China

ADR, China, Chinese Culture, cross-border mediation, Hong Kong, ICSID, Investor-state mediation, People’s Mediation Law

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Introduction  China’s noticeable absence from ISDS cases raises interesting questions about the resolution of investor-state disputes from a Chinese perspective. So far, there have only been 15 ISDS cases brought on behalf of Chinese investors, with China having been on the receiving end of 9 claims. One might consider these figures very low, when compared,…

China, Commercial Mediation, eBRAM, Online Dispute Resolution (ODR), Online Mediation, Opt-In, Reform, Regulation, UNCITRAL, United States

(Singapore International Dispute Resolution Academy) and (Yong Pung How School of Law (SMU))/ /Leave a comment

The launch of the Online Dispute Resolution (ODR) Collaborative Framework by the Asia Pacific Economic Council (APEC) is set to incentivise and conceivably revolutionise commercial dispute resolution across APEC economies. In this posting we explore the Framework, how it works, and why it’s important. What does APEC’s ODR Collaborative Framework seek to achieve? With a…

Chinese Culture, Mediation, mediation as a career, Mediation Practice, Mediation Skills, Mindset, peace negotiations, Philosophy, Settlement Agreements

(Kwok, Ng & Chan, Solicitors & Notaries)/ /4 Comments

Below was a conversation between two Chinese philosophers, namely, Huizi (“Hui”) and Zhuangzi (“Zhuang”) on the Joy of Fish when they were strolling on a bridge over River Hao more than two thousand two hundred years ago.   Zhuang :    That minnow swims leisurely and it must be joyful. Hui        :   You…

China, eBRAM, Hong Kong, Investor-State dispute settlement, Investor-state mediation, Mediation, UNCITRAL

(Kwok, Ng & Chan, Solicitors & Notaries)/ /Leave a comment

Mediation is a confidential process with an impartial third party (the mediator) assisting the disputing parties to reach a mutually acceptable solution. Skilled mediators are also engaged by potential business partners to assist in the deal-making process. The Hong Kong SAR Government (Hong Kong Government) and in particular the Department of Justice has been promoting…

People’s Mediation, People’s Mediation Law

(Kwok, Ng & Chan, Solicitors & Notaries)/ /2 Comments

On 28 August 2010, the Standing Committee of the National People’s Congress promulgated the People’s Mediation Law of the People’s Republic of China (“Mainland China”). The People’s Mediation Law came into effect on 1 January 2011. Those who are familiar with the latest ADR development of Mainland China know that People’s Mediation is not the…

Chinese Culture, Go to the balcony, Mediation Skills, Mindset, Reality-Testing

(Kwok, Ng & Chan, Solicitors & Notaries)/ /Leave a comment

According to the Chinese Lunar calendar, yesterday (1 October 2020) was the Mid-Autumn Festival, commonly known as the Moon Festival in the West. With more Chinese living in different parts of the world, the Moon Festival has been receiving more attention, and gradually, it is becoming a popular festival everywhere as we all like to…

CEPA, eBRAM, Hong Kong, IDAR Office, Investor-State dispute settlement, Legal Hub, Mediation, Mediation wisdom

(Kwok, Ng & Chan, Solicitors & Notaries)/ /Leave a comment

In the alternative dispute resolution arena, mediation plays a prominent role in resolving disputes in all scales globally. Hong Kong is a mediation hub in the region and one would be interested to see what Hong Kong is offering and what it will offer to the development of mediation. To share with us how mediation…

Bias, Chinese Literature, Cognitive Bias, Conflict, Mediator's Image, Neuroscience, Promoting Mediation, The role of the mediator

(Kwok, Ng & Chan, Solicitors & Notaries)/ /2 Comments

This is a tale from an ancient piece of Chinese literature – Lu’s Commentaries of History – – compiled in 239 B.C. by Lu Buwei, the Prime Minister of the state of Qin.- “There was once a villager who had lost his hatchet. Thinking it was stolen by his neighbour’s son, Wang, he began observing…

China, COVID-19, Europe, Future of mediation, Leadership, Mediation and Society, Neuroscience, Perception, The role of the mediator

(FORARB/Charles University)/ /Leave a comment

Early in the morning, I got a call from a lawyer representing one of the parties in cross border mediation. “Would you consider changing the venue for our meeting?”, he asked. Usually not a surprising demand. This time an expected one. We were about to meet in Milan, Italy which at the time being had…

China, Commercial Mediation, Mediators’ Conduct, Reflective Practice, Stories

(Weiler ADR Inc.)/ /Leave a comment

Recently, as I sat in a mediation room awaiting the arrival of lawyers and clients I did something I have often done for more than 20 years. I performed an ancient divination ritual. I cast the I Ching. The I Ching is an ancient Chinese oracle dating back about 3,000 years. It has provided insight…