An Empirical Study of Arbitrators Acting As Mediators in China

Authors

Fan Kun

Abstract

Whether an arbitrator can and should act as a mediator in a pending arbitration is one of the most controversial issues in international arbitration. While mediation is not a new concept for the West, the practice of having the same person acts as both an arbitrator and a mediator in one proceeding has aroused great debate in theory and practice. The debate gives rise to delicate ethical issues, and touches the very core of arbitration, i.e., the mission of arbitrators.

Section II of the Article reviews relevant literature on the general attitudes of arbitrators in settlement facilitation. Section III defines the scope of the current study and describes the empirical methodology. Section IV analyzes the results of empirical research and gives a detailed description of the attitudes and practice of arbmed in China. Section V discusses further implications of the Chinese experience on the practice in other jurisdictions. Section VI concludes.

Disciplines

Comparative and Foreign Law | Dispute Resolution and Arbitration | International Law | Law

Recommended Citation

Fan Kun, An Empirical Study of Arbitrators Acting As Mediators in China, 15 Cardozo J. Conflict Resol. 777 (2014).
Available at: https://larc.cardozo.yu.edu/cjcr/vol15/iss3/6