On 27 June, our partner Andrew Paton moderated a session on ADR at the Summit on Commercial Dispute Resolution in China, organised by the Beijing Arbitration Commission/Beijing International Arbitration Court and sponsored by UNIDROIT – International Institute for the Unification of Private Law and Sapienza Università di Roma.
The Sessions focussed on recent legislative developments regarding commercial arbitration and mediation in China, also through the development of pilot mediation legislation in 3 Chinese free trade zones.
These changes are part of broader efforts to make China more welcoming to foreign businesses and investors, while addressing the so-called “litigation explosion” marked by an unprecedented volume of disputes across the country.
Among the solutions discussed were the simpler enforceability of foreign arbitration awards in China, the opening this year of the International Organization for Mediation in Hong Kong and the growing interconnection between litigation and mediation.
Participants also reflected on the role of China’s cultural mindset of “harmony” or “unity of paradoxes” as a potential resource for navigating today’s rising trade and geopolitical uncertainties.