国际仲裁法教学（华南师范大学）1 introduction2014.ppt

CONTENT1:Arbitration Introduction to International Commercial Arbitration Arbitration Body Arbitration Agreement Arbitration Procedure Arbitration Awards Future Development CONTENT 2:Litigation Introduction to International Civil Litigation Jurisdiction of International Civil Litigation International Judicial Assistance Recognition and Enforcement of Foreign Judgement Chapter 1GENERAL INTRODUCTION Section 1? Introduction to Methods for the Settlement of Disputes Section 2? Introduction to ADR Section 3? Introduction to International Commercial Arbitration QUESTIONS AND COMMENTS Section one Introduction to Methods for the Settlement of Disputes Under the modern international law, the resolution methods are very wide, such as negotiation, inquiry, good offices and mediation, conciliation, arbitration and judicial settlement. 1. Judicial method 1.1 traditional way of settling legal disputes 1.2 China civil procedure law of involving the foreign elements, above study in the CP Of PRC part 4. 2. Non-judicial method Traditional litigation is often criticized for its delay, cost and complexity, and sometimes for failing to provide results that satisfy the parties. 2.1 ADR (Alternative dispute resolution)替代性/选择性?☆ 2.2 Arbitration as an independent dispute resolution (两种观点) Section two Introduction to ADR ★ 1. Definition of ADR? ADR is usually taken to be an amicable settlement which is helped to reach by a neutral third party. 2. Expression of ADR 2.1 Negotiation 和解 = informal discussion between the parties and/or their lawyers，least formal ADR; most control of disputing parties 2.2 mediation or Conciliation 调解 = negotiation involving an independent third person chosen by the parties as a moderator(主持人、调解人) 2.3 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 most formal ADR; least control of disputing parties 2.4 others of ADR Good offices　斡旋 Expert De