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A New Era for China’s Commercial Mediation: Potential Benefits and Pitfalls

Dong Xiangdong

 International Business School, Qingdao Huanghai University

Abstract:

China’s newly promulgated Regulations on Commercial Mediation (“RCM”) represent a major legislative breakthrough in the field of dispute resolution, which signals China’s institutional preparedness to ratify the Singapore Convention in the near future. The development of commercial mediation in China has historically evolved aligning with the country’s economic growth. As China’s international competitiveness and economic potentials continue to expand, its commercial mediation regime is entering a new era of development. This article examines key innovations introduced by the RCM and, on the basis of regulatory analysis, identifies principal challenges regarding their implementation. It concludes with suggestions for the RCM to further improve. For-profit mediation institutions should be incorporated into the regulatory framework. Administrative authorities should enhance their supervisory functions. Further judicial interpretations by the Supreme People’s Court are necessary to address existing normative gaps. In the long term, the construction of a diversified dispute resolution ecosystem will be essential to the sustainable development of commercial mediation in China.


Key Words:

dispute resolution; China’s commercial mediation mechanism; the Singapore Convention

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