Resolution of Economic Disputes: Administrative Reconsideration
Resolution of Economic Disputes: Administrative Reconsideration
(II) Characteristics of international arbitration
1. International factors of international arbitration
The matters of international arbitration are mainly disputes arising in international economic, trade, transportation, and maritime affairs. At least one of the parties is a foreigner, and both parties may be Chinese under special circumstances.
2. Great flexibility of international arbitration
Compared with domestic arbitration, international arbitration is more flexible and autonomous for both parties. Both parties may choose a legal seat of arbitration and arbitration institution, or the applicable substantive law. In addition, an award may be rendered on disputes in accordance with commercial practices.
3. Combination of arbitration and mediation
Mediation is conducted in the process of arbitration out of the free will of both parties. Where both parties reach an agreement after mediation, the arbitral tribunal may make an award to close the case based on the settlement agreement. If mediation fails, arbitration will be conducted. Of course, mediation is not a necessary procedure for arbitration, and arbitration proceedings may be directly conducted without mediation.