identical neutral system,promoting information confidentiality by improving the information disclosure system,and choosing to give the parties the initiative to initiate proceedings in order to give full play to the superiority of party autonomy in the combined arbitration and mediation system.Finally,the combined system of arbitration and mediation should ultimately be enforced.For cases concluded through mediation,China can refer to the Singapore Convention on Mediation to give direct enforcement power to commercial mediation agreements,and the arbitration tribunal should also be obliged to review the mediation agreement,so that the combined system of arbitration and mediation can eventually become a multi-dispute resolution mechanism adapted to international commercial development.