The Real Risk Of Bias In 'Chinese Style' Arbitrations
Mondaq Business Briefing › Hong Kong Law Articles in English (2011)
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The Real Risk Of Bias In 'Chinese Style' Arbitrations
It is not uncommon for arbitrations conducted in Mainland China to morph from an arbitration to a mediation and then back to an arbitration if a mediated settlement cannot be achieved. Under these types of arbitrations, it is the arbitrator who usually proposes to the parties that mediation should be utilized to assist with the resolution of the dispute, and, of critical significance, the arbitrator takes on the role of mediator. If the mediation fails, the parties resume the arbitral proceedings and the mediator returns to the role of arbitrator.
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