Chan, E H W (1997) Amicable dispute resolution in the people's republic of China and its implications for foreign-related construction disputes. Construction Management and Economics, 15(6), pp. 539-548. ISSN 01446193
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.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | adr; arbitration; award enforcement; China; construction dispute; enforcement; foreign economic contract law; mediation; people's republic of China; prc |
| Index terms: | mediation, international practice, China, contract law, investor, dispute, enforcement, resolution, construction industry, arbitration, construction dispute |
| Subjects: | dispute resolution, strategic management, Geography, health safety and environment, contract law, industry analysis, conflict resolution, sociology |
| Topics: | Legal Issues, International Construction, Stakeholder Management, Health and Safety, Geographical Context, Research Practice |
| Descriptive scope: | 3 PCT |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here