Combining Arbitration with Mediation: Two Cultures of China and Malaysia

• 발행기관: 한국중재학회
• 저자명: Yongkyun Chung
• 간행물 정보: 『중재연구』 제26권 제3호, 149~173쪽, 전체 25쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2016.09.30

영문 초록

This study vindicates similarities and differences of hybrid process of arbitration and mediation between China and Malaysia. Both countries develop hybrid processes combining arbitration with mediation in their own cultural soils. The Chinese dispute resolver plays the dual role of arbitrator and mediator during the proceedings of hybrid process of arbitration and mediation. On the other hand, a different arbitrator plays the role of mediator, if conciliation fails in Malaysia. On the other hand, judges are allowed to act as mediator during the proceeding in China and Malaysia.

목차

Ⅰ. Introduction

Ⅱ. Taoism-Confucianism and Arbitration-Mediation in China

Ⅲ. Shari ah and Arbitration-Mediation in Malaysia

Ⅳ. Two Cultures of Arbitration-Mediation in China and Malaysia

Ⅴ. Conclusion

키워드

Arbitration-Mediation Shari ah Taoism Confucianism Malaysia China Hybrid Process