Amicable dispute resolution in the People's Republic of China and its implications for foreign-related construction disputes

Research output: Journal article publicationJournal articleAcademic researchpeer-review

24 Citations (Scopus)

Abstract

A combined mediation/arbitration process is unique to the People's Republic of China (PRC). This paper looks at how this amicable, out-of-court dispute resolution system works if the dispute is foreign-related, as defined under the Foreign Economic Contract Law. First, it outlines Chinese culture and its relation to the PRC legal framework and also to the amicable dispute resolution system discussed. Second, the system is appraised in the context of the uncertainty of the local judicial system. Third, distinctive features of domestic and foreign-related dispute resolution mechanisms are discussed by comparison with international practice. Finally, the amicable dispute resolution system for resolving construction disputes and its enforcement mechanisms are analysed, with statistical data to explain their implications for foreign investors in the construction industry of the PRC.
Original languageEnglish
Pages (from-to)539-548
Number of pages10
JournalConstruction Management and Economics
Volume15
Issue number6
DOIs
Publication statusPublished - 1 Jan 1997

Keywords

  • ADR
  • Arbitration
  • Award enforcement
  • China
  • Construction dispute
  • Enforcement
  • Foreign economic contract law
  • Mediation
  • People's Republic of China
  • PRC

ASJC Scopus subject areas

  • Management Information Systems
  • Building and Construction
  • Industrial and Manufacturing Engineering

Cite this