Originally From:
The Asian Leading Arbitrators' Guide to International Arbitration - Hardcover
The Asian Leading Arbitrators' Guide to International Arbitration - Electronic
CHAPTER 18 - Preview Page
THE ROLE OF CONCILIATION IN RESOLVING DISPUTES: A PRC PERSPECTIVE
Wang Wenying*
I. INTRODUCTION
Conciliation is the process by which the participants – together with the assistance of a neutral person or persons – systematically isolate disputed issues in order to develop options, to consider alternatives, and to reach a consensual settlement that will accommodate their needs.1 Conciliation has a long history in China because it emphasizes the necessity of avoiding conflict, observing proper rules of behavior, and relying on the social group to resolve differences,2 which are in conformity with Confucian standards and values.3 In China,4 conciliation can be divided into five categories: administrative conciliation, people’s conciliation, conciliation conducted by permanent conciliation centres, conciliation conducted in the litigation process, and conciliation conducted in the arbitration process.5 Administrative conciliation is conducted by the administrative bodies within their authorities according to the law for the
purpose of resolving disputes and usually conducted in accordance with particular administrative regulations. People’s conciliation is conducted by the people’s conciliation committees for conciliating
civil disputes in accordance with laws, regulations, rules and policies; and in the absence of definite provisions in laws, regulations, rules and policies, the people’s conciliation committees shall conduct
conciliation in accordance with the social morals.6 At present, conciliation plays an important role in resolving disputes arising from almost all areas of Chinese society.7 Generally, the later three
categories of conciliation are often employed to deal with commercial disputes. For the purpose of this book, this Chapter does not discuss administrative conciliation and people’s conciliation.
About the Author:
Wang Wenying has served in the Department of Law of the China Council for the Promotion of International Trade (CCPIT) since 1989. She held the position of Deputy Representative and Representative of CCPIT & CCOIC Hong Kong Representative Office from 1997 to 2000. She has been a research fellow in the Arbitration Research Institute of the China Chamber of International Commerce (CCOIC) since 2001 after she got her doctoral degree of legal science (SJD) from Hong Kong University. She is currently the Director of the Arbitration Research Institute. Dr Wang has also served as Chair, sole arbitrator, or as a member of international and domestic arbitration panels. She has also been appointed as an expert dealing with domain name dispute cases by CIETAC Domain Name Dispute Resolution Center.
