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Home > Country profiles > China > Articles > Article detail



There are no Country Representatives yet for China, please contact us if you are interested - info@mediationworld.net




ADR for commercial disputes in China

Sunday, 25th November 2019

"It is a common understanding to deal with cross-border commercial disputes through alternative dispute resolution (ADR), which is compliant in advance, and timely, effective and low-cost during the process and afterwards. Under the previous system, the settlement agreement reached through mediation is generally regarded only as a contract between the parties to the dispute and cannot be enforced automatically. To enforce it, the commercial arbitration or civil litigation procedure needs to be initiated on the ground of breach of contract.

Since China formally signed the Convention on International Settlement Agreements Resulting from Mediation (including the Model Law) (the convention) in August 2019, it is of far-reaching significance to ensure that these settlement agreements can be included under the convention, and can be enforced in foreign jurisdictions like those enforced under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Convention on the Choice of Court Agreement, and the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters."

Select the link to read this article in full:  


Web-link: http://www.vantageasia.com/adr-commercial-dispute-china/
Language: English
Contact: Quan Zhaohui and Mo Xinying, ETR Law Firm


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