Hybrid Dispute Resolution Beyond the Belt and Road: Toward a New Design of Chinese Arb-Med(-Arb) and Its Global Implications

Arb-med is a form of hybrid dispute resolution that combines an adjudicative approach (arbitration) with a non-adjudicative approach (mediation). Dispute resolution clauses requiring arb-med will assume a popular role in resolving disputes that arise under China’s Belt and Road Initiative. This article argues that China should regulate arb-med in a way to reconcile local practices (mediation) with international expectations (arbitration) in context of the BRI. As an economic bloc proposed by China, the BRI development has the potential to promote dispute resolution means with Chinese characteristics such as arb-med. Global comparative study of leading arbitration jurisdictions in the East and the West shows a heightened awareness of arb-med due process concerns regarding international enforcement of arb-med awards. Most recent reforms on arb-med by leading Chinese arbitration institutions, such as the CIETAC, BAC and SCIA, evidence a trend toward bifurcating the two processes when facing international clients. China is aware of procedural justice in the hybrid dispute resolution. The establishment of the China International Commercial Court (“CICC”), and its creation of the “One-Stop” Platform shows the need to attract foreign parties, in addition to merely Chinese ones, and the pressure to compete in the BRI dispute resolution market. These are the leading factors that drive Chinese regulators to look beyond sociopolitical imperatives and cultural boundaries in promoting arb-med outside of the Belt and Road. As China is anticipated to propel the BRI arbitration system, Chinese arb-med, and its unique process, will remain a fluid area of localized globalism in contrast with globalized localism in China-led BRI dispute resolution development

China\u27s Belt and Road Development and A New International Commercial Arbitration Initiative in Asia

The policy centerpiece of President Xi Jinping\u27s foreign strategy, China\u27s Belt and Road Initiative (BRI), ambitiously aspires towards expanding regional markets and facilitating regional cooperation. In context of a rising volume of cross-border transactions generated by the BRI, a robust legal framework on dispute resolution is required to forge investor confidence and enable BRI\u27s integral goal of economic integration. In light of the substantial levels of harmonization among arbitration laws, arbitration is argued to constitute a primary vehicle of international commercial dispute resolution in an economically integrated Asia under the BRI. It is against this backdrop that the Article argues that the BRI provides a unique opportunity to contemplate the possibility of regional harmonization, as within the Asian economies along the BRI, of the public policy exception to arbitral enforcement. Such an arbitration initiative in Asia, in which China is anticipated to take a proactive role, holds a wealth of potential to project renewed momentum on China as an engine of not only economic power, but also soft power transformation in pioneering international legal norms

15 Years of the Handover: The Rise, Discontent, and Positive Interaction of Cross-Border Arbitration in Hong Kong with Mainland China

Since the sovereignty handover and establishment of the Hong Kong SAR in 1997, Hong Kong has faced the dual challenges of balancing her need to facilitate a cross-border arbitration regime which is compatible with Mainland China under the principle of “one country, two systems”, and promoting herself as an international arbitration center. The two goals are at times incompatible, as accommodating the localized needs and standards of Mainland China often requires Hong Kong courts to be more “flexible” than established international arbitration standards would allow. This Article attempts to give a comprehensive analysis of the above problems. First, this Article surveys all the cases of the enforcement of Mainland China arbitration awards in Hong Kong courts since the handover to present the actual interpretation of the standard of cross-border arbitration in Hong Kong with Mainland China. Second, from this comprehensive evaluation of the enforcement landscape, this Article makes a macro-proposition over the interaction between the Mainland China arbitral regime and the Hong Kong courts, with the judgments of the Hong Kong courts serving as a catalyst for improvements in the rules and practices of the Mainland China arbitral authorities. This Article gives credit to the proper type of interaction between the two sides, i.e. the positive interaction trend where Mainland China arbitral authorities reflecting on Hong Kong’s arbitral enforcement judgments, become persuaded and incentivized to change their rules to cohere with the high and internationally accepted arbitration standards that Hong Kong maintains. This Article argues that “positive interaction” is important to the cross-border arbitration development. Despite the recent halt, or even reversal, of the positive interaction trend in light of the Keeneye case, this Article argues that positive interaction should be and is likely to be resumed, as Hong Kong seeks to maintain its image as an international arbitration powerhouse and Mainland China continues to modernize and internationalize its arbitration system. In the long run, this improved cross-border arbitration consensus will bring about the healthy development of the legal cooperation between the two sides and act as an engine for economic growth in the Greater China region

The Global Rise of International Commercial Courts: Typology and Power Dynamics

Over the past decade, there has been a proliferation of International Commercial Courts (ICCs) across the globe. ICCs are specialized tribunals within the domestic court hierarchy tailored for the adjudication of complicated cross-border commercial disputes. Most ICCs share similar features, such as a set of flexible procedural rules comparable to those in international arbitration, multilingual court proceedings, and the recruitment of overseas judges or foreign legal experts. The global phenomenon calls for a systematic comparative study of the different generations of ICCs and their power dynamics. This Article will offer a unique typological framework to study the evolution of ICCs. In particular, emphasis will be placed on the power dynamics among the ICCs such as horizontal power dynamics among the ICCs inter se, and diagonal power dynamics between the ICCs and international arbitration. This Article argues that the most apt characterization of the two dimensions of power dynamics is “co-opetition,” a combination of “cooperation / collaboration / complementarity” and “competition.” While a race for cases and foreign litigants is inevitable, we argue that there is significant room for inter-regional cooperation and coordination to allow for and capitalize on different ICC niches and specialties

Penyelesaian Tindak Pidana Perjudian yang Dilakukan oleh Anak Menurut UU No.11 Tahun 2012

The title of this legal writing is "The Completion of the Crime of Gambling Carried Out by minors based on the law Number 11 of 2012 on the Juvenile Justice system". This type of research is normative legal research. Normative legal research is a research conducted or focusing on norm of positive law in the form of legislation. Legal issues raised is whether the completion of the crime of gambling by children is in conformity with the law Number 11 of 2012 about the juvenile justice system. The purpose of this research is to determine and analyze the completion of the crime of gambling by children under the law of the juvenile justice system. The result showed that the efforts made to prevent criminal acts of a child is an attempt preventive and repressive efforts. Juvenile justice system is closely related to restorative justice. Regarding the obligation to make a diversion conducted by law enforcement officials, in particular under Article 7 and 96 of the law number 11 of 2012 on the Juvenile Justice System

The Delicate Art of Med-Arb and its Future Institutionalisation in China

Mediation is a participatory intervention process wherein disputing parties work with a third party, the mediator, to negotiate a resolution of their conflict [to be continued...