Research on the Compulsory Conciliation System
DOI: 10.23977/law.2023.020101 | Downloads: 9 | Views: 134
Cuicui Chen 1, Yaxin Geng 1, Jialong Nie 2
1 Zhanjiang University of Science and Technology, Zhanjiang, China
2 Jiangxi University of Technology, Nanchang, China
Corresponding AuthorYaxin Geng
The Chinese conciliation system, known as the 'Eastern Experience', was born in primitive society, written down in the Western Zhou Dynasty, incorporated into the law formally during the Yuan Dynasty, and became more systematic in the Ming and Qing Dynasties. The traditional Chinese conciliation system has profoundly influenced the modern Chinese conciliation system, which has a long history of development in China. International interactions rise international disputes which give birth to international conciliation, and modern international conciliation formally emerged and developed in the 1920s. Since international conciliation in this period was mainly based on international investigation and conciliation, it embodies the characteristics of investigation and conciliation. Compulsory conciliation, as a breakthrough and development in international conciliation, is procedurally mandatory but the consequences are not binding. With the successful compulsory conciliation case between Timor-Leste and Australia, the international community has given more attention to compulsory conciliation. Compulsory conciliation, which blends the compulsion of arbitration and litigation procedures and the flexibility of traditional conciliation procedures, also has certain drawbacks. The local delay in development owing to COVID-19 does not prevent the occurrence of investment disputes. This article intends to conduct a preliminary research on the compulsory conciliation system in order to prepare the basis for the application of compulsory conciliation to investment disputes, as well as to the Belt and Road investment disputes.
KEYWORDSConciliation, international conciliation, compulsory conciliation, dilemma
CITE THIS PAPER
Cuicui Chen, Yaxin Geng, Jialong Nie, Research on the Compulsory Conciliation System. Science of Law Journal (2023) Vol. 2: 1-6. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020101.
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