2003•Arbitration InternationalRequires access

Beijing-Hamburg Conciliation

Johannes Trappe

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Abstract

CONCILIATION, TODAY, is a topic which is discussed worldwide. This is the case for two reasons: first, through interest in discovering how conciliation is effectively practised in other parts of the world, above all in the People's Republic of China, and, secondly, because of the efforts being undertaken, again worldwide, to further or to introduce conciliation as a means to settle commercial disputes. This article aims in particular to illustrate the practical aspects of conciliation. Therefore, I will first discuss case law and then the background of the Beijing–Hamburg Conciliation Centre. With regard to case law, I will first discuss in detail one particular case.1 This discussion will show, above all, the reasons for parties to agree upon conciliation. I shall then mention some more cases illustrating situations where conciliation could be helpful, or where a conciliation institution could be helpful, and in fact proved helpful in the...

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CONCILIATION, TODAY, is a topic which is discussed worldwide. This is the case for two reasons: first, through interest in discovering how conciliation is effectively practised in other parts of the world, above all in the People's Republic of China, and, secondly, because of the efforts being undertaken, again worldwide, to further or to introduce conciliation as a means to settle commercial disputes. This article aims in particular to illustrate the practical aspects of conciliation. Therefore, I will first discuss case law and then the background of the Beijing–Hamburg Conciliation Centre. With regard to case law, I will first discuss in detail one particular case.1 This discussion will show, above all, the reasons for parties to agree upon conciliation. I shall then mention some more cases illustrating situations where conciliation could be helpful, or where a conciliation institution could be helpful, and in fact proved helpful in the...

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Available abstract

CONCILIATION, TODAY, is a topic which is discussed worldwide. This is the case for two reasons: first, through interest in discovering how conciliation is effectively practised in other parts of the world, above all in the People's Republic of China, and, secondly, because of the efforts being undertaken, again worldwide, to further or to introduce conciliation as a means to settle commercial disputes. This article aims in particular to illustrate the practical aspects of conciliation. Therefore, I will first discuss case law and then the background of the Beijing–Hamburg Conciliation Centre. With regard to case law, I will first discuss in detail one particular case.1 This discussion will show, above all, the reasons for parties to agree upon conciliation. I shall then mention some more cases illustrating situations where conciliation could be helpful, or where a conciliation institution could be helpful, and in fact proved helpful in the...

Key concepts: Conciliation, Beijing, Arbitration, Law, China, Political science, Institution, Sociology

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