The American Bar Association (ABA) invited AnJie Partner Dr. Dong Xiao to deliver a speech entitled “Mediation in China: History in Brief and Its Latest Developments” at the ABA Section of International Law Spring Meeting held in New York City on 13th April, 2016.
Dr. Dong Xiao explained to the audience the special significance of mediation in China. In the first part of his speech, he introduced mediation as serving an essential role in dispute resolution throughout its long history in China. Dr. Dong Xiao then related more recent Chinese developments; namely, the 2012 amendment to the “Civil Procedure Law” and the 2015 amendment to the “Opinions of the Supreme People's Court on Certain Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China”. Dr. Dong Xiao explained the new regulations and requirements of Chinese legislation on mediation in the context of commercial litigation. Dr. Dong Xiao also took a look at the “China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules” (2015) and “Beijing Arbitration Commission (BAC) Arbitration Rules” (2015). These were the most recent examples of developments in Chinese commercial arbitration. Dr. Dong Xiao concluded by sharing lessons from his experience as an arbitrator and a mediator during his 20 years of legal practice. He offered his informed perspective on mediation in China as well as useful pointers to foreign enterprises and foreign lawyers who would participate in Chinese litigation or mediation in arbitration. In addition, Dr. Dong Xiao held a discussion with the moderator and other speakers about the characteristics of Chinese commercial mediation and the difference of its application in litigation and arbitration.
The Meeting drew several dozen professional practitioners, mostly lawyers and in-house counsel from legal jurisdictions around the world. They held a spirited discussion following Dr. Dong Xiao’s speech. Many practitioners professed hopefulness regarding cooperation with AnJie Law Firm in cross-border commercial dispute resolution in the near future.
