国际仲裁法教学（华南师范大学）课件星标内容.docVIP

1、ADR (Alternative dispute resolution) Definition： ADR is usually taken to be an amicable settlement which is helped to reach by a neutral third party. Negotiation 和解= informal discussion between the parties and/or their lawyers，least formal ADR; most control of disputing parties. mediation or Conciliation 调解= negotiation involving an independent third person chosen by the parties as a moderator(主持人、调解人) Arbitration 仲裁= settlement of a dispute by means of a finding of an independent third party appointed by the parties as a result of a formalised procedure Characteristic of ADR The parties to ADR have more control over the dispute ADR process is more flexible ADR process is expedient and save the disputants cost ADR agreements and settlements do not have binding force 2、International Commercial Arbitration Definition of “international” Two main criteria may be used, either alone or in conjunction, 1. Material connecting factors 2. International nature of the dispute：国际商业利益 the UNCITRAL Model Law adopts a mixed criterionArticle 1. (3) (翻译) An arbitration is international if : the parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States; Or one of the following places is situated outside the State in which the parties have their places of business: the place of arbitration if determined in, or pursuant to, the arbitration agreement; any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject-matter of the dispute is most closely connected; or the parties have expressly agreed that the subject-matter of the arbitration agreement relates to more than one country. Characteristics and advantages of ICA the nature of DRs Nongovernmental：Neutrality the autonomy of the partie：flexibility，convenience Efficiency：usually cheaper and faster Confidentiality：保密性proceedings and decision Professional and authority：专业权威性