International Commercial Mediation Case Study

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Due to the lack of binding international and regional legislations, international commercial mediation in Asia is mainly governed by national rules. Mediation has deep roots in many Asian countries, especially in states influenced by Confucianism with such as China, Japan or Singapore. In spite of the increasing use of mediation to settle disputes arising from cross-border commercial transactions in many Asian states , only a few jurisdictions like Hong Kong and India enacted national rules regulating this dispute resolution measure. Therefore the national legal basis for international commercial mediation varies among Asian countries.
Being considered as the birthplace of mediation , China has enjoyed a long history in the mediation of business …show more content…

India is recognized as a country having a long history of mediation due to the existence and development of different forms of mediation to resolve business dispute since the pre-British India . In 1947, the concept of mediation/conciliation received legislative recognition in India for the first time in the Industrial Disputes Act which imposed the duty of conciliator to mediate and promote the settlement of industrial dispute. In 1996, an independent law regulating international commercial mediation, namely Arbitration and Conciliation Act, was adopted by Indian Parliament. It is also the first independent rule on international commercial mediation in Asia. In addition, Section 89 of the Code of Civil Procedure 1908 amended in 1999 provided for reference of cases pending in Courts to ADR which included mediation. Likely, due to the implementation of various mediation systems to resolve land, commercial or labor disputes since 1922, a special act regulating the court-based mediation proceedings was promulgated in Japan, namely Civil Conciliation Act (Minji Chotei Ho, Act No.222). Moreover, to encourage to development of private mediation proceedings, on 1 December 2004, the Act on promotion of use of Alternative Dispute Resolution was issued, which was followed by an Ordinance of the Ministry of Justice on 28 April 2006 and an Order of the cabinet. This

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