论国际商事仲裁中的调解-国际法学专业论文.docxVIP

PAGE PAGE 3 Abstract With the worlds changing economic structure, the international civil and economic exchanges become more frequent, and international commercial disputes arising from more and more. International Commercial Arbitration to resolve disputes as an important means of cost savings, independence, confidentiality and ease of manner than other dispute resolution has great advantages. However, with the dispute settlement of the continually increasing demands from some of the shortcomings of its own arbitration also gradually appearing. At this time the China International Economic and Trade Arbitration Commission of the application of mediation arbitration, arbitration practice widespread concern around the world. International commercial arbitration and mediation to resolve commercial disputes are two commonly used is the manner in which the nature of the two different methods of dispute settlement. International Commercial Arbitration and Mediation Can the combination of the international arbitration community caused long-lasting and lively discussion and debate. At present, the mediation of international commercial arbitration system has been as a new oriental experience gradually being accepted, not only in the most recent legislation related to the arbitration, but also by some arbitral institutions used by the Arbitration Rules. However, such practice, academia there are still some objections, the main concern is that the system will be up to some extent the damage of natural justice and due process principles. Overall this article on international commercial arbitration and mediation from the basic concept, in contrast to the concept of arbitration related to its covered by the analysis of the basic concepts, and then from the commercial arbitration in the dispute mediation system in the focus of the legitimacy of the system read Finally, the improvement measures proposed by the relevant and specific legislative proposals. First of all from the I