The Settlement of Labor Disputes Through Mediation and Arbitration in China
The Settlement of Labor Disputes Through Mediation and Arbitration in China

Author: Ji MA

Publisher:

Published: 2012

Total Pages: 0

ISBN-13:

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The paper focuses on the settlement of labor dispute through mediation and arbitration in China. In Section I the paper talks about the labor dispute in China with the statistics analysis about labor disputes in China, including collective disputes. And the paper analyzes the reasons behind these statistics. In Section II the paper talks about the history of labor dispute resolution method through mediation and arbitration, combining with the relevant labor dispute laws and regulations. In Section III the paper talks about the specific process to resolve labor dispute through mediation and arbitration based on the current effective laws and regulations. Section IV talks about the characteristics of current mediation and arbitration method to resolve labor dispute in China, and will evaluation of the mediation and arbitration approach to resolve the labor dispute, including the advantages and limits of current mediation and arbitration approach to resolve the labor dispute. Section V concludes the paper with several suggestions. A more independent dispute mediation and arbitration system, the committee-appointing arbitrator mechanism, labor dispute cases' information publication mechanism, the mandatory nature of the arbitration, and the nature of the trade union all needto be reformed.

Dispute Resolution in China
Dispute Resolution in China

Author: Weixia Gu

Publisher: Routledge

Published: 2021-02-22

Total Pages: 276

ISBN-13: 1317584767

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China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China’s transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China’s civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China’s socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China’s dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.

Managing Business Disputes in Today's China
Managing Business Disputes in Today's China

Author: Michael J. Moser

Publisher: Kluwer Law International B.V.

Published: 2007-01-01

Total Pages: 356

ISBN-13: 9041124624

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With its practical, problem-solving approach, this book provides corporate counsel, international lawyers, and business people, as well as students of dispute resolution, with a realistic picture of dispute settlement practices in business transactions in China today.

Mediation in Collective Labor Conflicts
Mediation in Collective Labor Conflicts

Author: Martin C. Euwema

Publisher: Springer

Published: 2019-05-28

Total Pages: 339

ISBN-13: 3319925318

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This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.

Landmark Labor Law Cases in China
Landmark Labor Law Cases in China

Author: Baohua Dong

Publisher: Kluwer Law International B.V.

Published: 2019-05-20

Total Pages: 677

ISBN-13: 9041195505

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The Labor Law of the People’s Republic of China, originally promulgated in 1994, has undergone many changes and continues to be subject to judgments and arbitral awards arising from disputes and such claims as breaches of labor contract and denial of benefits. This book provides most updated, detailed, and comprehensive interpretation of Chinese labor law issues, focusing on detailed analysis of twenty leading cases. The first part of the book describes in depth the role of labor law in Chinese society, elaborating on its development and its characteristic features. The cases that follow, each described in minute detail, thoroughly explicate the issues that underlie the dynamic growth of Chinese labor law, such as the following: establishment and identification of the employment relationship; performance, change, dissolution, and termination of the employment contract; determining atypical employment relationships; fiduciary duties; health insurance provisions; work-related injury; labor dispatching service; legal remedies—mediation, arbitration, litigation; labor inspection; legal issues on foreigners’ employment in China; violation of rights to privacy, human dignity, and equal employment; enterprise dissolution or merger; employer’s right to dismissal; economic compensations arising from illegal dismissal; and worker’s damages arising from illegal dissolution of the employment contract. The carefully selected cases span the full range of labor law issues, with perspectives from parties to the action, attorneys, and judicial personnel as well as the editor’s expert analysis of the legal principles, statutes, and case law involved. This English translation of a book published in 2016—the first to focus on labor and employment-related issues in China in a comprehensive way via case law—will help the international community to understand China’s labor law environment and its current achievements. It will prove of immeasurable practical value for practitioners, arbitrators, and academics, as well as for employers and workers with an interest in China.

Dispute Resolution in the People’s Republic of China
Dispute Resolution in the People’s Republic of China

Author: Zhiqiong June Wang

Publisher: BRILL

Published: 2019-12-02

Total Pages: 339

ISBN-13: 900433128X

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This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.

Mediation and Alternative Dispute Resolution in Modern China
Mediation and Alternative Dispute Resolution in Modern China

Author: Yun Zhao

Publisher: Springer Nature

Published: 2022-04-21

Total Pages: 160

ISBN-13: 9811921121

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The book examines the development and application of mediation in China (including Hong Kong). As a popular mechanism for dispute resolution in Chinese history, mediation is believed to be an important process for realizing the official goal of social harmony. Following an overview of the current situation in mainland China and Hong Kong, the book looks into specific legal issues in the application of mediation and the practical use of mediation in specific lines of businesses. The book can serve as an important reference book on the law and practice of mediation in mainland China and Hong Kong for scholars, practitioners, as well as students of mediation and alternative dispute resolution.

China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’
China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’

Author: Wenhua Shan

Publisher: Cambridge University Press

Published: 2021-02-18

Total Pages: 357

ISBN-13: 1108619061

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Written by eminent international judges, scholars and practitioners, this book offers a timely study of China's role in international dispute resolution in the context of the construction of the 'Belt and Road Initiative' (BRI). It provides in-depth analysis of the law and practice in the fields of international trade, commerce, investment and international law of the sea, as they relate to the BRI construction. It is the first comprehensive assessment of China's policy and practice in international dispute resolution, in general and in individual fields, in the context of the BRI construction. This book will be an indispensable reading for scholars and practitioners with interest in China and international dispute resolution. It also constitutes an invaluable reference for anyone interested in the changing international law and order, in which China is playing an increasingly significant role, particularly through the BRI construction.

China's New Labor Dispute Resolution Law
China's New Labor Dispute Resolution Law

Author: Yun Zhao

Publisher:

Published: 2011

Total Pages: 0

ISBN-13:

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The year of 2008, marking the 30th anniversary of the adoption of the Open-Door Policy, stands as an important year for the implementation of a new set of labor laws intending to provide a better legal framework for the protection of workers' interests. While the Labor Contract Law protects the workers' substantive rights, the Law on Labor Dispute Mediation and Arbitration complements by protecting the procedural rights. This is the first time for China to have a labor procedural law at a high legislative level to enforce mandates protecting workers' rights. It is expected to bring greater protection to the workers, make dispute resolution channels more accessible and promote harmonious relations between the employers and the workers. It remains to be seen whether this will result in an increasing number of labor disputes (some possibly without merit and frivolous) being brought before the local labor arbitration commissions in China. While it is too early to tell whether this new law could meet the original expectation, its real impact, as constantly claimed, lies in how the government and judicial bodies interpret and enforce it.

Dispute Resolution Mechanism for the Belt and Road Initiative
Dispute Resolution Mechanism for the Belt and Road Initiative

Author: Guiguo Wang

Publisher: Springer Nature

Published: 2020-01-23

Total Pages: 160

ISBN-13: 9811519757

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This book examines resolution of the disputes between both sides of Belt and Road economic cooperation. To address the problems surrounding legal guarantee and dispute resolution, the International Academy of the Belt and Road has gathered almost 50 experts from over 30 Belt and Road countries and regions to utilize current advances in the dispute resolution mechanism, taking into account the legal systems, legal environment and historical and cultural characteristics of Belt and Road countries and regions. The dispute resolution mechanism presented advocates giving priority to mediation when a dispute arises—arbitration is necessary only when mediation is ineffective. In addition, arbitration should be highly transparent, show respect to both contracting parties, and be equipped with an appeal system. This hands-on book offers detailed explanations of mediation rules, arbitration rules and appeal procedures. On the one hand, this mechanism embodies the integration of the cultures, traditions, legal systems, legal values and legal thoughts of Belt and Road countries and regions. On the other hand, it highlights the importance of mediation, which not only is the idea of oriental culture carrying forward traditional Chinese culture, but also follows the trend of dispute resolution. As a result, the dispute resolution mechanism established in this book is beneficial to the development of the Belt and Road Initiative.