중국 재판외분쟁해결제도의 문제점과 활성화방안에 관한 연구 - 인민조정제도와 중재제도를 중심으로

A Study on the Problems and Revitalization the ADR in China -Focused on Mediation and Arbitration-

  China has made rapid progress in its transition to a market economy since it began economic reforms in 1979. While conducting business in China, foreign companies occasionally find themselves embroiled in disputes with Chinese individuals and companies.   To resolve the dispute, they can use various types of ADR in China such as mediation and arbitration. But the ADR is not used actively in China as a trivial matter is inclined to be settled by litigation and ADR has not a binding force in China. In China, institutional arbitration is made by China International Economic and Trade Arbitration Commission(CIETAC) and the disputes settled by CIETAC have been increased.   This paper deals with problems in ADR, namely mediation and arbitration and some revitalization of ADR in China to establish the ideal system of ADR suitable for China.